How to State a Claim for Injuries in a Motor Vehicle Accident
Vehicle accident claims are subject to three requirements. First, an injured claimant must prove that an adverse party breached a legal duty. Second, the claimant must prove damages recognized by law. Third, the claimant must show that the breech of duty was a direct producing cause of damages sustained. An adverse party who disputes a claim typically disagrees with any one or all three requirements. Documentation of each requirement is essential to state a meritorious claim and evaluate the potential for an agreed settlement.
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Things You'll Need
- Notice letter
- Accident report
- Witness statements
- Vehicle repair receipts
- Medical receipts
- Medical records
- Doctor's narrative Opinion
- Lost wage statement
- Demand letter
Instructions
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Initiate claims in writing with a Notice Letter. Provide a letter to the adverse party or their insurance company that includes the date of the accident, location and all parties involved. All parties potentially at fault should also notify their insurance companies in writing within two weeks after an accident.
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Investigate the accident. Request all credible witnesses to sign a statement describing how the accident occurred. If available, also obtain copies of all police reports.
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Evaluate fault. To prove a breech of a duty, an injured claimant may use traffic violations and official accident reports. Absent an investigating officer's assessment of fault in a vehicle accident report, claimants may rely on witness statements and their own testimony.
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Document vehicle damage. Obtain receipts for the total cost of repairs performed on the claimant's vehicle. If receipts are not available, request a professional estimate.
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Document medical expenses. Request copies of all receipts for medical treatment related to the accident, including ambulance service, emergency care, hospital treatment, all treatment provided by physicians, physical therapy sessions and prescriptions.
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Document injuries. Request copies of all medical reports and records related to the accident.
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Doctor's narrative opinion. An injured claimant should request a letter from their primary treating physician that describes the accident, explains injuries, assesses potential permanent disability and concludes that all injuries resulted from the vehicle accident.
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Document lost wages. Claimants should obtain a letter from their employer stating the total amount of wages lost following the accident. Self-employed claimants may use personal financial records.
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Evaluate claim value. The value of each claim depends on the quality of admissible evidence and the credibility of each party involved. Prior involvement in similar claims, attorney ability and local historical settlement values also affect claim value.
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Demand letter. Once an injured claimant reaches maximum medical improvement, submit all documentation to the adverse party or their insurance adjuster. Demand letters should state the total amount necessary to settle.
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Tips & Warnings
Claimants should expect pressure to settle vehicle accident claims quickly, before reaching a point of maximum medical improvement. Quick settlements are dangerous if the extent of all damages remains unknown. If permanent disability resulted from the accident, include estimates of future medical expenses and future lost wages. All claims are subject to a statute of limitations. If not settled within the limitation period, filing a lawsuit is necessary to preserve the claim.
