Since you will likely be presenting your case to an insurance company, you don’t need proof and solid evidence, at least not initially! Your formal negotiations with the insurance company will consist of a series of phone calls, letters, and interactions with an insurance adjuster. You need to prove who was at fault for your personal injury accident after the fact. But doing so can be difficult.
Given those realities, just making a strong argument in your favor is good enough. Doing so will convince the adjuster that you would probably win if you took your case to court.
Can I still be compensated if my injuries were partly my fault?
You may still be entitled to damages, even if you were partly at fault for your injuries, through the negligence rule. In this instance, the total percentage of your fault would be tallied up and your final settlement would be reduced by that amount. For example, if you were 40% at fault and your settlement was $100,000, it would be reduced by $40,000 or 40%.
You may not be entitled to a settlement at all if your share of the guilt was more than 50% in some states.
Can I be compensated for pre-existing conditions that made my injuries even worse?
Yes, in fact, you may get an even higher compensation amount if you can prove that pre-existing conditions made your accident even worse. Negligence is the legal term for any kind of careless behavior that causes or helps to cause an accident. A good example would be a hit-and-run accident because one driver ran a red light.
The same occurs when a person fails to observe his or her duty of care toward another person. A good example would be operating on the wrong foot!
What do You do When the Accident Report is Incorrect?
If anything in the accident report contradicts your version of the events and who caused the accident, you’re in a bind. You can still counter the insurance adjuster’s argument that you have no claim with one or more of the following arguments:
● Tell the adjuster that the police report isn’t actual evidence of the accident since the police officer wasn’t at the accident scene when the accident happened.
● You didn’t get a ticket from the police officer at the accident scene.
● The reporting officer doesn’t state any opinion regarding who was at fault.
● The account in the police report is nothing more than speculation from witnesses and eyewitnesses.
If the Insurance Adjuster Doesn’t Let Up
Your personal injury lawyer in Kitchener can remind the adjuster that the police report is useless if you decide to sue the insurance company in court. You’ll probably end up negotiating with the adjuster and asking for a lower settlement amount.