A majority of auto accident cases get solved through a mediation between the victim and the insurance company; A small portion of these cases reach the courthouses and require the help of an auto accident attorney. But for most, such cases can be solved without claiming for a lawsuit.
If you have been a victim of a car accident or if you think you need an auto accident attorney in Orlando then read on to find more about car accident settlement process and timeline –
Reporting the accidents
Laws in most states in the US require the driver involved in any car accident to be the first responder and file the report for the accident with the local police department. There are different laws in different states but they all require a written statement of the accident mentioning if anyone was injured or killed in the accident. Some states also need the mention of property damage if there was any.
Car insurance facts
Every state in the US requires the car driver to carry a copy of the insurance or the original insurance document with them. There are two types of car insurances
- At-fault system
- No-fault system
Most states adhere to the policies mentioned in the at fault system. In the ‘At fault system’ the driver found to be at fault for a car accident bears the blame of the accident and is thus liable to pay for the damages inflicted on the other party. If the driver of the other car is proved to be guilty then you have the following options:
- File for a claim and settle it with your own insurance company
- File for a claim and settle it with the driver’s insurance company
- File a lawsuit against the driver
Filing a lawsuit is the least followed option throughout the country. This is because in a lawsuit there is no guarantee of you receiving the payment. Also, the other party may counter-sue you. There is a high risk of losing time, money and resources in filing a lawsuit and thus most people do not opt for it.
In the ‘No fault system’ you will receive the reimbursement for your losses (personal loss, loss of wages, damages to you or your property.) regardless of the person responsible for the accident. In this system your insurance company will straight up pay for your medical bills and other insured losses. But there is a limit to the amount that can be reimbursed in such a scenario. Also, there is no scope for suing the other party and this also eliminates you being sued in an accident.
Car accident claim settlement process
For your car accident, you can contact any Orlando auto accident attorney and he or she will guide you through the process swiftly. It is not necessary for you to go to trial to get your car accident claim settled. The attorney would simply help you with the paper trail that follows a claim settlement process. You can also try it on your own but there would be a lot of hassles.
First, you would have to gather information and evidence that supports your statement. There will be medical records, medication receipts, and other written proofs that prove your claim. After you have gathered all the evidence, you would need an affidavit stating that you are willfully withdrawing your claim with the support of all the evidence. You would be also required to fill a demand draft, explain your injuries, state and justify your claim, and detail the damages that you would like to be reimbursed.