Pursuing a Claim if the Property Damage is Minor
One of the greatest challenges in pursuing insurance claims for accidents is understanding the right procedure and your rights as a claimant or plaintiff. The process of lodging a vehicle accident claim can be tasking and sometimes less rewarding. This is especially common in cases of minor accidents in states, which primarily rely on standard fault-based liability system. The system calls for the transfer of liability to the negligent party with the greatest fault in causing the accident. Without understanding these dynamics of pursuing a claim and lack of proper professional legal advice, an accident victim may find themselves losing money in a case where they filed for a claim especially if it proceeds to the courts. It is also imperative to understand that insurance companies are always armed with the legal arsenal to ensure that they win such cases.
Is it Possible to Make an Accident Claim in Case of a Minor Property Damage?
Accidents cause more than physical injuries. They also cause psychological injuries. Moreover, victims are usually forced to spent significant amount of time recovering from their injuries. All these have significant monetary implications for the victim and in some cases, their employers. While making claims for serious accidents is relatively straightforward, accidents involving injuries but minor property damage require additional burden of proof. The fundamental question that most victims of car accidents involving injuries and minor car damage is: is it possible pursue a claim? While there might not be a straightforward answer to the question, car owners and users can take solace in the knowledge that an extensive car wreck is not the gold standard for measuring injuries from a car accident.
In some few states such as Florida, a car accident with minimal property damage and even minimal injury warrants a claim from the insurance company. While you might be compelled to prove how it was possible to get injured with so little damage to the car, take heart in the knowledge that you can prove that you were in perfect health before the seemingly minimal car accident. However, the no-fault insurance system used in such states as Florida has lowered the burden of proof in such cases. The system allows victims of all car accidents to seek for personal injury protection (P.I.P) benefits even if they were at fault in causing the accident.
The P.I.P benefits include medical expenses, and pain and suffering. Additionally, victims of such accidents can also claim lost wages accrued over the period of recovery from the psychological and physical injuries caused by the accident and while hassling down the corridors of justice or liaising with the insurance company. Compensation for pain and suffering covers a wide area and may include physical injuries, loss of companion or enjoyment and general inconveniences caused by the accident. They also include disfigurement, mental anguish and post-traumatic stress disorder among others.
For those residing in states using the fault-based liability system, a lawyer is highly recommended to help you wade through the murky waters of making an insurance claim. This is because you will be put to task to prove that you were not at fault for the minor car wreck. These states demand that individuals who caused the accident be held accountable and hence are liable to pay all the insurance claims especially through their insurance company. And this is where a qualified lawyer with specialization in insurance claims and P.I.P comes in handy. They will help you determine who was at fault in causing the accident and make a follow up with the right parties including your insurance company.
The fundamental question as to whether it is possible to pursue claims in case of a car accident involving minor damages has both complex and simple answer depending on your state. For states using the no fault-based liability system, it is possible to claim for P.I.P benefits even if you had a hand in causing the accident. The benefits are very comprehensive. However, states that use fault-based liability system use a significantly system. Therefore, it is advisable to make a personal evaluation to determine whether the benefits will be worth the hassle.