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Potential Complications In Auto Accident Cases

Law Blog

Some auto accident victims conclude their claims or cases without many complications. In other cases, however, the victims have to navigate a plethora of complications to get their compensation check. Below are some of the complications that you might face in your auto accident case.

Unclear Liability

Liability is one of the first things you need to prove to win your auto accident case. You must prove that the person you are blaming for the crash actually caused the accident. Defendants in auto accident cases know this. In fact, the denial of liability is a common defense even for those who know they are liable.

However, there are also cases where it is genuinely difficult to know who is really responsible for a crash. For example, if you were involved in a pileup accident involving a dozen cars, it can be difficult to know who you should blame for the crash. Another example is an intoxicated driver in a defective car. In this case, you must discern whether it is the car defect or the intoxication that caused the crash.

Missing Evidence

The weight of your evidence determines whether you can prove your case and damages. Evidence in a typical auto accident case includes things like eyewitness testimony, car damage, and medical reports, among other things. As such, you have your work cut out for you if you don't have most of the pieces of evidence. If you didn't get prompt medical care, you didn't report your accident to the police, or if you didn't take the names and contacts of potential witnesses, you might be missing evidence that could otherwise help you with your case.

Inadequate or Lack of Insurance

If you win an auto accident against a driver, it is the driver's auto insurance company who writes your compensation check. You might not get your money if you win your case against a driver who doesn't have insurance. Additionally, you might only get a portion of your damages if the driver does have insurance, but their coverage limit is way below your total damages.

Preexisting Injuries

Lastly, you might also run into complications with your auto accident claim if you have preexisting injuries. Say you were injured at work a few months before your auto accident case. The defendant in your auto accident case is likely to argue that your injuries, or at least some of them, stem from the work injury, and not the latest accident.

Using an auto accident lawyer to pursue your damages can help you navigate the complications better than you can do on your own. If you are dealing with a complicated case without an attorney, get one as soon as possible to help you.

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21 August 2019