Insights Into How Our Legal System Works

Three Things That May Complicate Your Car Accident Claim

24 December 2015 by Yolanda Lane

A car accident claim may not be as complicated as, say, a defective product claim. However, this doesn't mean everything will run efficiently when you start processing your claim. Complications may arise and make your settlement payday a mirage. Here are some of the possible complications:

Admission Against Interest Statement

An admission of interest statement is one that has the potential to hurt your case. Courts admit such statements in court because they believe a person cannot lie if the lie has the potential of getting him or her into trouble with the law. For example, when you say "I'm sorry; I was on the phone with my wife," it means you were breaking the law just before the accident. This would make it difficult to succeed with your claim even if your phone call did not cause the accident.

Therefore, watch your words carefully whenever you are involved in an accident.  In fact, don't make lengthy statements since you may, inadvertently, make an admission against your interest. Limit your talks to the exchange of information, such as contacts and insurance details, with the other party.

"Res Gestae" Statements Admitting Guilt

"Res gestae" is a Latin phrase meaning "things done." It refers to statements made at the heat of the moment when something happens. As a rule, out-of-court statements, which cannot be substantiated, aren't admissible as evidence during the trial. However, "res gestae" statements are admissible, and can be used against you in court. This is because the court believes when a person makes such as a statement, he or she does it before he or she can conjure up a lie. Therefore, if you make such as "I'm not hurt at all," it can be used against you in court to prove that your injuries do not stem from the accident in question.

Making a Claim After a Minor Crashes

Many insurers tend to dither when it comes to settlements of claims arising out of minor car crashes. This may be the case even if the minor accident isn't your fault. This is unfortunate since minor crashes do cause injuries that require medical treatment. It's not unusual to develop headaches, back injuries, or even shoulder pain after a fender bender.

Bolster up your claim by preserving all the related pieces of evidence. For example, get treatment even if all you need is a painkiller prescription. Take photographs of the damaged part of the car before rushing to repair it.

Making a successful injury claim, and getting the right compensation, isn't easy at the best of times. The above situations only make it difficult. However, the involvement of a seasoned lawyer, like those at Herbert E. Maxey Jr., PC and other firms, will help you strengthen your case.

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