Car accidents might be common occurrences, but they are incredibly dangerous and should not be disregarded. It is best to speak with a lawyer about your injuries and damages and whether you have a valid legal claim for compensation.
To get the full compensation you deserve, you and your lawyer should explore various legal channels and determine which works best for your situation. Injured drivers often file insurance claims to cover their damages and expenses. If insurance is insufficient, such as when policy limits are exhausted, a lawsuit might help you recover any remaining damages and possibly other damages unavailable through insurance. Generally, insurance companies pay for damages in car accident cases. However, if the other driver is uninsured, they might end up paying out of their own pockets. Before getting any compensation, we need evidence showing that the other driver caused the crash. We also need to identify all the drivers we believe contributed to the crash, especially in cases of multi-vehicle accidents.
Schedule a free evaluation of your claims with our car accident lawyers at Howe Law at (844) 876-4357.
How to Get Compensation for Damages after a Car Accident in Huntsville, AL
Fair compensation should cover your financial losses after a car accident and the painful experiences that might have left psychological or emotional scars. No two car accidents are the same, and each case might employ different legal options to get fair compensation for plaintiffs.
Filing an Insurance Claim
Since Alabama is a fault-based state regarding auto insurance laws, you will likely have to file a third-party claim with the other driver’s insurance company. As such, it is extremely important that you exchange information with all the drivers at the scene of the accident.
Once you file your claim, you need to prove to the other driver’s insurance company that their customer is to blame for the crash. Although evidence in insurance claims does not necessarily have to meet the rigorous evidentiary standards of the court room, your evidence should still be as strong as possible.
If your case lacks evidence or the insurance company has any doubts that the other driver is truly at fault, they might offer a smaller settlement or deny your claim altogether. Even if your claim is approved, you might only receive compensation up to the limits of the policy. In especially severe accidents with harsh injuries, a plaintiff’s injuries might easily exceed the other driver’s insurance policy limits.
File a Lawsuit
A lawsuit may require more time and effort, but plaintiffs can recover the full extent of their damages, including damages that might be beyond the terms and limits of the other driver’s insurance policy. Lawsuits are highly formal legal proceedings, and your evidence and claims must meet much higher legal standards to be considered in court.
Lawsuits often take longer than insurance claims, but the result might be worth the wait. For example, non-economic damages such as pain, suffering, humiliation, and other painful experiences may be recovered in a lawsuit, even though they are often not covered by insurance.
Our car accident attorneys can draft your formal complaint and file it with the correct court to start your lawsuit. This step is crucial in your lawsuit as it sets the tone for the rest of the case. While insurance claims are known for being tied up in bureaucratic red tape, lawsuits are mired in complex legal procedures that must be adhered to. Failure to abide by these rules and procedures may be detrimental to your case.
Who Pays for Damages in a Huntsville, AL Car Accident Case?
While car accident lawsuits are usually filed against another driver, or sometimes several drivers, these drivers are often not the ones paying. Instead, their insurance companies cover the damages.
The minimum auto insurance requirements in Alabama that all drivers must adhere to follow a 25/50/25 model. This means that the minimum level of acceptable auto insurance must cover at least $25,000 in bodily injuries per person, $50,000 in bodily injuries for the whole accident, and $25,000 in property damage for the whole accident.
If you are the only person injured in an accident, the insurance company must pay up to $25,000 of your damages related to bodily injuries and $25,000 for property damage. It is not unusual for severe accident cases to exceed insurance policy limits. At that point, we might have to look elsewhere for compensation.
When insurance runs out, or if there is no insurance, the defendant might be on the hook for your damages out of their own pocket. The fact that the defendant might have difficulty paying should not be used to diminish your damages. However, our car accident attorneys might be able to reach a settlement or payment arrangement with the defendant so that you receive compensation over time.
Evidence to Prove Fault in a Car Accident Case in Huntsville, AL
Proving fault requires evidence, and finding evidence is not always easy. In many cases, evidence might be hard to come by for various reasons outside your control. However, there are steps you can take to preserve important evidence for your case.
First, you should take as many photos and videos of the accident scene as possible. Taking pictures after a car accident is fairly common since many insurance companies want photos or other evidence of the crash. These photos may also be used as evidence in the courtroom and may reveal the truth about numerous aspects of the crash.
You should also get to a hospital immediately for treatment. First, getting immediate medical care is in the best interest of your health and wellness. Second, the sooner you get treatment, the more accurate your medical records will be. Your medical records may be used as evidence of your injuries, and we need these records to be as accurate and up-to-date as possible.
Finally, you should get the names and information of people nearby who saw the accident. Other drivers, passengers, and pedestrians may act as witnesses and testify about what they saw. If they saw how the defendant caused the accident, their testimony may be very impactful.
Call Our Huntsville, AL Car Accident Lawyers to Begin Your Case
Schedule a free assessment of your case with our car accident lawyers at Howe Law by calling (844) 876-4357.