Getting injured in an accident can be a traumatic experience and, in all the rush and adrenaline of the event, both drivers and passengers can make some crucial mistakes. Some of these mistakes refer to the way victims respond to injuries and neglect seeking medical help. However, there are also many people who, after being in a car/bike accident, pay large sums of money on medical treatment, and don’t know that they can get financial compensation.
If you’ve recently been involved in a car/bike crash, you should know that you’re entitled to compensation no matter what injury you suffered: traumatic head and brain injuries, concussions, soft tissue injuries, and so on. Depending on the jurisdiction, you might have to file a claim right away.
If you know a little something about personal injury cases, you’re expecting the process of making a claim and actually getting compensated to be a bit daunting. To manage receiving the amount you want, you are recommended to take into account a few important pointers, and here’s what you need to know:
How to get financial compensation in case of accident
Table of Contents
Don’t postpone seeing a doctor!
Shortly after the accident has happened, you should be examined by a doctor. Without immediate medical care, you won’t have records of the injury severity and might lose some of the money you would have normally been entitled to.
Even if no signs of injury are actually experienced on the spot, a medical examination is still required. Sometimes, symptoms take some time to appear, whether it’s a couple of hours or even a couple of days. Common symptoms after a car crash include: upper back, shoulder and arm pain, numbness in the arms, headaches, blurred vision, limited motion, memory issues, PTSD, etc.
Symptoms can worsen if left unattended, that’s why you should be examined by a medical professional immediately after the crash. This will also prevent the insurance company or the judge (if you take the case to court) from suspecting your claim is illegitimate and the injury wasn’t triggered by the accident.
Follow your doctor’s instructions
Fighting symptoms effectively and minimizing further health risks means following the treatment plan your healthcare provides has prescribed. Moreover, taking into account each medical recommendation received during your examination is necessary for your claim-related case as well.
By pursuing the exact treatment your doctor has indicated to you, it will be easier to demonstrate to the insurance company or to legal representatives that the injury was in fact as severe as it is stated in your file. Discontinuing or stopping your treatment plan could lower the amount you end up receiving, or simply make the claim process more complicated to handle.
You’re not alone. Seek legal help.
You will need to stay on top of a variety of legal details from start to finish. Without any experience with personal injuries or legal expertise, dealing with legal challenges will seem more overwhelming than it should. Seeking legal assistance is another important step you should be taking here.
Hiring a lawyer/solicitor will ease your responsibilities and increase your odds of success. A skilled professional, with expertise in car accident cases will know how to negotiate with insurers on your behalf and will help you maximize the compensation amount you can receive for your injury. Moreover, if the situation demands you to file a personal injury lawsuit, you’ll have the legal advice you need to successfully take your case to court.
When you are looking for a legal representative, research your options with attention and care. Keep in mind that your cases can get a bit complicated if you had a car accident abroad, while you were on vacation or on a business trip. The legislation may vary, and you’ll need to work with a law firm who knows how to bring the case to your original domicile. For example, did you know that in Ireland, whiplash claims account for over 70% of all car accident claims? This is because most car crashes in Ireland are rear-end collisions, and this causes neck strain. In India, on the other hand, the World Health Organization has identified that most accidents are caused by driving over the speed limit, driving under the influence, and not using helmets and seat belts.
Consider solicitors that have a rich background in handling the particular injury you suffered. Ask questions about experience, qualifications, but focus on effective communication as well. You want someone who you feel comfortable working with. Fees are also important, but pick a professional you know will help you obtain the most appealing outcomes.
Keep all records of the accident
The more evidence you hold to sustain your case, the higher your odds of actually getting the amount you want. Collect pieces of evidence that can support your claim, a few examples being:
- Medical records – ask your healthcare provider for a copy of your medical records form after the crash. These should show the specifics of your injury and the severity of your diagnosis. Get your pre-accident medical files as well, just to eliminate the suspicion of a preexisting condition linked to your injury.
- Police records – if your injury resulted from a crash, the police have probably been involved as well. Get a statement from the police representatives who’ve questioned you at the accident scene.
- Witness info – if possible, get the contact information of people who’ve witnessed the incident. This might come in handy if you’ll take the case to court.
- Expenses documentation – medical treatment bills, receipts, documentation on missed work hours – every single expense that has appeared after the personal injury scenario should be fully covered by the insurance company, so have complete documentation of these costs to make sure you’ll be compensated fairly.
How to file an insurance claim
Now it’s time to actually file your claim. If you’ve decided to handle things by the book and hire a solicitor, they will be able to help you with the filing part of the process. Gather all documents necessary (as advised by the solicitor or lawyer) and make your claim. It’s important to send in your claim on time, because usually, there are specific deadlines.
When you are filing the claim, focus on the following things:
- Facts not speculations – give the insurer all the facts without making any assumptions.
- Don’t admit fault – the compensation received can decrease if you admit you were at fault for the crash.
- Include all required paperwork – a missing document can affect your claim.
In India, If you ride a 4 wheeler or a 2 wheeler it’s mandatory to have a motor insurance policy atleast Third party Insurance. Generally, there are two types of the insurance policies: third party policy and a comprehensive Policy. If you damage another person’s vehicle or property or individual then the other person, called as the third party, can file a claim for compensation for damage, injury, death caused by your vehicle a car or motorbike. Third party can also claim compensation for physical disabilities. If there is a death or injury to an individual, then a case can only be taken by the Motor Accident Claims Tribunal. How to Claim Road Accident Compensation As Per M.A.C.T Guidelines explains in detail.
- The third-party damages are covered up to a sum of Rs. 1 lakh for 2 wheelers.
- The third-party damages are covered up to a sum of Rs. 7.5 lakh for 4 wheelers.
Conclusion
Personal injury claims can involve quite the hassle. However, you probably want to get a hold of the financial compensation you are entitled to, and for that to be possible, you will need to handle things correctly here. A few useful tips will support you in the process, allowing you to obtain the amount you’re requesting. Look over these suggestions with attention and take the necessary steps in claiming compensation – these few pointers can make quite the difference.
