All You Need to Know about Multiple Claims from One Accident

All You Need to Know about Multiple Claims from One Accident

Each and every type of vehicle accident is unique and the individual insured in the accident will have different challenges to overcome after the incident. There could be someone who has suffered a major injury and there could be someone who might have gone through emotional trauma. The after effect of an accident cannot be assumed and a personal injury attorney can help the client in receiving maximum compensation from the insurance company. There is no general summary of insurance claim or coverage which can be applied to every accident, hence, the lawyer will have to treat every accident in a different and unique manner. It is also important to understand that there could be multiple claims from one single accident.

Not many are aware of this and they cannot maximize their compensation unless they understand that they can make more than one claim for an accident. According to Jeffrey Preszler from www.preszlerlaw.com, multiple legal claims from the same accident may be pursued with separate legal action and will require their own discovery cases. Here are the different types of claims that can be applied to a particular accident.

Types to consider for multiple claims for one accident

Property Damage

In case of an accident, any damage to the property will be handled under the liability part of the driver at fault. It will come under the driver’s insurance policy and if the claim is handled in the right manner, the driver’s insurance company will have to pay for the repair of the vehicle and will also have to issue a check to compensate for the cost of the car if it ends up in a total loss. Any damage to the vehicle of the driver at fault will be handled under the collision part of the policy. Collision coverage is coverage which will carry a deductible that the driver at fault will be required to pay before the insurance company covers the balance of the cost of their repairs. In case a driver does not purchase this particular coverage and is found responsible for an accident, then the insurance company will not be responsible for the payment of the cost of repairs.

Bodily Injury

In case of a bodily injury, the claim will seek to recover the cost of medical expenses, suffering, loss of wages and inconvenience caused due to the accident. This can be handled under the driver at fault liability insurance coverage. Any inconvenience and expense caused due to the collision will be covered under this clause. The limit of the driver at fault insurance coverage will govern the maximum amount that the insurance company is required to pay to the person injured. If the driver does not have insurance, the claim will be handled under the uninsured motorist coverage. Even if the people were not at fault in causing the collision and if there is no liability insurance that is covering them, the insurance company will have to step into the shoes of the one at fault and will have to pay for the damages that are caused due to the accident.

In case of a situation where the uninsured motorist coverage is larger than the liability coverage of the driver at fault, and if the damages exceed the limit of the coverage, the injured individual can make a claim under their own policy for the difference amount. It is known as an underinsured motorist claim and based on the facts of the case, there can be more than a single policy which provides the coverage to the injured person.

Medical expenses

Also known as Med pay, medical expense benefits coverage is an optional cover and it pays for the medical expenses which are incurred in case of the injured person. However, there are limits to the policy and the claim can be made in addition to the injury claim which is made under the liability or under the uninsured motorist coverage. This is a claim which will help the insurer recover their payments from the liability claim of an individual. It is also known as the collateral source of recovery because it provides an additional source of compensation for the medical expenses which are incurred due to a collision.

Worker’s compensation

In case of an injury caused to a person by a third party during their course or scope of the employment, they will remain eligible for a claim under the employer’s worker compensation insurance. In case the individual receives the compensation coverage as well as a payment from the liability insurance carrier, the compensation carrier will be liable to recover the amount of money paid to the injured individual minus the allowance for the fees of the lawyer.

Every claim will have a different timeframe within which it should be raised. A claim for personal injury has a two-year statute in terms of limitations and a claim for property damage will have a five-year statute of limitations. If you have been a victim of an accident or a collision, it is important for you to understand that there is not one single claim which should be filed for. There are multiple claims which can help you get a higher coverage and maximum compensation. If you find it confusing, you can seek the help of a lawyer who will ensure that you get the best coverage. They will consider the facts and circumstances of the case and will look for evidence to help you benefit from the same. They have the knowledge of the legal procedure and will ensure you get a full recovery at the earliest.

Remember that it is important to remain honest with the lawyer and to provide all the details about the insurance coverage you have. The lawyer will ask for details with regard to the vehicle and the accident and you need to cooperate with them and share all the information that you have. Hiring a lawyer in case of a personal injury case can help you receive higher compensation.

Category : Article | Legal issue

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