Semi-Truck Accident 101: What Every Passenger Car Driver Should Understand

The Source of Personal Injury Compensation: What To Know

29 July 2022 by Kenneth Graham

After an accident, you may be owed money if the other driver was responsible. The other driver must have the financial resources to pay you as well. Most drivers carry enough insurance to pay most if not all of a victim's damages. However, it helps to understand the sources of personal injury compensation after a wreck.

If the Other Driver Has Insurance

Not everyone has insurance, despite the requirements in every state. However, most drivers are insured. Don't expect, though, that the other driver's insurer is going to send you a check for several hundred thousand dollars just because the policy has those limits. While it's good that the other driver is insured, that is only half the problem.

Many insurers will only pay victims the bare minimum that they must. Victims may leave behind money that could be paid to them because they are unsure of how to obtain it. Speak to a personal injury lawyer and find out what they can do to compel the insurer to pay you for all your damages and not just some of them.

You can ensure that you are paid what you deserve by doing the following:

• Seek medical treatment and keep records of it.
• Never speak with the other driver or their insurer under any circumstance.
• Avoid posting about the accident on social media.
• Use an accident journal to record your struggles with the aftermath of the accident.

If the Other Driver Has Financial Resources

The other driver may not look wealthy, but that is not the point. If they don't have insurance or if their insurance is inadequate to meet your needs, you may have to take action against them personally. Don't let the driver's lack of auto insurance deter you from seeking damages.

Speak to a personal injury lawyer about your situation. The lawyer will investigate the other driver and ascertain their ability to pay at least some of what they owe you. The lawyer will file motions with the court that freezes their assets, for example until the case is over. Other legal moves that can result in the payment of money damages include:

• Placing liens on real estate holdings to prevent them from being sold.
• Freezing checking, savings, investment, and retirement accounts.
• Using a court order to garnish part of the driver's wages.

The most important thing a victim can do to ensure that they are paid for their damages is to speak to a personal injury lawyer about their case.

For more information about car accident cases and seeking compensation, contact a personal injury lawyer in your area.

Share  

Search