Thousands of auto accidents occur everyday, and more often than not, these accidents can be life-altering events for victims. It is important to know what to do in the aftermath of an accident so that you can be compensated for your injuries.
When an accident gets reported, an investigation is launched to determine who was liable and how much will be received in the settlement. There are certain auto accident investigation steps that must be followed for a more accurate claim.
Victims can get in touch with a car accident lawyer in Jersey City to evaluate their claim, gather and preserve evidence, and build a strong case so that they will receive a fair and honest settlement from their insurance.
Following an accident and your report, your insurance company will engage in an accident investigation. This means that they will examine the evidence of the crash to determine who was really at fault for the accident happening and use that conclusion to make your settlement offer.
Oftentimes, insurance agents or attorneys will consult with accident reconstruction experts, who work for the police or could be part of a private firm or agency.
If a personal injury case is taken to court, a reconstruction expert may also be called upon to present their findings in court, as any of these aspects of the crash can be used to assess liability.
Get Legal Assistance NowWith any auto accident, there are specific yet necessary steps that claimants will need to follow to file a successful claim. Below are several actions you can take to guarantee your rights are protected.
Nothing is more important than your own safety after a crash, so you should make sure you are a safe distance from the road and oncoming cars as well as any hazardous flames or chemicals that may be emitting from the vehicle.
Victims should check themselves for injuries, even if it seems minor, and you should always call 9-1-1 so that you can receive immediate medical attention.
Most of the evidence used in car accident investigations comes from photos and videos of the scene, either taken during the police investigation, dashcam footage, photos taken by bystanders, and news crews reporting in, if any.
Vehicle black box data, which in many vehicles will contain flash memory information like speedometer readings, timing of deployed safety devices, seatbelt usage, or other data, can also be instrumental to supporting your case.
Interviewing witnesses after a car crash can be a crucial step to the claims process, as their version of events could match with yours. Witness statements in accident cases can also be used during court proceedings to support your claim in front of a jury.
Invoices for time spent nursing an injury or visiting doctors, as well as treatment plan options or prescribed medicine can start adding up quickly for injured victims trying to recover, so gathering and preserving these documents for your case can help insurers estimate how much to compensate you.
A written statement from a doctor explaining any long-term consequences of the injury may significantly support your case as well.
Police reports will often provide a detailed account from all parties involved, witnesses or bystanders, and, sometimes, the officer's own opinion. Post accident forensic analysis from reconstruction experts can also be found in these reports since many experts are part of law enforcement. Analyzing these reports is often invaluable to an accident investigation, and will likely determine much of the conclusions.
There can be a number of challenges during an investigation that may affect your personal injury case. This is where having an expert attorney can come in handy for victims who are inexperienced in dealing with claims or are focusing on recovery.
Certain accidents may not have many other surrounding drivers or bystanders who had witnessed the crash or its aftermath, and the parties may have neglected their duties in documenting the crash fully. When this happens insurance adjusters might rely on secondary forms of proof like expert witness testimony or other medical records and continue the case from there.
Many accident cases are complicated and there may not be a clear way of determining which driver had been at fault, or if there had been some shared negligence from both sides. In these cases, your lawyer will negotiate with insurance companies that are trying to shift blame by using the evidence and expert analysis provided to them during discovery.
Some insurance companies may try to lowball claimants if they doubt the severity of injuries or if the evidence in an investigation is limited. When this happens, personal injury lawyers may present alternative evidence or dispute the claim by leveraging their expertise in the law.
In certain instances, police reports may not be finalized until days or weeks after the accident, and this can leave certain crash victims in limbo when filing a claim with their insurance, and in some cases claims can be denied. However, the advocate on your behalf can appeal a decision from an insurance company, or re-open a claim that was closed to help their clients secure the compensation they are entitled to.
When notifying insurance companies of an accident, an insurance agent will reach out to you requesting a full report of the accident, including contact information of the other parties, license plate numbers, vehicle estimates, and other receipts that can be used for your reimbursement.
Insurance claims adjuster duties include investigating, evaluating, and negotiating claims to limit the insurance company’s exposure financially, often resulting in smaller payouts. With the help of a law firm, these claims can be negotiated higher and you can be assured your legal rights are protected.
At Omni Injury & Accident Law, we represent clients throughout New Jersey, including Fort Lee, Bergen County, Essex County, Hudson County and other surrounding areas.
If you were a victim of a car accident in the Jersey City area, you can contact Omni Injury and Accident Law today to find a lawyer who is right for you. Our law firm has a proven track record of securing settlements and taking a client-based approach for every case.
