If you are in a car accident you have to prove any damages you have claimed in order to get the compensation owed to you for any damages in the accident. It is a common concern accident victims have as it can be tricky to accomplish. There are several things to keep in mind to successfully prove your damages.
California is Not a No-Fault Car Accident Insurance State
In California, you must prove fault in order to prove your damages in a car accident. California is not a no-fault state and so tort law is used to determine responsibility for a car accident. Car accidents are most often the result of a driver’s negligence. Negligence is when someone does not act with due care and common sense. They violate their duty to be safe to other drivers on the road. Violation of that duty resulted in the injury of another person on the road. The injury could be personal or that of property.
Medical Records and Police Reports Can Prove Damages
Police and insurance agents issue reports, which are expected to be unbiased, that fully detail the incidents of the accident and determine who is at fault. These reports have information regarding property damage, personal injury and details such as the debris left on the road. Police use this information along with witness statements to form an opinion on negligence during the accident. Insurance companies review police reports and medical records pertaining to the accident, pictures of the accident scene, and witness statements to determine negligence.
Important Facts to Consider When Attempting to Prove Damages
Unfortunately, insurance agents are not looking out for your best interest. They need to pay you as little money as possible to stay in business. Some will often try to deliberately mislead accident victims into taking less than they should. It is always best to talk to more than one attorney before going forward with any agreement with an insurance company.