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Misconceptions About Car Accident Claims: These Could Be Extremely Misleading

Misconceptions About Car Accident Claims

The last thing someone needs after getting injured in a car accident is to be misled via misinformation or half-facts. Go through the following as we highlight some of the most common misconceptions that often end up hindering the personal injury claim process for the claimant.

State Laws are More or Less the Same for Personal Injury Claims in Car Accidents

Misconceptions About Car Accident Claims

This is a common misconception, which is understandable, since there are indeed a lot of similarities in how car accident personal injury claims are governed in the country. However, due to the federal system we have here in the US, state laws in relation to such claims can and often do differ from state to state.

Unless one is well aware of the car accident claim statutes which are directive in the specific state, there is a chance that the plaintiff will end up making crucial mistakes in the filing process itself.

Let’s take Indiana’s “At-Fault” rule for settling car accident claims as an example. This means that the injured party or survivor can seek compensation from the at-fault party’s insurance provider. In states where the “No-Fault” system is followed, all drivers must carry Personal Injury Protection (PIP) insurance, and can therefore only seek compensation from their own PIP insurance provider.

Car Accident Claim Deadlines are Universal in the United States

There are a number of states, such as Indianapolis, California and Georgia to name a few, which have adopted the two-year deadline rule. What this means is that all claims in relation to personal injuries caused by car accidents within the state’s jurisdictions must be filed within the two-year period, or the case will not even be considered as valid in the court of law.

That being said, Florida has set the deadline for the same at four years, Massachusetts at three years, and Missouri at five years! These are just a few of the many other states which have different deadlines and requirements for car accident claims.

Calculating Your “Fault Percentage” is Not Important Right Away

States such as Indianapolis, which follow the Comparative Fault Dictates to determine the “fault percentage” which can be assigned to the defendant, as well as the claimant, make things a lot more complicated than most car accident victims realize initially.

The truth is that, as soon as you are ready to file a personal injury claim against the party at-fault, you should be consulting an Indianapolis personal injury attorney with sufficient experience and a significant success rate in settling car accident claims. Given that the initial review is generally free, take advantage of that and get to know how much of the fault is likely to be assigned to the plaintiff.

If it’s more than 50%, the judge will dismiss the case and no compensations will be awarded. Even if you have a case that you think is likely to go in your favor, without the help of a specialized car accident attorney in personal injury claims, the opposition’s attorney will likely assign more fault to you than should be just.

On a final note, it should also be noted that although the state government is not above the law, there are special rules if you want to sue the state or the city, which are completely different from the ones governing general car accident claims between citizens.

There could be other misconceptions that may have not been included here, but a consultation with a personal injury attorney should clear any remaining doubts that you may have.

About the author

John Paul

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