Read this article carefully, if you reside in Missouri and want to successfully file your auto accident claim. No one can anticipate an accident. So, when one happens, it is vital that you follow the necessary steps file your lawsuit properly against the responsible party as soon as possible. Here are some things to do to avoid damaging your case.
Call 911 and file a police report immediately after the accident
The driver who is at fault for the accident may seem polite and feel sorry for causing the wreck, but do not allow this to stop you from following the proper procedures. There are many cases of individuals promising to pay for damages, and then not following through because no legal action was taken. The longer you wait to file a report, the more likely your case will fall apart or be harder to make. This has led to instances of the responsible party being awarded compensation, and leaving the victim with a stack of bills that they may not be able to pay. By failing to report the accident and having a police report filed within 24 hours can be its own injury.
Even if you can’t have to proper police report filed after the accident because you have left your insurance details at home, you will still have 24 hours to get your insurance information and take it to the police station to ensure they have all the proper documentation. This does not mean you should waste anytime reporting the event. Keep a copy of your insurance in your vehicle and immediately call 911 after the accident. Stay at the scene and wait for police and medical teams to arrive and allow them to document the incident and any injuries that you may have suffered.
You will want to have the police officer who arrives document as many details in his report as possible. It should include information such as:
- Cause of the accident
- Weather conditions
- If either party was intoxicated
- Who was at fault for the accident
Keep an eye out for any witnesses. If there are any it is useful to get their name as well as a statement from them as to what they witnessed.
Keep all your medical details readily available
Seek medical attention as soon as possible after the accident. Some people will wait a few days after the accident to see a doctor. Regardless of if you have major or minor injuries, a medical examination is important for your case. You may have an injury that you are completely unaware of that would help in your case. It will also help to convince the court that your injuries were from the accident. Not to mention the sooner you receive medical care, you will be able to recover much sooner.
You will only be able to file for a settlement once. If you file your claim before you have been examined by a skilled medical professional and did not mention an injury that they have found and deemed related to your accident, you will not be able to refile. This should be kept in mind when you are planning on filing your claim.
Never give recorded statements to the insurance firm
The insurance company wants to pay you the least amount possible. They may seem like what they are paying you in your settlement is a large amount, but the fact is that, they may not be paying you what you are entitled to for your damages. One factor that can cause a potential reduction of your settlement is by giving a recorded statement to the insurance company.
Insurance adjusters are trained to do reduce your settlement amount to the best of their ability. Although you may feel intimidated, you should not give in easily to their offers. Therefore, hiring legal counsel to represent you can be so important. You may have to pay lawyer fees, but it will most likely be a minimal compared to what they will be able to get for you.
It is advised to not sign any medical release statement. This is because the defendant or driver responsible for the accident will be trying to weaken your case by whatever means possible. When you sign the release, you are allowing for the defense to access your past medical history. Do not sign it, even if they tell you it is standard procedure. You are not required to sign a medical release, keep that in mind.
Do not wait for the insurance company to accept liability. If you do, they will probably deny claim and refuse to pay you a settlement. It has happened in the past, and it still happens today. Therefore, you will need to have an experienced lawyer. You are suffering from injuries and may not be able to handle all the stress that comes along with making your claim.
Why it is best to take the help of legal advisor to file a case?
There are many skilled and qualified lawyers to choose from, and you shouldn’t have to pay for another person’s mistake. So, why would you suffer in silence, when you could have someone working to make sure you are properly compensated, and unless you are well versed in the laws of your state, an attorney is your best bet.
The best way to ensure you receive the proper settlement is to file your case as quickly as possible and avoid any delays. When making your claim, remember that the insurance adjusters are very experienced, and will work to reduce the amount you will receive as compensation. They may offer you a settlement, but it will likely be much lower than what you deserve for your injuries. They will not let you know what you would potentially have been eligible for, and this another reason why having lawyer will help you. A skilled Kansas City car crash attorney will know what your case is worth and will fight to ensure you receive it.
Adam Krause is a personal injury, mass tort, business litigation, and employment discrimination attorney who practices in Kansas City, Missouri. He graduated from the University of Missouri Kansas City School of Law and has been practicing law for several years now. Adam Krause has made a career of taking complicated litigation and presenting it in the most elementary terms for a jury of your peers to understand. Learn more about his experience here.