Vehicle accidents can stop you in your tracks. What started out as a typical day may take you years to return to. If you have been in an automobile accident, you may be wondering what you can do in order to get some type of compensation and justice. Here are the more common types of claims that are normally filed after an accident.
Types of Claims
Being injured in an automobile accident gives you two types of claims that you can file; one is the no-fault accident benefits and the second is the tort claim. Each claim has its own different steps to take in order to file, both of them can be settled either in or out of court.
No fault benefits are normally paid through the automobile insurance company, regardless of who is at fault. You will receive benefits for medical treatment, loss of income, and pay for care giving expenses. You will be required to file a claim to the insurer and they will look over your claim and determine, if it is approved or denied. They may ask for additional forms to be submitted before they can reach a decision, including medical treatment costs.
Your insurer will have the right to accept or deny your claim. You can settle your claim with them outside of court and if this happens, they will most likely make a one-time payment to you instead of continuing your benefits. If they make you an offer that seems unreasonable, you will need to get the help of a lawyer.
Tort Claims Benefits
If you were a passenger in a vehicle, a driver of the vehicle, or a pedestrian and were involved in an accident that was not completely your fault, you may be eligible for a tort claim. This is a claim that you file towards the other drivers insurance. If the driver who caused the accident had no insurance, or not enough insurance, you can file a tort claim with your insurance company.Tort claims are about receiving compensation for suffering, pain, additional care after the injury is treated, loss of income, and any other expenses you have encountered.
Most cases are settled outside of the court room. However, you will most likely undergo the tort process. This can involve contacting the driver’s insurance company directly. Your lawyer will recommend that you go to court and file a claim or at least try to negotiate with the insurance company before you file. Your lawyer will be available to provide evidence to back up your claim. This evidence includes all medical records as well as police reports from the scene of the accident. Your lawyer will be able to provide proof that the accident was not caused by you. While reviewing the documents, the defendants lawyer will most likely want to question you directly to ensure that what is on paper is accurate and true.After seeing all the documents, the defendant’s lawyer may push the defendant to reach a settlement. If this is not successful, then there will most likely be a mediator to come to hear the case and settlement will be discussed, before it goes to court.
Most often, tort claims are settled through lump sum settlements. If you accept a settlement, the claim is then closed. The injury lawyer in Lindsay will then give you advice on whether or not you should consider the settlement, knowing that is basically all you will get.
Knowing When to Settle
Talk to your lawyer and let them advise you on the right way to handle your claim. It’s not easy dealing with this new injury and with all the logistics that go with it. You were injured, you want compensation. Let your lawyer help you.