![Any case may get damaged due to certain loopholes, but an auto accident case can steer out of hand. Mistakes That Can Ruin Your Auto Accident Case](images/Man-Driver-Vehicle-JeshootsCom-1000.jpg)
Auto accident cases are some of the most sensitive cases in the legal fraternity. Usually, any case is liable to get damaged due to certain loopholes, but an auto accident case can steer out of hand. Since insurance companies are involved in an auto accident case, therefore, these companies will look for any loophole in your case. If found, they can use it against you in the court of law, and thus, you may not be compensated accordingly. Even a single statement can turn the tables in an auto accident case. Making sure you have the right kind of insurance is important beforehand. This guide ansering the question Do i need collision insurance?
can help you understand these issues better. Therefore, these types of cases need attention, and one must be very careful at every step to avoid damage. Once you are well-versed with the loopholes and common mistakes that can ruin your auto accident case, it becomes less likely that you will lose your auto accident case.
Not Filing a Police Report
A police report is admissible in a court of law and is the backbone of an auto accident case. It is proof of the accident and the damages incurred to you. Therefore, one must file a police report immediately after the accident. Moreover, you should get a copy of the police report from the concerned police station. If you face any difficulty while getting the report, you can take your attorney on board, who can easily manage to arrange the provision of the police report. But it must be crystal clear that filing a police report as early as possible after the accident will make your case stronger and more pressing for you to get due compensation for the damages incurred. The police reports entail all the accident details and an initial investigation of the incident.
Some people often question what happens if someone else is driving my car and has an accident? Well, the procedure will remain the same. However, someone else will also be a part of court proceedings along with you since you are the owner of the car. The initial investigation in the police report ascertains the person who is at fault. Therefore, an initial police investigation report is vital to get the compensation of damages incurred. Most people make this mistake, realizing it when the case slips out of their hands. They do not get the police report in a timely manner, and their case becomes weak in the court of law. The result is that the people sometimes do not get compensation due to this mistake. Therefore, obtaining an initial police investigation report is pertinent. You can enlist the intervention of your attorney to get a copy of the police report if you are unable to get it yourself.
Not Getting Initial Medical Aid
Getting initial medical care is of paramount importance after an auto accident. It is not just crucial for your well-being but also very crucial for your auto accident case. If you delay your medical aid, it can be used against you in the court of law. The defense may try to imply that you were not injured at all, which is why you did not seek initial medical aid. Therefore, it is a major loophole while fighting an auto accident case to get compensation for the damages incurred. Furthermore, medical certification duly signed by a legal medical examiner must be obtained after getting initial medical aid. The medical certification is also a prerequisite for moving forward with the auto accident case. Many people who fail to get the initial medical report often suffer in the long run. They may realize it in the court when they are denied the compensation due for the damages incurred. Therefore, you must avoid this mistake and get a medical certificate as early as possible. You must also ensure that the medical certificate is signed and stamped by the legal medical examiner. No objections can be raised on its validity during the court proceedings.
Accepting an Out-of-Court Settlement
This is the type of mistake that people often make in haste. They avoid court proceedings and settle the terms and conditions with the other party involved in the accident out of the court. This may seem to be a viable option at the start, but it may close the doors of your legal option afterward. For instance, if the other party refuses to meet the settled terms and conditions, you will have then ultimately seek the court's help. But it will be used against your case that you tried to settle the matter without involving any legal member. Therefore, these types of auto accident cases are weak at the very start. It is advisable to follow the legal track and do every process by the book rather than settling the matters on your own and out of court proceedings. After the court proceedings, you will be the one without any compensation for the damages incurred. Hence, you must follow the due legal process without going out of line, as insurance companies can get immense benefits from this mistake.
Delay in Filing Lawsuit
Time is a fierce opponent in auto accident cases. Suppose you waste your time filing a lawsuit claiming compensation for the damages incurred. In that case, you will be doing a favor to the insurance company or the accused party in the auto accident case. The more you use delaying tactics in filing the case, the lesser the chances to win the legal battle. The time of filing the report can be used against you if you file the case very late. Normally, it is recommended to file a lawsuit for claiming damages within three months. After three months, your case will become weak, and your chances of getting fair compensation will fade away.
Therefore, hire a legal practitioner as soon as possible and move forward with your auto accident case. Your attorney can file the case on your behalf, but you need to ensure that the case is filed timely within three months after the auto accident. Filing the case as early as possible is the first step in the right direction, and it will be your first victory in the legal battle of getting compensation for the damages incurred by the auto accident.
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