There are 3 major issues that arise, following any traffic accident. Those issues address the question of fault, the need for proof, and the role of the drivers’ insurance.
How does the insurance company determine who was at fault?
In an effort to decide who was at fault, the insurance adjuster checks to see who was more careless; who failed to follow the rules of the road?
The same adjuster would study the evidence, in an effort to determine whether or not the allegedly responsible party had demonstrated all 4 elements of negligence.
How could an accident victim produce proof of a claim that had been made?
• Take notes as soon as possible, after returning home from the scene of the accident
• Obtain all the necessary contact information, while remaining at the accident site
• Call the police, so that officers arrive on scene, and gather useful information
• Take some photographs
• Keep a journal of the times when the victim’s pain was sharp and noticeable; record the intensity and length of each painful sensation.
In what sorts of accidents could the issue of insurance introduce challenging problems?
That could be the case if a car or truck were to collide with a vehicle that had both an Uber or Lyft driver and a passenger. In such a situation, it would be necessary to discover the nature of the coverage enjoyed by the Uber or Lyft driver.
If a driver were to collide with a rented scooter, or a rented vehicle, then that could introduce specific questions, regarding the insurance for the scooter or the rented vehicle.
If a driver were to be hit by an uninsured motorist or an underinsured motorist, then that could cause the introduction of challenges, with respect to the driver’s compensation. That would certainly be true if the hit driver had failed to purchase the uninsured driver’s option or the underinsured driver’s option.
Of course, it is possible that the accident had taken place in a no-fault state. In that case, the hit driver could not seek any money from the responsible driver, unless the accident had caused the same driver, or a passenger in that same driver’s vehicle, to suffer a severe, possibly a catastrophic injury. In that case, the hit driver would have the right to file a personal injury lawsuit with the assistance of Personal Injury Lawyer in Rock Island against the motorist that had caused the accident.
If the responsible driver was not the owner of the insured vehicle that he or she was driving, at the time of a collision, then the insurance company would check to see if that same driver had been named in the policyholder’s policy. The absence of that name would mean a refusal to cover the losses.