4 Auto Insurance Claim Problems You Should Take to a Car Accident Attorney

An average of nearly 12 million auto crashes happen each year in the United States, with roughly one-third of the accidents causing some type of vehicle damage. Although the majority of vehicle collisions cause what is called fender benders that result in minor property damage and minimal injuries, more than 42,000 Americans die each year because of getting involved in motor vehicle crashes. The numbers do not favor a registered driver in the United States, as the typical motorist can expect to get involved in a car accident one time every six years.

With the data pointing towards the inevitable car accident, do you know how to handle the aftermath of a motor vehicle collision? Calling 911, receiving medical care, and exchanging information with other drivers and passengers represent three common steps to follow after a car accident. Another common step involves contacting a state-licensed car accident attorney. Reaching out to a lawyer is important for many reasons, such as receiving legal support when the time comes to file an insurance claim to recover the financial losses associated with an auto crash.

What Are the 4 Most Common Reasons Policyholders File Auto Claims?

Filing a car accident insurance claim can turn into an exercise in frustration. From submitting the proper documents to monitoring the progress of a claim, you might find yourself out of money unless you receive the strong legal support of an experienced personal injury attorney who specializes in handling car accident cases. Depending on the type of insurance coverage, you might not be eligible to receive compensation to cover medical and property damage bills.

Let’s look at four auto insurance claim problems that you should take to a car accident attorney.

Rear-End Collision

A rear-end collision is one of the most common types of fender-bender car accidents. They often take place at stop signs and traffic signals. Although damage to the rear of your automobile might be minor, you can still sustain one or more serious injuries. Two of the injuries sustained as the result of a rear-end collision typically take time to develop. The body motion generated because of a rear-end collision can cause whiplash and/or a concussion. Taking a rear-end collision insurance claim to a car accident lawyer ensures you receive just compensation for diagnosing and treating delayed injuries such as whiplash and a concussion.

Damage Sustained While Parked

After an evening that included a movie and a meal at your favorite restaurant, you return to your vehicle and notice another driver has made an impact on the car. If you pay for comprehensive car insurance coverage, you should consider hiring a car accident attorney to help you file a persuasive auto insurance claim. Even without the support of witness statements, you can recover your financial losses by filing a parked car insurance claim. Your lawyer gathers physical evidence, which includes any traffic and/or security camera footage.

Single Car Accident

Single-car accidents produce many of the same car insurance claim problems as claims involving a parked motor vehicle. The lack of witness accounts to support your claim represents the most formidable insurance claim challenge to overcome. If you made an impact with a stationary object like a sign or fence post, you have the right to receive compensation to cover the costs associated with the property damage. However, receiving insurance compensation after a single car accident requires the legal support of a car accident attorney.

Auto Collision That Involves Multiple Drivers

One of the most important responsibilities of a car accident attorney is to gather physical evidence to bolster an insurance claim. Collecting physical evidence is especially important for receiving compensation for a multiple-driver car accident. Your car accident lawyer conducts an investigation to determine which of the multiple parties caused the collision. This requires obtaining physical evidence, as well as interviewing witnesses that were not involved in the car accident.

5 Examples of Commercial Truck Accidents Being More Complex Than Car Accidents

If you have experienced the aftermath of a car accident, you understand that a legal case can get complex quickly. From a lack of physical evidence to confusing insurance jargon, you can get bogged down in a car accident case for months on end. Although car accident cases often turn into complicated legal messes, they do not compare in complexity to the complex issues that arise from a commercial truck accident case.

Why Are Commercial Truck Accidents More Complex Than Car Accidents?

Accidents involving commercial trucks represent some of the most devastating accidents that occur on American roads and highways. Victims of a commercial truck accident frequently develop severe, even life-threatening injuries as a result of colliding with a massively sized commercial truck. In addition, truck accident insurance claims typically introduce many more complex factors than the insurance claims filed for other types of motor vehicle accidents.

Damages and Injuries

The sheer size and weight of a commercial truck cause more property damages and serious injuries than any other type of auto accident. Determining the extent of property damage and serious injuries requires a much more thorough investigation that introduces complex legal and insurance issues.

The more serious the injuries and the higher the value of property damages, the more complex the commercial truck accident case.

Liability

Liability boils down to ownership, which varies among the drivers of commercial trucks. Although most truck drivers are considered owners/operators of their vehicles, a substantial percentage of commercial truck drivers operate big rigs that are owned by a company. Legal and insurance issues concerning liability become even more complex if a truck driver operates an 18-wheeler to haul loads for another party.

Since ownership is often difficult to ascertain, a truck accident case can create issues that make it difficult to determine the liable party. Liability also is problematic because the type of cargo can make a truck driver not liable for causing a collision.

Laws and Regulations

Truck drivers must follow more laws and regulations than the average driver. For example, truck drivers cannot operate a big rig for more than a certain number of hours a day. A truck driver who exceeds the maximum number of operating hours and then causes a commercial truck accident might be guilty of operating a commercial truck while fatigued.

Due to a large number of laws and regulations, discovering fault in a commercial truck accident case generates several complex legal and insurance issues.

State Laws

Although the United States Department of Transportation issues the regulations for operating a commercial truck, each of the 50 states has implemented laws that vary in the types and strength of regulations. The actions taken by a commercial truck driver in one state might produce different legal and insurance ramifications for the same actions taken in another state.

Truck Data

Many truck drivers carry a black box that records a wide variety of data, such as the different speeds traveled throughout the day. The data recovered from a truck’s black box helps investigators determine the cause of a commercial truck crash. However, any discrepancies between the data recovered from a black box and the physical evidence gathered at the scene can turn a relatively easy commercial truck accident case into a difficult case to resolve.

Your Car Accident Attorney Can Help You Get The Settlement You Deserve

If you have sustained one or more injuries as the result of a car accident, you might be eligible to receive compensation by filing an insurance claim, as well as a personal injury lawsuit. For both types of claims, you can receive a favorable decision that helps you pay for the costs associated with medical treatments and the repairs done to property damage. However, your car accident lawyer also might be able to negotiate a settlement, which allows you to avoid the costly and time-consuming litigation process. A settlement pays for the same costs associated with a favorable legal judgment and an approved insurance claim.

How Should I Respond After a Car Accident?

How you react after a car accident determines the outcome of negotiations for a settlement. The key is to submit overwhelming evidence that another party caused the accident that led to the development of your injuries.

First, you should call 911 to activate the local emergency response teams, such as paramedics and law enforcement personnel. Unless you got involved in a minor fender bender, law enforcement personnel conduct an investigation that ends with the submission of the official police report. The official police report represents the most important type of evidence submitted to both insurance companies and the judge hearing a personal injury lawsuit that seeks monetary damages.

After the emergency response teams arrive at the scene of the car accident, receiving medical care is the next step on your to-do list. Even if you sustained what appears to be minor injuries, you should receive a thorough medical examination to ensure you have not sustained an injury that develops delayed symptoms, such as whiplash and/or a concussion. After receiving medical care, contact a state-licensed personal injury attorney who specializes in handling car accident cases. Your lawyer gathers additional physical evidence, as well as interviews witnesses to support your insurance and legal claims.

How Does My Car Accident Attorney Negotiate a Settlement?

Your car accident lawyer follows a few steps to reach a favorable settlement with another party after a car accident.

Calculate a Fair Compensation Value

Calculating a fair value for a car accident settlement involves factoring in both tangible and intangible costs. Tangible costs leave a paper trail, with documents verifying the costs associated with medical care and repairing property damages. Intangible expenses do not leave a paper trail, such as the costs associated with developing emotional trauma symptoms like Post-Traumatic Stress Disorder (PTSD). Also referred to as non-monetary damages, your car accident attorney calculates the fair value of intangible expenses by using a formula that factors in the costs associated with tangible expenses.

Send a Demand Letter

A demand letter is a formal document that initiates the negotiation process with an insurance company and the lawyer representing the other party. The demand letter includes a detailed description of the car accident, which includes a copy of the official police report and the physical evidence collected at the scene of the collision. It also should include witness statements and contact information. Another section of the demand letter explains how your attorney calculated the proposed settlement value.

Negotiations

After submitting the initial offer found in the demand letter, the other party can either accept or reject the proposed value for compensation. If the other party rejects the initial offer, you might receive a counteroffer or a request to move on to the next step in the claim process. For a civil lawsuit that requests monetary damages, the next step is to take your case to the trial phase of the litigation process. If an insurance company rejects a settlement offer, your attorney can file an appeal to receive compensation.

Top 5 Questions to Ask Your Truck Accident Attorney

If you sustained one or more injuries as the result of a truck accident, you should act with a sense of urgency by contacting an experienced truck accident lawyer to schedule a meeting to discuss your case. Most truck accident attorneys offer a free case evaluation for potential clients to discuss their cases. During the first meeting with a truck accident attorney, the lawyer reviews your case to determine what type of action to take, which can include filing a civil lawsuit that seeks monetary damages.​

The attorney reads the official police report of your case, examines the physical evidence collected by the responding law enforcement agency, and interviews witnesses that describe what transpired before, during, and after the truck collision. You learn about how to file a persuasive insurance claim, as well as discuss the steps required to take legal action to recover the financial losses generated by the truck accident. Toward the end of the first meeting with a truck accident attorney, you get the opportunity to ask questions to help you decide whether the lawyer sitting across from you is the right one to handle your case.

What Type of Questions Should I Ask the Truck Accident Attorney?

The questions that you ask a truck accident lawyer can determine the direction you take for your case. You should ask questions that pertain to the attorney’s legal background, as well as clarify how the lawyer approaches handling truck accident cases that result in a victim sustaining one or more injuries. You also should ask questions that explain the legal process, as well as educate you on what you need to do to boosting the strength of your case.

Here are the top five questions to ask a truck accident attorney:

Do You Specialize in Handling Truck Accident Cases?

Personal injury lawyers typically specialize in one, maybe two areas of personal injury law. You want to determine whether the attorney sitting across from you specializes in handling truck accident cases. Truck accident laws vary from other types of personal injury cases such as medical malpractice and premises liability. Although case and truck accident cases share many similarities, there are enough legal differences to require a truck accident attorney to handle your case.

Do You Work on a Contingency Fee Basis?

Hiring a truck accident attorney can cost a considerable amount of money, especially if a lawyer charges clients for legal services by the hour. You want to hire an attorney who operates on a contingency fee basis, which means the lawyer gets paid when you receive compensation from an insurance company and/or a personal injury lawsuit that seeks monetary damages. Truck accident attorneys who charge on a contingency fee basis receive a percentage of a client’s compensation.

Will You Work on My Case from Start to Finish?

The truck accident attorney that you meet for an initial consultation might not be the same attorney who helps you file an insurance claim and/or a personal injury lawsuit. You want to avoid hiring a truck accident lawyer who meets with you for an initial consultation, only to delegate legal responsibilities to a paralegal or a less experienced litigator.

Do You Negotiate Settlements?

Your goal as a victim of a truck accident is to receive compensation in the least amount of time. You can accomplish this goal if your truck accident attorney is willing to negotiate a settlement with the insurance company processing your claim, as well as the defendant in a civil case.

How Much Time Do I Have to File a Personal Injury Lawsuit?

Each state has established a deadline to file a personal injury lawsuit. Although most states have set the statute of limitations to take legal action between two and four years, other states have set the deadline for filing a personal injury lawsuit as long as six years or as short as one year. Regardless of the statute of limitations established by the state where you live, you should act with a sense of urgency to recover your financial losses.

Can a Car Accident Attorney Help If I Was Charged With Road Rage?

Car accident attorneys provide several types of legal support for clients. They conduct thorough investigations that include gathering evidence and interviewing witnesses. Part of the evidence-gathering process involves reading the official police report, which represents the most influential document used by judges and insurance companies to issue decisions on financial claims. If you get involved in a car crash, a personal injury attorney who specializes in handling auto collision cases acts as an intermediary between you and the insurance adjuster processing your claim. You receive legal support during a civil trial, but your attorney should try to avoid a costly and time-consuming trial by trying to negotiate a settlement with the other party.

One cause of car accidents concerns the commission of one or more acts of road rage. If you sustained injuries and/or property damage as the result of road rage, you should contact an experienced and state-licensed car accident attorney. However, if you received a ticket or worse, a summons to appear in court because you committed one or more acts of road rage, then you should speak with a criminal defense lawyer. Although most states have not defined road rage as a specific crime, an act or acts of road rage that causes harm to another party might justify the filing of criminal charges such as attempted vehicular assault.

What Are the Most Common Types of Road Rage Behaviors?

A report released by AAA Exchange describes the different types of behavior that define road rage. One of the most common forms of road rage behavior is verbalizing anger while driving a motor vehicle. The verbalization of anger can consist of yelling, screaming, and/or cursing at another driver. Physical actions like banging on a dashboard and slamming the steering wheel constitute acts of road rage as well.

Another common type of road rage behavior can lead to another party sustaining one or more injuries and property damage. This type of road rage behavior involves an angry motorist who performs dangerous vehicle maneuvers, such as colliding with another car.

What are the Most Common Factors That Contribute to Road Rage?

The National Highway Traffic Safety Administration (NHTSA) states that a driver can develop anger for one of several reasons. First, a motorist who had a bad day can quickly turn volatile when confronted with traffic congestion. For every minute that passes while stuck in traffic, the festering anger becomes stronger. Second, drivers that have time issues can flip on the anger switch when they are delayed while operating a motor vehicle. Third, the veil of anonymity leads many motorists to believe they can get away with unacceptable behavior. Finally, selfishness plays a role in some drivers developing road rage behavior.

The Bottom Line: Road Rage Can Produce Serious Legal Consequences

Road rage charges can lead to legal consequences that can negatively impact you for years to come. This is especially true if you caused another party physical harm and/or damaged personal property. If you face one or more charges of road rage, as well as related criminal charges, act with a sense of urgency by contacting an experienced criminal defense attorney.

Rig Repair is Costly Unless You Have a Good a Truck Accident Attorney

If you are involved in a truck accident, the first item on your to-do list is to check on the health of everyone involved in the collision. If you sustained one or more injuries as the result of a truck accident, you should seek immediate medical care. If you do not act with a sense of urgency to receive medical care, you might have a difficult time getting an insurance claim approved, as well as winning a legal judgment that awards you compensation. Truck accidents typically require the presence of law enforcement personnel to conduct an investigation that leads to the submission of the official accident report.

Although the cost of medical bills can put you in a deep financial hole, the repairs to your rig can cost as much, if not more than medical expenses such as diagnostic tests, treatment programs, and physical therapy sessions. The Technology and Maintenance Council of the American Trucking Association reported that in the last quarter of 2021, the average cost of labor and parts for truck repairs climbed more than four percent. This means big rig repair is costly unless you have a good truck accident attorney on your side of a legal dispute.

Filing an Insurance Claim

You have two possible sources of compensation after a truck accident: Filing an insurance claim and a civil lawsuit that seeks monetary damages. Filing an insurance claim requires the legal support of a personal injury lawyer who specializes in handling truck accident cases. An attorney calculates a fair value for compensation, as well as acts as an intermediary between you and the insurance adjuster. Without the legal support of an experienced lawyer, the insurance adjuster might deny a valid claim or approve a claim for much less than what you deserve in compensation.

A truck accident attorney also closely monitors the progress of your claim to ensure the insurance adjuster processes it in a timely manner.

Types of Compensation for a Civil Lawsuit

Paying for the substantial costs associated with rig repair also can come from the monetary damages awarded by a judge hearing a personal injury lawsuit. Judges award economic damages to help plaintiffs pay for the costs associated with medical and truck repair bills. To receive compensation for rig repair, you must submit copies of repair bills for the judge to review.

You also might qualify for non-economic damages and punitive damages. Non-economic damages pay for the costs associated with pain and suffering, while punitive damages punish the defendant for committing one or more acts of negligence.

File a Personal Injury Lawsuit

Rig repair is costly if you do not file a civil lawsuit before the expiration of the statute of limitations. Each state has established a deadline for taking legal action, with most states setting the deadline between two and four years. Although you have plenty of time to take legal action, you should act with a sense of urgency for two important reasons. First, you must pay rig repair bills as they come due. Without receiving compensation from a favorable legal judgment, you can quickly fall into debt. Second, your truck accident attorney needs to interview witnesses as soon as possible after the collision. Witness accounts tend to lose credibility the longer they are given after a personal injury incident..

Will a Car Accident Attorney Handle a Boating Accident With Injuries?

You have sustained multiple injuries as the result of a boating accident. Rapidly mounting medical bills and costly boat repair receipts have put you in a deep financial hole. As you search for a personal injury attorney to help recover your financial losses, you discover that some car accident attorneys also practice personal injury law by representing clients involved in boating accident cases.

Will a car accident attorney handle a boating accident with injuries?

The question should not be “Will a car accident attorney handle a boating accident with injuries.” Instead, the question is “Is a car accident attorney qualified to represent me when filing a boating accident insurance claim, as well as a civil lawsuit that seeks monetary damages?”

Hiring a personal injury lawyer who specializes in handling boating accident cases is important for two reasons. First, your attorney must possess a deep understanding of the maritime and boat safety laws enacted by the state where you live. Each state enforces different maritime and boat safety laws. For example, although Texas and Florida share many of the same maritime and boat safety laws, each state has passed a few statutes that address different legal issues. Second, your attorney also must have in-depth knowledge of the type of boats that got involved in the boating accident.

You also should search for a personal injury lawyer who has compiled a proven record of success. Determine the success rate of filed insurance claims, as well as the number of favorable legal judgments that awarded compensation to clients. A car accident attorney who occasionally takes on a boating accident case is not a viable candidate to represent you when filing an insurance claim and/or a civil lawsuit that seeks monetary damages.

What Do Car Accident and Boating Accident Attorneys Share in Common?

Despite a few differences in knowledge requirements and case responsibilities, car accident and boating accident attorneys share several similar job duties.

Conduct a Thorough Investigation

Both car and boating accident attorneys conduct detailed investigations to determine the best course of action. Both types of cases require reading the official law enforcement agency report, which should include a description of what caused the accident. The most common causes of both car and boating accidents are distractions, reckless maneuvers, and operating under the influence of drugs and/or alcohol.

Both types of lawyers also gather physical evidence and interview witnesses.

Calculate a Fair Value for Compensation

Personal injury attorneys calculate a fair value for compensation by considering three types of compensation awarded for a civil case: Economic damages, non-economic damages, and punitive damages. Economic damages cover the costs associated with tangible expenses, such as medical bills and property repair receipts. Non-economic damages cover the costs associated with pain and suffering, which includes developing the symptoms of Post Traumatic Stress Disorder (PTSD). As a type of compensation that is not awarded to pay for a plaintiff’s expenses, punitive damages punish the defendant for committing one or more acts of negligence.

Prove Negligence

To prove another party committed at least one act of negligence for a boating accident, your attorney must prove the presence of four legal elements. Duty of care is a doctrine that holds all parties responsible for operating their boats safely. A breach of the duty of care doctrine represents one or more negligent acts committed by another party. Causation is an element that requires your personal injury lawyer to prove the boating accident caused your injuries. Finally, you have to prove you sustained financial losses as the result of the boating accident.