If you have been involved in a car accident, then you are probably looking to get immediate medical help. But how will you find the answer to the car accident personal injury claim against me after the accident that can come as a surprise to you? First of all, don’t panic. If a personal injury car accident claim has been filed against you, then the first thing you should consider is to contact your insurance company that will handle the injury claim in your defense.
How will you discover that you are being accused?
The person who is accused of any car injury claim is usually informed through a summon or writ. It is a paper document that gives you the deadline of 21 days, in which you have to inform the court what next step you are going to take after receiving the legal document. These 21 days are actually for you to determine whether to admit the claim and bear the cost or deny it and defend yourself.
You’re being accused – whom to inform first?
You have received the writ after a car accident, the first thing you will do is inform your insurance company and tell them about the injury claim and send them copies of every document you receive from the court. According to the Road Traffic Act, it is necessary to inform the insurer about the claim that arose after a collision, thus your insurer may know already about your claim proceedings.
Now, it’s your insurer’s responsibility to take on the case beyond this point. You won’t need any lawyer or attorney to hire for a car accident personal injury claim against me answers or think to defend the claim by yourself. However, it is required to cooperate with the lawyers provided by your insurer for your claim as the case proceeds.
Most of the time insurance companies start negotiating with the plaintiffs about the claim before you inform them about the claim. Other parties may have filed the case against you to move the settlement process faster, if they think the insurance company is responding slower.
Do i need to go for hearings?
For the most part, it’s improbable that you will have to visit court. If you are the driver who was at fault, then your insurance company will do the rest for you to settle the claim, or if you were not the driver at-fault, then they will defend you for the damage and injuries by providing proof (that they must have gathered for the proceedings). In short, there will be no need to go to the court for any hearing or settlement process.
In cases, where your insurance company may find out that the other party’s vehicle wasn’t that much damaged as it was described or claimed for; in simpler words, if your insurer thinks that the other driver is misinterpreting about the loss to have more compensation money, then your insurer will hire third parties to inquire about the statements, investigate the surroundings where the accident happened, and also look for the damages done to the vehicles.
Despite thrashing out each other and proving every claim in the court by both of the insurance companies on behalf of both the parties, you will be notified by your insurance company, if your case has been settled or not. So, you don’t have to worry to find within yourself, that what should I do if I get a car accident personal injury claim against me. Your insurance company will take care of the process.
What if the claim has not settled?
It happens rarely that you have to visit the court, but it is a possibility that may arise in case the insurance company failed to settle the car accident claim against you. Even if you are responsible for the accident, your insurer will and should cover the claimed value after the settlements.
Complications take place where you do not have the auto insurance coverage, then you must have to consult a solicitor personally and discuss your options and case thoroughly.
Have insurance, but don’t want to use it
First and foremost, it will be a senseless decision if you have the auto insurance coverage and you do not want to use it. But in case you have decided not to use your insurance coverage against the claim, you must take legal advice and consider the options and consequences your car injury lawyer explains to you.
If you cannot afford the compensation
If you cannot afford the compensation amount, or you do not have any property or assets that would be seized against the compensation, then there are two options that you can go for:
- Write to the insurance company of the other party (if insured) and explain your financial situations, also inform them if the matter continues to the court then they will not obtain any compensation from your side.
- You can also consider voluntary bankruptcy, but essentially after taking legal help, as it has several negative impacts.
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