Life after being struck by a distracted driver can be extremely stressful. It becomes vital to learn about filing a claim properly so that your medical expenses and loss of income are accounted for. It makes it much easier if you learn all about it at an early stage.
What Is Distracted Driving?
Distracted driving refers to a situation where a driver’s focus shifts from the road, thereby causing accidents. Distracted drivers are usually engaged in texting, talking on a phone, eating, adjusting music on the radio, or using a GPS device.
Victims of distracted driving accidents have a right to seek compensation because they are always left with injuries, damage to the vehicle, and the frustration of dealing with insurance firms.
The process of making an accident claim following a distracted driving accident is more than merely reporting the accident. It is important to have legal consultation throughout the process. An accident lawyer will guide you through:
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Identify the Type of Claim
The process of making a claim begins with identifying which policy to make a claim on. In most instances, a third-party claim is filed against the at-fault party’s insurer by the party that is injured when they are driving.
In other cases, a first-party claim is used when state law dictates that a certain condition is met. Where the party that is distracted has insufficient coverage, an uninsured or underinsured motorist claim is used. The choice of which type of claim to make helps avoid delays.
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Notify the Insurance Company
After determining which insurer is to be contacted, your lawyer will make a report of the accident. The notice conveyed to the insurer includes the date, time, and location of the accident, as well as the names of the persons who were driving the cars.
It is necessary that you inform your lawyer of facts, as opinionated statements on what happened during the accident might impact the assessment of the accident.
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Provide Supporting Documentation
Once the claim has been lodged, the insurance company will ask for supporting evidence from your lawyer for your claim. This typically includes:
- A copy of the police accident report
- Pictures of car damage
- Pictures of your injuries
- Medical reports
- Repair estimates
Good record-keeping ensures that your claim is processed quickly by the insurance company, with fewer problems when assessing the amount of compensation.
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Prove Distracted Driving as Negligence
Your lawyer proving that the distraction by the other driver caused the accident is what will make your claim successful. Clear proof of distraction strengthens liability. Evidence to prove this includes:
- Phone records indicating cell phone use
- Witness statements of inattentive behavior
- Traffic camera footage or dashcam recordings
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Prepare and Submit a Demand Letter
The next step in the legal process is for you to agree with the lawyer on a formal demand package. The demand letter usually explains medical expenses and lost income due to property damage, as well as non-economic damages, such as pain and suffering.
Supporting documentation then accompanies these demands to ensure the reasonableness of the compensation requested. This forms the foundation of settlement negotiations.
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Negotiate With an Insurance Adjuster
Once the demand has been reviewed, the insurance adjuster will typically make a settlement offer. The initial offers are usually low and well below the actual value of the claim. Negotiation is a standard practice at this stage.
Your lawyer will present counteroffers supported by medical records, expert opinions, and financial documentation. Clear evidence of distracted driving greatly affects the negotiations in your favor.
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Escalate the Claim When Necessary
When negotiations fail, the lawyer will escalate the matter to a court trial by filing a formal dispute or starting a personal injury lawsuit. A lawsuit simply indicates that you are ready for full recovery and often will lead to more serious settlement talks.
Conclusion
The most important steps towards distracted driving claims include:
- Identify the correct insurance claim.
- Report the accident promptly and correctly.
- Submit comprehensive documentation.
- Prove distracted driving as negligence.
- Prepare a solid demand package.
- Negotiate, and if necessary, file a lawsuit.
