However, obtaining fair compensation in a road accident is not easy. Only a lawyer specializing in traffic law can assist you throughout this procedure.
The lawyer is searching for evidence for your traffic accident
Expertise on your side with Stracci Law Group
Based on the elements of the file, the lawyer such indiana expungement attorney for example will be able to decide on the orientation to give to your case.
Gather the elements of the accident
The lawyer specializing in traffic law will seek the best strategy for his client whether you are responsible for the accident, co-responsible or simple victim. In addition to the elements collected at the accident scene, the lawyer goes through the documents at his disposal.
To determine the follow-up to be given to your case, the lawyer must:
- Assess your possible liability in the accident
- To carry out an analysis of your insurance contracts and your coverage
- To read the police reports and any testimonies
- To consult the first medical elements
At this stage, it is simply a question of using the first elements to determine if your responsibility will be called into question, whether it is preferable to seek the amicable or contentious route, and whether you can recover damages. Thanks to his experience, the specialist lawyer will help you choose the best strategy.
Determine The Best Strategy
After an accident, the reflex is often to turn to insurance. Unfortunately, insurance organizations do not represent your interests. An insurance specialist lawyer is the only interlocutor to defend your interests and protect you against insurers. Based on the elements of your file and his experience, he weighs the pros and cons for the follow-up to be given to your case. The possible strategies are as numerous as the accidents. However, some major strategic lines stand out:
- Amicable procedure or litigation procedure
- Contestation of your responsibility in the accident
- Claim for damages for prejudice
- Opportunity to negotiate with insurance
- Expertise (on the scene of the accident, medical expertise, of the vehicle, etc.)
The lawyer facing insurance
In the event of an accident, you must inform your insurer within 5 working days with a copy of the accident report. Then, the insurance evaluates the file before offering you compensation.
Intervene in the face of compensation proposals that are too low
In the event of a road accident, your insurance must offer you a compensation offer. It must send this offer within three months of the accident declaration.
Often, insurers negotiate between themselves, then contact you to offer compensation. Indeed, insurance companies often have agreements providing for the rules of compensation to which you do not have access.
The compensation proposal may be greatly undervalued if the person responsible for the accident and the victim have the same insurance. Finally, even if you are not responsible, the compensation proposal is often undervalued on several levels (argus, for example). Your lawyer can intervene directly with the insurance to refuse the first proposal for compensation. He may request a reassessment of the price of the vehicle, a revaluation of the compensation offer, or even a new negotiation of your insurance contract.
Initiate Litigation Proceedings Against Insurance Companies
If the negotiations with the insurance companies fail, the lawyer can challenge the compensation proposal in court. In 90% of litigation cases, road accident victims obtain a significantly higher compensation than the insurance proposal. Court proceedings are essential for major accidents. It is also often very useful, even for small accidents. Insurance companies have implemented undervalued compensation procedures. In particular for small accidents, which constitute a significant financial gain for these organizations, to the insured’s detriment.