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Car Accident Liability

My Car Accident Insurance Claim Was Denied

This is another in our series on car accident claims. So many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help. Most insurance companies only make money when they can take payments on customer policies and don't have to make payments on customer claims. And the less scrupulous insurance companies will find any reason not to pay claims. So it's not all that surprising if your car accident insurance claim was denied. What may be surprising to some, however, is that the denial doesn't mean you're out of options. Here's what you can do if your car insurance company has denied your accident claim. Additional Insurance Claims If you're involved in a multi-car accident and your insurance company denies your claim, you could file a claim with the other driver's insurance company. The law requires every driver to have automobile insurance, and most policies cover damage to another person, their property, or vehicle. If another driver was at fault in your accident, you may be able to recover from his or her insurance company. Make sure to always exchange insurance information after an accident, and you can use police reports and your own evidence to prove who was responsible for the accident. Additional Legal Claims Insurance companies aren't your only source of compensation for vehicle damage or injuries -- you can also file a lawsuit. And you have options when it comes to suing for your injuries. If the accident wasn't serious, you could file a suit in small claims court. Generally, small claims courts only hear cases involving damages of $5,000 or less, although that cap can vary by state. And some small claims courts may request the parties attend mediation rather than litigate the issue. For more severe car accidents, you may have to file a personal injury lawsuit in civil court. You may be able to recover more in damages in civil court, and you may be able to sue more parties as well. If another driver was negligent and caused the accident, you can sue the driver, and possibly their insurance company. Additionally, you could sue your car insurance company as well, if you believe they denied your claim in bad faith. Car accident lawsuits can be complicated, so you'll want someone with knowledge and experience on your side. If you've been injured in a car accident and your insurance company denied your claim, contact a personal injury attorney in your area to discuss your case. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) After an Accident: Insurance Claim or Lawsuit? (FindLaw's Injured) When Insurance Isn't Enough: Car Accident Lawsuits (FindLaw's Injured) Coverage for Car Accidents With Uninsured Motorists (FindLaw's Injured)
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Santa Claus Sideswiped My Car! Accidents With Delivery Vehicles

It’s not easy delivering toys to children worldwide in a single night. So maybe Santa’s sleigh rolled a stop sign trying to save some time, and caught your car right on the rear fender. Did he stay long enough to give his insurance information? And since Santa was driving a delivery vehicle for work, how does that affect your injury claim? Here’s what you need to know if Kris Kringle crumpled your bumper: Frozen First Steps An accident with Santa, or any other delivery vehicle, is much like any other car accident. And your first steps after an accident are always crucial: Stay on the Scene: You’re probably in a rush yourself, but leaving the scene of an accident can be a crime. Inquire About Injuries: Check on the reindeer and Santa himself — make sure everyone is OK and call for medical attention if needed. Exchange Information: Make sure you get Santa’s insurance info and other relevant details like license and sleigh plate number, and provide your own. Gather Data: Get as much information about the accident as possible, including eyewitness statements from elves or anyone else who saw the accident, and document the scene with photos and notes. Make Contact: Santa may tell you he can take care of the damage and that there’s no need to get insurance companies involved, but not reporting the accident could revoke your insurance and, if the accident is serious, you should also contact the police so they can file a report. Deep Delivery Pockets Being hit by a delivery vehicle can offer different legal remedies if you’re injured. Not only is Santa’s insurance on the hook, employers can be held liable for their employees’ negligent acts. So, if one of the elves was behind the reins or Rudolph was making a delivery run, Santa and Santa Industries could be at fault. Even if the sleigh wasn’t on a delivery run, if it was being used “in the course of employment,” the company or employer can be sued along with the driver. Stay safe on the roads out there this holiday season. And if Santa runs into your Chevy instead of sliding down your chimney, don’t hesitate to contact an experienced car accident attorney. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) What Kinds of Damages May I Claim for Car Accident Injuries? (FindLaw) FedEx Truck Crashes Into Bus in Calif.; 10 Killed (FindLaw’s Injured) 5 Car Accident Myths (FindLaw’s Injured)
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