Not every car accident results in an injury and not every case require the victim to hire a Fall River car accident attorney. If you do not suffer any injuries, can you still file for a car accident claim and receive compensation?
To answer this question, you first have to understand the elements that must be present to make your car accident claim a success.
Three Elements of a Good Car Accident Injury Lawsuit
1. Liability
Liability is defined as the state of being legally accountable for your actions or inactions. Examples of liability include:
- Over speeding
- Driving while under the influence of alcohol
- Jumping a red light
- Overtaking the wrong way
Proving that the other driver was at fault can be quite challenging because no one will willingly accept they were at fault in an accident. The good news is that you can access easy-to-comprehend state traffic laws from your local DMV and use the information to argue your case. Alternatively, you can consult with a car accident lawyer near you or you can contact our Fall River car accident attorney.
2. Injury or Damages
For your car accident claim to be successful, you have to prove that you suffered an injury or incurred damages. If neither of those two is present, your case won’t hold up in court. The state of Massachusetts recognizes the following as damages in a car accident case:
- Lost wages
- Wrongful death damages
- Punitive damages
- Physical pain
- Pain and suffering
- Damage to the car or nearby property
Make sure you consult with a Fall River, MA car accident lawyer to help you determine which damages apply to you if you were not injured in your car accident.
Can You Collect Compensation?
The defendant has to be able to pay for your damages. There are instances where personal injury victims are not able to collect compensation because the defendant isn’t financially capable of paying or they do not have insurance.
How Car Insurance Claims and Lawsuits Work in Fall River, MA
After your car accident, you are entitled to file an insurance claim for the damages you suffered. If you were not injured in the car accident, damages such as pain and suffering, medical costs, and lost wages will not be available to you. The good news is that you will be able to file a claim against the person at fault for rental car costs, property damage, and other related expenses. However, before you can hold them liable, you need to prove:
- You incurred financial damages due to the accident
- The driver caused the accident because they failed to uphold their obligation
- The driver was obligated to follow certain rules of the road and they failed to do so.
Your Fall River car accident attorney should be able to help you gather all the evidence that you need to support your claim and to get a fair settlement.
They will also help you to calculate the value of your damages to help ensure that the insurance company will not undervalue your payout. Additionally, if the insurer denies or refuses to acknowledge the value of your claim then you may need to take your case to court.
The Process for Recovering Property Damages in a Car Accident Case in Fall River, MA
In most cases, car accident victims who haven’t suffered any injuries will recover compensation for property damages through the insurance claims process. The process includes:
- Documenting your losses and producing receipts and showing repair estimates
- Informing the at-fault driver’s car insurance provider about the accident
- You will work with the insurance adjuster to provide evidence of your losses.
- Directing the insurance adjuster to where you want to repair your car so that they can get a quote for the cost repairs.
Once the insurer knows how much it will cost to repair your car they will do either of the below:
- They will cover the total cost of repairs
- They will cover the cost of replacing your car
- They will give you a counteroffer which will be much less than you asked for.
If you are given the last option, you might consider hiring an experienced Fall River car accident attorney to negotiate on your behalf.
