What You Need to Know About Fault in a West Virginia Car Accident
Every day, West Virginia car accidents take place and cause serious injuries to those involved. Immediately following a car accident, many people wonder how they can move forward with a West Virginia personal injury case to receive compensation for a wide variety of damages. However, to do this, you will have to determine who is at fault for the accident so that you can move forward and hold a responsible party liable for damages.
Today, we want to speak about many aspects concerning fault, such as what should be done at the scene of the accident that will impact your claim in the future, working with the insurance company, and what happens when you disagree with a determination of fault. You might be feeling fearful about your claim and how you will start working to receive reimbursement for the injuries you have faced, but luckily, help is on your side.
What You Should Do After a West Virginia Car Accident
To protect yourself at the scene of the accident and further your case from the very start before fault even becomes a consideration, there are some things that you should know. From the very start, for instance, you do not want to discuss who you believe to be at fault and, instead, put your trust in the hands of the police who arrive at the scene of the accident. You want to collect evidence exactly as it appears, such as receiving the contact information of those involved or those who have witnessed the accident, and take photographs of the accident scene.
Calling the police after an accident is one of the most essential steps that you can take to protect yourself. If there are excess damages or serious injuries present, you should always have the experienced help of police officers at the scene of your accident. Police will issue traffic citations if another party has acted in a negligent manner such as driving drunk or driving distracted. They will make a police report where they determine fault through their own eyes. Though this is not always the final word, it can be used as evidence to further your claim.
Insurance Companies and How They Determine Fault
Insurance companies will also attempt to determine fault under their own terms, which means bringing an investigation. They will take statements from all parties involved in the accident, view photographs and videos, and attempt to make a determination on who is liable for the accident. When the insurance company determines fault, you will find out if you will be eligible for damages based on these facts. It is important that you always have the help of an attorney to protect your rights at this time, as they understand your best interests.
If You Disagree with a Determination of Fault
You might disagree with a fault determination following your car accident. If the insurance company decides that you shared fault in the accident and you will not receive the damages that you initially expected, you have a right to disagree with this decision and a right to appeal. You might have evidence that you believe the insurance company did not review or perhaps you believe that your side of the story is not being told. Because of this, it is important to appeal the decision so that you can obtain the rights you deserve.
How Our West Virginia Car Accident Attorneys Can Help
Our attorneys at Katz, Kantor, Stonestreet & Buckner understand how difficult it can be to face the aftermath of a West Virginia car accident and the chaos it can cause in your life on physical and financial levels. Winning your case is extremely important to you and this is why we would like to help in the midst of your personal injury claim. Please contact us as soon as possible to find out how we can assist you at this time at 304-431-4050.