After a Car Accident: How to Protect Yourself Legally

Dan Zohar
3 min readOct 26, 2021

--

Nobody expects to be in a car accident on the way to or from Tampa. Surprisingly, one study found that most car accidents occur during the day in good weather. The aftermath of a car collision is essential. That which a car accident victim does next may determine whether or not they receive compensation for their injuries. After a car accident, pull over to the side of the road. If the other driver flees the scene, the victim has limited recourse. Ensure no one is hurt. Injuries to the driver or passengers should be documented.

Call the Police Department. They must appear to make a police report. The report’s important information about the collision helps a driver protect their legal rights when filing a claim. If the driver is still on the scene, both parties must exchange contacts and insurance information. You’ll need the defendant’s name, phone number, and insurance information to identify them. It’s also critical to obtain the names and numbers of any witnesses. They’ll be useful if you sue the at-fault driver. They may, for example, help, win or settle a disagreement. Take photographs of the accident scene and any injuries. These photos will help determine culpability in a car collision. Also, if you can’t take photos immediately, try to do so as soon as possible.

Within 24 hours after the collision, contact your auto insurance provider. Inform them of the following:

§ When and where did the automobile accident occur?

§ The individuals involved

§ If there was a police report made,

§ Any injuries sustained in a vehicle accident

§ Don’t provide the vehicle insurance company any more information. If the claim must be addressed in court, everything said can be used against the driver.

Is it necessary for me to file a lawsuit after my automobile accident claim?

Trials Result from Ambiguity

There are several instances where a trial is required. This occurs most frequently when crucial parts of the case are unclear and both parties cannot agree. Perhaps both parties can’t agree on whom to blame for the accident. Perhaps a pre-existing ailment worsened, which is more difficult to diagnose than a fresh injury. When there is this much dispute over the facts of the case, it is far more likely that the case will proceed to trial since the values that each party assigns to the claim will be very different.

Comparative Fault Understanding

Here’s a crucial question to ask if you’re having a debate regarding who’s to blame. How much is the defendant’s fault? Tampa is a state that operates on the basis of comparative negligence. That is, if the plaintiff is less than 50% at blame for the accident, they can still obtain damages, but the amount will be reduced according to their responsibility. If a jury determines that the defendant is 75% at blame, he must pay 75% of the damages. This implies that if you can show a jury that the other party was more at blame for the accident than you were, it may still be worth going to trial, especially if the insurance company’s settlement offer is exceedingly low. But, of course, the point isn’t how much you think the other side is at fault; it’s how a jury would assess fault given the evidence.

The ultimate choice to go to trial is based on weighing the costs of the trial against the possible benefits. When making this assessment, there are many complicated considerations at play, and you should not make this choice without contacting an experienced legal practitioner.

--

--

Dan Zohar
Dan Zohar

No responses yet