Car accidents can be among the most stressful experiences for a person to go through. The shock and adrenaline of a crash can rattle even most even-keeled people, and that’s only the start of it. There is the potential for injury, worries and fears of who is at fault, and financial or emotional damages. But even that isn’t the end.
After an accident, there comes the intimidating process of filing an auto accident insurance claim. The legal complexities and pressures involved with this process can heap an extra burden on top of an already difficult process. This article will explain five key mistakes to avoid while filing this claim. However, if you have been in an accident and would like more specific guidance, consider speaking with a knowledgeable car accident attorney from Lott Law by calling (228) 215-2787.
Mistake #1: Failing to Remain Calm
Oftentimes, the first few minutes after an accident has occurred are the most crucial for future insurance claims. Getting statements from witnesses, collecting contact information from the other driver, and assessing the scene will all greatly benefit an insurance claim. Being able to paint a clear picture of the scene and accurately describe which driver is at fault will have a dramatic effect on the compensation provided by an insurance company.
But these things are significantly more difficult if an individual is out of control. Keeping calm and acting rationally in a stressful situation can help set a driver up for success in the future. In addition, it is also important to contact the relevant authorities or healthcare professionals if there are injuries or other damages.
Mistake #2: Failing to Document the Scene
Much of an insurance claim relies on an accurate and unbiased understanding of the scene. Mississippi is what is considered a “fault state,” which means that the compensation is provided by the at-fault party and their insurance company. That being said, having proof of fault in unbiased documentation makes this process much smoother.
Photos and Witnesses
Photographing a scene to show the damages to the vehicles and other properties can help build a fault case. Additionally, it can be beneficial to take photos of skid marks, nearby traffic signs, and the surrounding area. Photos can be a concrete and unbiased piece of evidence that helps to prove the fault of a given party.
Collecting statements from witnesses of the crash can also be beneficial. If there are any bystanders nearby, it can help to collect their contact information as well.
Contact Information
In the event of a crash, having the contact information of the other driver and their insurance can be incredibly helpful. If you are unable to locate or contact the other driver’s insurance company, it may be difficult or even impossible to contact their insurance and submit an auto accident insurance claim.
Police Report
Most car accidents, particularly large ones with high damages, will involve an officer of the law. Generally, police officers will file reports on an accident that include witness contacts, assessments of the scene, and their unbiased perspective on the faulty party. Consider taking note of the officer’s name and badge number to retrieve this report in the future.
While some minor crashes may not require police involvement, it is still important to file a report. In fact, according to The Mississippi Bar, it may even be considered a misdemeanor if drivers fail to report a minor accident.
Mistake #3: Failing to Seek Medical Help
While it may not seem like seeking medical help would impact the validity of an auto accident insurance claim, there are several key connections. Clear documentation of medical treatments can point to both the financial damages incurred by the accident and the validity of the insurance claim as a whole.
Without proper documentation of medical help, an insurance company may be able to argue that the injuries resulting from the accident were pre-existing and reduce the compensation accordingly.
Mistake #4: Admitting Fault
Avoid admitting fault in a car accident. This can be one of the most damaging mistakes one can make in this kind of situation. Determining fault can be difficult, especially when road conditions or other factors apply. Admitting fault, even verbally, can greatly reduce compensation or even require payment of damages for an accident that may not be your fault.
Waiting until all the facts have been gathered and the adrenaline and stress of the accident have passed to determine fault in the accident. For more information on determining who is at fault in a car accident, consider speaking with an experienced car accident lawyer from Lott Law.
Mistake #5: Failing to Understand Mississippi’s Fault Policy
Several legal complexities inform the process of submitting an auto accident insurance claim in Mississippi.
Fault and No-Fault Systems
In the United States, there are two systems for insurance compensation: at-fault and no-fault systems. In a no-fault state, the individual’s own insurance company covers the cost of minor injuries and damages. This means that the innocent party does not have to prove the fault of the other party and reduces the need for litigation.
In an at-fault state, the parties involved are held liable to compensate in accordance with their degree of fault. This system requires insurance companies to be aware of who was at fault, and to what degree, and compensation will be issued accordingly. Mississippi is an at-fault state.
Comparative Negligence
Another important facet of Mississippi’s fault policy is comparative negligence. Even if a party is considered to be at fault, they may not be responsible to compensate for 100% of the damages. Compensation is issued by the degree to which each party is at fault.
If there was some action the innocent party could have reasonably taken to avoid the accident, they may receive less compensation. For example, if a driver was rear-ended, but they were reasonably able to turn out of their lane and avoid the collision, the insurance company may decide that the driver was partially at fault. If they decide that the driver was only 25% at fault, they may receive 25% less compensation.
Statute of Limitations
Lastly, it may also be necessary to understand Mississippi’s statute of limitations. Many states put a time limit on how long after the event of an accident one can file for a lawsuit. The deadline is often three years after the accident for lawsuits.
However, for auto accident insurance claims, this deadline is set forth by the insurance company in question and may vary. Being mindful of these deadlines can help to ensure proper compensation.
Frequently Asked Questions
Listed below are some of the frequently asked questions regarding auto accident insurance claims.
What Damages Are Recoverable From a Mississippi Auto Accident Insurance Claim?
Compensation may vary depending on the particulars of the accident, but they may include compensation for lost wages, medical expenses, emotional and physical suffering, and others.
Do I Need to Go to Court for My Car Accident Insurance Claim?
Not necessarily. Some claims can be resolved by settlements outside of the court. However, if the insurance company refuses to provide adequate compensation, it may be beneficial to go to trial.
Consider Contacting a Pascagoula Car Accident Attorney
There are many pitfalls to avoid when navigating an auto accident insurance claim, and many more that are not described in this article. Insurance companies may have different policies, it may be more complicated to determine fault, or there may even be multiple drivers involved. To learn more about the complexities of car accident law in Pascagoula, Mississippi, consider speaking with a knowledgeable car accident attorney from Lott Law by calling (228) 215-2787.