Decatur Car Accident Insurance Claims
If you have suffered injuries in a recent auto collision, it is vital to understand your legal rights when filing a Decatur car accident insurance claim. Every car wreck case is different, and depending on the nature of your injuries and damages, you may be entitled to numerous types of compensation.
If you have questions about getting started on your claim, consider speaking with an experienced auto accident attorney who could inform you of your best legal options and help you understand the process of filing a case better. An attorney could assist you at all stages of your car collision claim and fight for the fair settlement you deserve.
Types of Decatur Car Crash Claims
There are two primary types of insurance claims that a person could file after a car accident in Decatur. These are bodily injury and property damage claims. Sometimes, the at-fault driver’s insurance company may assign two separate adjusters to handle each part of someone’s claim. Once an injured party files a claim with the at-fault driver’s insurance company, the adjuster would proceed with investigating the claimant’s case to determine fault.
In some situations, the insurance company may settle the vehicle damage portion of the case fairly quickly, paying for the repairs or the total loss of the car, depending on the extent of the damage. After the claimant finishes medical treatment for their injuries, they would then need to submit a demand for settlement to the insurance company containing all supporting evidence for their case and requesting compensation. The settlement demand may include the accident report, photos of the scene, the individual’s medical records, pay stubs showing lost wages because of their injuries, and other relevant documentation.
The bodily injury claims adjuster would have about 30 days to review the claimant’s settlement demand before responding. Sometimes, the adjuster may respond with a low offer that does not reflect the full amount of the claimant’s damages. Negotiations could last for weeks or sometimes months. If a claimant is unable to reach a fair settlement with the insurance company, they could take the case to court.
A lawyer could handle all aspects of filing and pursuing an insurance claim for compensation, including negotiating for a fair settlement or fighting for a just damages in court. It may be challenging to achieve full payment without a lawyer’s help. An attorney who is well-versed in the legal process can leverage effective negotiation tactics that could help maximize financial recovery.
How Can Claimant Fault Impact their Compensation?
Under the state’s negligence laws, if the driver breached a legal duty of care owed to the injured part, this motorist could be liable for that person’s auto accident damages. All motorists have a responsibility to drive with reasonable care to avoid injuring others.
Sometimes, an insurance company in Decatur may argue that the claimant is partially to blame for their car accident to reduce the amount they have to pay. If a case does proceed to trial, the court may determine that both the claimant and the at-fault driver’s negligence contributed to the crash. In this situation, the claimant could still collect damages, minus their percentage of legal responsibility. However, a claimant may only collect compensation as long as they are no more than 49 percent liable.
Recoverable Damages in an Insurance Claim
In Decatur, several types of compensation may be available in a car wreck insurance claim. The claimant could recover their economic damages for lost wages, medical expenses, and other specific costs associated with their injury. Noneconomic damages, including pain and suffering, mental anguish, emotional distress, and loss of life enjoyment also may be included in a case settlement.
Contact a Decatur Attorney About Filing a Car Wreck Insurance Claim
If you have questions about Decatur car accident insurance claims, you should consult with a lawyer. An attorney could advise whether compensation may be in order and help you prepare a thorough claim to recover your damages. For help from our firm, schedule your case consultation today.