Filing an auto accident claim is the first step in getting compensation after an accident. The at-fault driver’s insurance company is the one to settle your claim. There are, however, various steps before getting your compensation.
One of the crucial steps in your compensation process is proving the other driver’s fault. This is a legal minefield best handled by an auto injury attorney. Halepaskalaw.com lists the legal elements of fault you have to prove for a successful auto accident claim.
Duty of Care
For the other driver to be proved at fault for your accident, they must owe you a duty of care. This might not be so hard to prove since every driver should drive rationally and obey all traffic rules. This ensures the safety of other road users and failure to do this puts them at risk.
Breach of Duty
You should also prove that the other driver acted in a manner which breached their duty of care for other road users and caused an accident. This legal element compares the driver’s behavior against that of an average driver in similar circumstances. The at-fault driver should have acted negligently compared to an average driver faced with a similar situation.
It must be proven that the at-fault driver’s actions or lack of them caused the damages to your car and your injuries. This is usually the hardest element of fault to prove in a car accident. You need proof that none of your injuries or car damages existed before the accident. You might need medical records, police records, photos and witnesses to verify these details.
The final element of fault in a car accident claim is damage. You must be in a position to prove medical costs and lost earnings as well as the extent of damage to your car. Under this element, your actions before and after the accident will be compared to assess your fair compensation amount.