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California’s “fault-based” car insurance system grants auto accident victims the right to file suit against the person directly responsible for their injuries if they wish to do so. It is far more common for car crash victims to primarily seek restitution from their own insurance provider or that of the at-fault party, especially if they only sustained vehicle damage and minor injuries as a result of the wreck.
In virtually every situation, dealing with insurance after an Anaheim car accident is something that you should strongly consider seeking help with from professional legal counsel. A knowledgeable auto collision attorney could play a crucial role in ensuring you follow applicable procedural rules, avoid making any mistakes that could reduce your claim’s chances of success, and demand the maximum amount of compensation available in your unique circumstances.
Perhaps the single most essential step to dealing effectively with a car insurance provider after an accident in Anaheim is making sure to write a comprehensive, accurate, and convincing demand letter. This “letter” is where a car crash victim will lay out the facts of their case, elaborate on exactly what happened and exactly what injuries they suffered due to someone else’s misconduct, and demand a specific amount of financial restitution for documented ensuing damages.
The demand letter drafting process generally begins after a crash victim has been released from inpatient medical care and has already opened a claim with the at-fault party’s insurance provider representing. Prior to starting, the claimant should also seek out and compile every bit of relevant evidence related to their wreck that they can find, including medical documentation of their injuries, treatment bills, the police incident report, witness statements, and notes about their condition after the wreck.
A good demand letter should establish a clear and evidence-supported causal relationship between the reckless or careless actions of the insurance company’s policyholder, the claimant’s injuries, and the damages for which they are seeking a specific dollar amount of restitution. Guidance from an experienced car accident attorney can be essential to completing this crucial step efficiently and effectively.
In most situations, a car crash victim’s right to recover compensation from an at-fault party’s insurance provider is limited by the monetary caps on the policy that at-fault individual holds with that company. If an injured person’s damages exceed what a single defendant’s insurance policy will cover, though, there are a few options for pursuing additional restitution.
The most straightforward possibility is filing suit against an at-fault individual personally and demanding compensation directly from them. However, this may not be any better if the defendant does not have enough money or assets to cover a plaintiff’s losses.
Another approach is to continue the same lawsuit or file a new one against another party involved in the wreck—for instance, a municipal authority who did not maintain a road properly, or another driver whose negligence made it harder for the plaintiff to avoid a collision. Finally, some defendants—particularly businesses and corporations—have “umbrella” insurance policies that could make additional compensation available if their vehicle accident insurance policy is not sufficient to cover a plaintiff’s damages. A qualified Anaheim attorney has dealt with auto insurance companies following collisions for many years and could help find possible defendants.
After an auto collision, you are focused on healing. If you have questions about dealing with insurance after an Anaheim car accident, you could get them answered during a private consultation with a seasoned car crash lawyer. Call today to schedule a meeting.
Benji Personal Injury – Accident Attorneys, A.P.C.
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