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How to Work an Automobile Accident Claim
by Dave Clark
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Overview
Whether injured or causing an accident, the process for reviewing automobile accident claims is the same for all parties involved. The two most important issues are liability and damages. Liability results from a violation of a legal duty. Damages include personal injuries and other harm caused by an accident. To recover damages, an injured party must prove both elements within a reasonable degree of probability, and further show that the violation of law caused the accident. Otherwise, the claim has no merit.
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Evaluating the Claim
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Step 1
Obtain a copy of the police accident report for evaluation. Look for a violation of law and the officer's conclusion regarding the cause of the accident.
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Step 2
Interview all available witnesses and request written statements describing how the accident happened. Evaluate each witness's credibility.
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Step 3
Evaluate liability. Determine if a violation of law occurred and if it was the cause of the accident. Violations of traffic laws strongly suggest negligence or gross recklessness.
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Step 4
Evaluate property damage. Obtain copies of all written appraisals of the damage caused to the injured party's vehicle.
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Step 5
Wait and be patient. Settlement negotiations are premature until the injured party recovers or all personal injuries caused by the automobile accident have become apparent.
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Step 6
Obtain medical records. When all damages are apparent, obtain copies of all medical records related to the accident, including reports from emergency rooms, hospitals, treating physicians and physical therapy providers.
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Step 7
Obtain copies of all receipts for medical expenses related to the accident. Include receipts for all treating facilities, doctors, prosthetics and prescriptions.
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Step 8
Narrative Report -- Request a copy of the treating physician's medical narrative describing all injuries sustained in the accident and an assessment of future disability, if any.
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Step 9
Gather documentation of all lost wages claimed to result from the accident.
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Step 10
Evaluate a potential settlement. Estimate the amount of money necessary to settle the claim based on the quality of admissible evidence.
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Step 11
Negotiate a settlement. Explore agreed facts, agreed violation of laws, the extent of agreement of personal injuries and all areas of disputes. Evaluate all areas of agreement and dispute to assess the potential for reaching an agreed settlement.
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- Accident report
Witness statements
Property damage appraisals
Medical records
Medical receipts
Narrative report
Lost wages statement
- Accident report
- Witness statements
- Property damage appraisals
- Medical records
- Medical receipts
- Narrative report
- Lost wages statement
- Parties to claims rarely agree on all issues. In most cases, all issues remain in dispute, yet compromise and settlement provide a more feasible alternative to litigation. To evaluate an automobile accident claim accurately, potential jury verdicts determine total potential settlement value, less the cost of litigation. All potential counties with venue, historical verdicts in similar cases and the ability of each attorney involved, also affect settlement value.
- Parties to claims rarely agree on all issues. In most cases, all issues remain in dispute, yet compromise and settlement provide a more feasible alternative to litigation. To evaluate an automobile accident claim accurately, potential jury verdicts determine total potential settlement value, less the cost of litigation. All potential counties with venue, historical verdicts in similar cases and the ability of each attorney involved, also affect settlement value.
