Personal Injury Claims And The Single-Vehicle Accident
It's an unfortunate fact that all too often insurance companies will try to avoid paying out the benefits you deserve if you are in a single-vehicle accident and there is no other insurance company to sue. Consider the following if you are thinking of hiring an attorney to pursue legal remedies for an issue such as this with your insurance company.
Legalities and Paperwork
If you fled the scene of the accident, your insurance company may not be liable for any damages related to your injury. The situation does matter, though, as does the legal requirements of your state. For example, in some states, failure to report the accident can be considered a misdemeanor, even if the only damage was to your own vehicle and you were not at fault.
The accident should also be reported for the appropriate paper trail. This means filing a police report and reporting the accident to the insurance company in a prompt manner. You must also visit the hospital or your doctor as soon as possible to have your injuries assessed and detailed, along with any necessary treatment. It is a good idea to do this after the accident even if you feel fine since some injuries can take several days before you feel the full effect.
Make sure that you collect any necessary evidence that shows the mitigating circumstances that lead to the accident. Common causes for single-vehicle accidents that may allow for personal injury benefits from your insurance company include bad weather, mechanical malfunction of the vehicle, or an animal or other obstruction on the roadway.
Photographs of the accident scene immediately following the accident are preferred. If you were unable to get such photos, though, don't despair. You should still get photos of the accident scene to include with a detailed personal report of what happened. You may also be able to find recordings of the accident from nearby homes or businesses that are equipped with CCTV recorders.
Unfortunately, your insurance may refuse to pay out if there is any way that you can be shown to be at fault for the accident. Common tactics used by the insurance company include looking for evidence of speeding or reckless driving.
The burden of proof of your negligence will fall on the insurance company, though. If you were not cited for the accident, it is much more difficult for the insurance company to use at-fault conditions to avoid a payout. They will try to avoid having to pay, which is why you need a lawyer on your side.
Contact a personal injury lawyer if you need help filing a personal injury suit against your insurance company following a single-vehicle accident.