Anyone involved in an accident through no fault of their own can request full claims settlement from the opposing motor vehicle liability insurance company. Hiring a car accident lawyer can also be helpful in such a scenario.
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In very few cases, the opposing insurance company does not pay at all after an accident. Most of the time, individual damage items and the amount of damage are disputed. Here is an overview of the most critical points of claims settlement after an accident.
How Is Damage Settled After an Accident?
It is important to exchange contact details at the scene of the accident in order to settle the claim. Then it comes down to the preservation of evidence: Take photos of the scene of the accident. Make a note of the name, address, and telephone number of all people who observed the accident!
Obtain the data of the opposing liability insurance company for a claim settlement. This will be your opponent when asserting claims for damages. The accident should then be reported to your own motor vehicle liability insurance. Most insurance companies give you a week for this. This also applies to reporting the accident to fully comprehensive insurance if the accident is self-inflicted.
For a successful claim settlement, the damage must be quantified. It is possible to settle claims based on a cost estimate or settle claims based on an expert opinion. Your lawyer will contact the opposing liability insurance company and enforce your claims for damages. In the event of an accident through no fault of your own, the opposing insurance company must pay the lawyer. Do not go into claims settlement offers by the insurance company yourself, where you will be provided with an expert or the workshop.
What Does the Insurance Company Pay in the Event of an Accident?
Repair costs can be claimed for the damaged vehicle. In the event of a total loss of the car, the acquisition costs for an equivalent vehicle will be reimbursed. There can also be other damage items: These include, among other things, compensation for pain and suffering, lawyer and expert fees, loss of use, and reimbursement of the mercantile depreciation.
Often individual damage items are refused or reduced by the insurance company. It is therefore advisable to hire a lawyer to enforce your own interests immediately after an accident. The attorney’s fee must be borne by the opposing insurance company in the event of an accident caused by third parties. Legal protection insurance is helpful in the event of a dispute in court.
Who Pays in the Event of a Rear-End Collision?
A rear-end collision is the classic case in which the rear-end collision is to blame. The driver’s insurance has to pay for the entire accident damage. The case law speaks of the so-called prima facie evidence. This means that it is suspected that the opponent did not keep the necessary safety distance or was inattentive. The opponent would now have to prove the opposite, which usually does not succeed.
Claims Settlement Based on a Cost Estimate or Expert Opinion?
A cost estimate is cheaper than an expert report and is useful with additional photos of the damage to quantify minor damage. The expert report is more informative. The advantage over the cost estimate is a more precise and detailed damage figure. An expert opinion is always recommended when it comes to more than minor damage.
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