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What are the elements of a motor vehicle accident claim?

On Behalf of | Jul 16, 2021 | Car Accidents

Whether it involves the Colorado weather, the momentary lapse in judgment of a truck driver or a motorist who did not see you because they were on the phone, a motor vehicle accident can happen at any time. Picking up the pieces in the aftermath is challenging, but it is possible. How does an accident claim work?

Victim versus the at-fault driver’s insurance company

As the accident victim, you are on one side of the case. You may be facing health problems, financial worries, lack of transportation and a future that seems uncertain, and you are certainly entitled to legal representation. On the other side are the at-fault driver, their insurance company and the law firm that the company hires to protect its assets. The question is how much the insurance company should pay you.

Determining the elements of a car accident claim

It is possible to settle an accident claim out of court. In fact, this is the goal of almost any auto accident lawyer. Achieving this objective requires the ability to evaluate a claim’s worth. Doing so may involve:

  • Actual economic losses
  • Noneconomic losses
  • Current and future medical treatment costs
  • Expenses of adaptive technology and home alterations
  • Mental health treatment costs

Juxtaposing the insurance coverage with the costs of making you whole

In some cases, at-fault drivers have sufficient insurance coverage to pay for the damages resulting from the motor vehicle accidents they caused. However, there are also times when the damages exceed the payment limits of the policy. In this situation, an attorney will work with the company, you and the other driver on finding an acceptable way to settle your claim.

If you were recently the victim of a car accident, you could benefit from discussing your situation with an attorney before accepting an insurance company’s settlement. Deserving compensation and receiving it are two different things.

Attorney Chadwick P. McGrady at his desk