Los Angeles Personal Injury Attorneys

Tuesday, October 5, 2010

Asserting an insurance claim for your car accident

The consequences of updating your Facebook status on your cellphone while driving can be a cut on your cheek or an amputated arm. Using the cellphone while driving has resulted in an ever increasing rate of road accidents, especially in California.

California law bans cellphone use while driving to lessen and prevent further catastrophic and fatal injuries. In fact, a number of celebrities have been injured in road accidents caused by sending twitter message or answering phone calls while driving.

Under the law, using a cellphone while driving is a traffic law violation which has its legal consequences. It is considered as a negligent act and can cause a driver to face:

1. Court penalties
2. Suspension of license
3. Lawsuit from the injured party
4. Hours of community service and other disciplinary measures

If you are injured in a motor vehicle accident, caused by an impaired driver; you may pursue claims or recovery to compensate for your injuries and losses. One way is to file an insurance claim. Here is a step by step guide in filing one:

1. If you are able, obtain information on the details on the accident. You may request a copy of police report. It contains the location, time, type of injuries, involved parties, and possible causes of accident.

2. Write a demand letter for the insurance company of the vehicle that has hit you. You can hire a Personal Injury lawyer (can be on a contingency basis) to help you write one. State the facts of the accident, the name of driver and owner, causation of events, type of your injuries sustained, the amount you need, and the deadline for them to answer the letter.

You may reiterate that their failure to respond and address your claim can compel you to file a formal lawsuit.

Before stating the damages that you want for your claim, cooperate with your lawyer in computing the medical expenses, loss income, and emotional loss as factors in getting the accurate settlement amount for your claim.

3. Set a meeting with the insurance representative of the defendant. If the insurance representative negotiates for a lower amount, assert the reasons why your computation is the reasonable amount for the claim. Be calm, strive to remain objective, and be firm when asserting the correct settlement amount.

4. If the insurance company, refuses to cooperate or give a fair settlement amount; you may file a Personal Injury lawsuit. It will allow you to bring the matter in court and prove the negligent act of the defendant, causing the accident; resulting to your injuries.

Consult with a Personal Injury lawyer in Los Angeles to help you go through the process of litigation.

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