If you are in an accident that was not your fault, it’s still important to call your insurance company. Even though the other driver may be responsible, your insurance company needs to know about the incident in case you need to make a claim later. Some policies also require you to report any accidents, regardless of fault. Failing to report the accident can create complications if any issues arise later, such as when the at-fault driver is uninsured or underinsured.
An experienced Athens motor vehicle accident attorney in your area can take the necessary steps to file insurance claims on your behalf or, if necessary, litigate those claims through the court system to reach a resolution.
Most Common Injuries in Motor Vehicle Collisions
Motor vehicle crashes can lead to a wide range of injuries, depending on the severity of the accident. Some injuries may heal quickly, while others can result in long-term damage or even permanent disabilities. Here are some of the most common injuries that victims of motor vehicle crashes may suffer:
- Whiplash – Whiplash is one of the most frequent injuries in after car accidents, especially in rear-end collisions. It happens when the neck snaps forward and then quickly backward due to the impact. This rapid motion strains the muscles and ligaments in the neck, leading to pain, stiffness, and headaches. Whiplash can cause lasting discomfort and require physical therapy.
- Head Injuries – Car crashes can cause head injuries ranging from concussions to traumatic brain injuries (TBIs). Victims may hit their heads on the steering wheel, dashboard, or window, leading to a concussion. In more serious cases, a TBI can result in cognitive problems, memory loss, and even permanent brain damage. Immediate medical attention is crucial for head injuries to prevent further complications.
- Broken Bones – The force of a car crash can easily lead to broken bones, especially in the arms, legs, ribs, or collarbone. Some fractures heal with a cast, while others may require surgery to fix. Broken bones can result in significant pain, limited mobility, and long recovery times.
- Spinal Injuries – Spinal cord injuries are among the most serious injuries from motor vehicle crashes. These injuries can lead to partial or complete paralysis, depending on the location and extent of the damage. Even injuries to the spine, like herniated discs, can cause chronic pain and mobility issues.
- Internal Injuries – Internal injuries, such as damage to the liver, spleen, or lungs, can occur during a crash. These injuries are not always immediately visible, but they can be life-threatening if not treated quickly. Internal bleeding and organ damage require emergency medical care.
- Cuts and Bruises – Cuts and bruises are common in car accidents, often due to broken glass or loose objects in the vehicle. These injuries can be painful and may require stitches or other medical treatment.
How Do Motor Vehicle Accidents Usually Happen?
Accidents due to negligence are common on the road and can result in serious injuries or damage. When drivers fail to follow traffic laws or pay attention, they put others at risk. The following are some of the most common types of accidents that can result from driver negligence:
- Rear-end Collisions – One of the most frequent types of accidents resulting from negligence is rear-end collisions. These crashes occur when a driver is following too closely behind another vehicle and does not stop in time, which often happens because the driver is distracted, speeding, or not paying attention to the flow of traffic. Rear-end collisions can cause whiplash, head injuries, and damage to both vehicles.
- T-Bone Accidents – T-bone accidents happen when one vehicle crashes into the side of another, often at intersections. These accidents usually occur because a driver runs a red light or fails to stop at a stop sign. T-bone collisions are dangerous because the sides of cars offer less protection, increasing the risk of serious injuries like broken bones, internal injuries, or head trauma.
- Head-on Collisions – Head-on collisions are some of the most dangerous types of accidents and often result in severe injuries or fatalities. They happen when one driver crosses the centerline or drives the wrong way, crashing directly into an oncoming vehicle. Negligence, such as driving while distracted, impaired, or fatigued, is often to blame. Head-on collisions usually result in significant damage to both vehicles and serious injuries to the occupants.
- Sideswipe Accidents – Sideswipe accidents occur when two vehicles traveling next to each other make contact. This type of accident often happens when a driver drifts out of their lane or fails to check their blind spot before changing lanes. Negligence in these cases can include distracted driving, failing to signal, or not properly checking mirrors. Sideswipe accidents can lead to drivers losing control of their vehicles, causing serious crashes.
What Happens During an Uninsured or Underinsured Motorist Claim?
When you are involved in a car accident, and the at-fault driver either does not have insurance or lacks sufficient coverage, an uninsured motorist (UM) claim or an underinsured motorist (UIM) claim may come into play. Both types of claims are designed to protect you financially when the responsible driver can’t cover your damages.
Uninsured Motorist Claim
A UM claim arises when the at-fault driver in the accident has no auto insurance. In this case, you can file a UM claim with your own insurance company if you have uninsured motorist coverage. This type of coverage is designed to step in and pay for your medical bills, lost income, and other damages the accident caused.
To start a UM claim, you typically need to notify your insurance company following the accident and provide evidence that the other driver was uninsured. The process involves the same steps as a regular insurance claim, including gathering evidence such as police reports, medical records, and witness statements to support your case.
Once your insurance company reviews the evidence, they will assess the damages and negotiate a settlement with you. The settlement is meant to cover what the at-fault driver would have been responsible for had they been insured. The amount you can recover depends on the limits of your uninsured motorist coverage.
Underinsured Motorist Claim
A UIM claim comes into play when the at-fault driver has some insurance, but their policy limits are not high enough to cover the full extent of your damages. For example, if the driver’s liability coverage only covers $50,000, but your medical bills and other losses total $100,000, you would need to file a UIM claim to make up the difference.
When filing a UIM claim, your insurance company will first look at the at-fault driver’s insurance payout. If the payout does not fully cover your damages, your UIM coverage will step in to cover the remaining costs up to your policy limits.
As with a UM claim, you will need to provide your insurance company with evidence of your injuries, expenses, and the at-fault driver’s insufficient coverage. Once you have submitted the claim, your insurance company will assess the situation and negotiate a settlement for the remaining damages.
The Importance of UM and UIM Coverage
Uninsured and underinsured motorist coverage can be essential, as many drivers on the road either lack insurance or do not carry enough coverage to fully compensate for serious accidents. By having UM and UIM coverage, you can protect yourself from financial hardship if you are involved in a crash with an uninsured or underinsured driver.
How To Prove a Motor Vehicle Accident Claim Successfully
Proving the legal elements of a motor vehicle accident claim is essential to receive compensation for your injuries and damages. To succeed in a claim, you must establish four key elements: duty, breach of duty, causation, and damages. Evidence plays a crucial role in proving these elements and building a strong case.
- Duty of Care – Every driver on the road has a legal responsibility, or duty of care, to operate their vehicle in a safe and reasonable manner, which means following traffic laws, paying attention to the road, and avoiding actions that can harm others. Proving this element is usually straightforward as it is generally accepted that drivers owe this duty to others on the road.
- Breach of Duty – To prove that the other driver was negligent, you must show that they breached their duty of care. A breach occurs when a driver fails to act as a reasonable person would under similar circumstances, including speeding, running a red light, texting while driving, or driving under the influence of alcohol or drugs. To prove a breach of duty, evidence such as police reports, traffic citations, or witness testimony can be crucial.
- Causation – The next step is to prove that the other driver’s breach of duty directly caused the accident and your injuries. It is not enough to show that the driver was negligent — you must demonstrate that their actions were the primary reason for the accident. Accident reconstruction experts, witness statements, and video footage (if available) can help prove causation. Medical records linking your injuries to the accident are also essential.
- Damages – Finally, you must prove that the accident caused you actual damages, which can include medical expenses, lost income, property damage, and pain and suffering. Medical records, bills, and pay stubs can serve as evidence to show the financial effect of the accident. Photos of injuries, damaged vehicles, and expert testimony from doctors or accident experts can further strengthen your case.
Important Types of Evidence
The most important types of evidence in a motor vehicle accident claim include the following:
- Police Reports – Police reports provide an official account of the accident and often include information about fault.
- Witness Testimony – Statements from people who saw the accident can provide valuable third-party perspectives.
- Medical Records – These records help prove the extent of your injuries and link them to the accident.
- Photographs and Videos – Visual evidence of the accident scene, vehicle damage, and injuries can be compelling.
Recovering the Compensation You Need in a Motor Vehicle Accident Claim or Lawsuit
When you file a motor vehicle accident claim or lawsuit, you may be eligible to receive various types of recovery for your losses. Understanding these damages is essential for comprehending what compensation you can pursue. The three main categories of damages are economic damages, non-economic damages, and punitive damages.
Economic Damages
Economic damages refer to the tangible financial losses you incur as a result of the accident. These damages are often easier to quantify because they involve specific costs associated with the accident. Common examples include:
- Medical Expenses – These expenses include the costs of hospital stays, surgeries, medications, rehabilitation, and any ongoing medical care needed due to your injuries.
- Lost income – If your injuries prevent you from working, you can claim the income you would have earned during your recovery period, including any future loss of earning capacity if your injuries result in long-term disability.
- Property Damage – You may recover the cost of repairing or replacing your vehicle and any other personal property damaged in the accident.
- Out-of-pocket Expenses – These expenses encompass any other costs directly related to the accident, such as transportation expenses for medical appointments or hiring help for household tasks during recovery.
Non-economic Damages
Non-economic damages are more subjective and compensate for the intangible losses you experience due to the accident. These damages can vary widely from person to person and may include:
- Pain and Suffering – These damages account for the physical pain and discomfort you endure as a result of your injuries.
- Emotional Distress – Many accident victims suffer from anxiety, depression, or post-traumatic stress disorder (PTSD) following a traumatic event. Compensation for emotional distress recognizes these psychological repercussions.
- Loss of Enjoyment of Life – If your injuries prevent you from participating in activities you once enjoyed, you may be entitled to damages for the loss of enjoyment of life.
- Loss of Consortium – In some cases, a spouse may claim damages for the loss of companionship, affection, and intimacy due to the injuries their partner sustained.
Punitive Damages
Punitive damages are awarded in cases of particularly egregious conduct or gross negligence. Unlike economic and non-economic damages, which compensate victims for their losses, punitive damages aim to punish the at-fault party and deter similar behavior in the future. These damages are not awarded in every case and are typically reserved for situations involving reckless or intentional misconduct, such as driving under the influence of alcohol or road rage incidents.
Contact an Experienced Motor Vehicle Accident Lawyer Right Away
If you recently suffered injuries in a motor vehicle crash, you need a knowledgeable legal team on your side as soon as possible. Athens personal injury attorneys can handle all communications with insurance company representatives and aggressively negotiate on your behalf. They can also pursue litigation in the court system if necessary and work to maximize the compensation you recover for your accident-related losses.