The proof that you are not at fault and the other driver is can only be available from the scene of the collision. Key elements of proving the other driver’s offense include:
Police Report: The police examine the scene and compile an official report of the accident. The officers will often record evidence of the scene, add witness accounts, and any other notable facts from the scene. According to a San Diego car accident lawyer, the insurance adjusters often rely on the police account of the accident to make a judgement or dispute your claim.
Witness Accounts: The statements by the people who saw the accident can immensely help your case; this is especially true in motorcycle crashes because the witness will support your claim in court. For example, your motorcycle accident attorney can help you to obtain written confessions as evidence to support your claim. However, you must be careful because these accounts are only helpful if they support the fact that the other driver was at fault. They may also be detrimental if you were the one at fault, and they saw you moments before the accident.
Photographic evidence: Any recorded imagery, including photos and footage, can provide unquestionable evidence to support your claim. You may obtain such evidence from security cameras around the scene or business premises that could have captured the incident.
Keep Accumulating Evidence to Support Your Claim
You must prove how the neck injury has impaired your life’s daily activities, inhibited your ability to make income, cost you medical expenses, or caused psychological impacts.
Medical Records: A significant proportion of your settlement calculation involves medical expenses. For example, if you were unable to work due to injuries, your employment lawyer will need the records about your medical visits and health assessments can prove the financial costs you have incurred and validate the fact that the accident caused the whiplash injury
Therefore, saving all the invoices and receipts throughout the treatment process is imperative to help you present a strong claim. Also, track the mileage that you accumulate and parking fees at the doctor’s clinic or the therapy location.
When the adjuster requests to check your records, ensure you only send copies and retain the original documents.
The adjust cannot receive your records unless issue a medical release by signature. Be sure you read the documents before putting your name on any paper.
Avoid signing any authorization that asks for a general medical release: You must remember that your dealings with the insurance company strictly pertains to the whiplash injury. The organization has no authority to access your medical history information or any condition after the whiplash injury. A general medical release can put you in a precarious position if you sign it.
Whiplash. Occasionally, the severity of your whiplash injury may require longer recovery time. In such instances, hiring a personal injury attorney will be important to get the compensation you deserve. Insurance companies have a reputation for fighting high-cost whiplash claims. Adjusters use the “take it or leave it” approach to intimidate victims into accepting undeserved settlements if they are unaware of their legal rights.
Complicated whiplash claims may cost the company a fortune. Avoid the risk of losing the value of your compensation by hiring a personal injury attorney.
The medical release should start from the date you got in a crash and only involve the providers that handled the whiplash condition. In case the adjuster compels you to submit any document without consent, then ask to involve your attorney.
Vehicle Damage: Provide photographic evidence of your car after the crash. Keep detailed images of all damages that your car sustains for evidence.
Retain the repair cost records and the listing of the damaged parts. The adjusters are conversant that even mild accidents can lead to whiplash injuries. Therefore, severe damage to the vehicle signifies a more serious whiplash impact.
Occasionally, the police report can provide estimates of the vehicle speeds immediately before they crashed.
Journaling: Maintaining a meticulous record of events from the time of the collision and during the treatment process is crucial to help you remember the sequence of events. This will also help you recognize how your injuries impacted your life. Additional information about when you need help from family members or friends may prove the difficulties you face due to the injury.
Frequently, whiplash claims get an out-of-court settlement. In case they land in court, do not record anything you might not want to tell the judge.
An Attorney Can Help You to Get the Compensation You Deserve
The majority of whiplash claims can be resolved without assistance from a personal injury attorney.
Once you recover from your soft-tissue whiplash injury, you can calculate the compensation by totaling all the medical bills, personal expenses, and the missed wages. You can also add a similar amount or double to cater to special damages.
Afterward, submit your claim accompanied by copies of evidential materials.