Car accidents can have dramatic consequences for the victims, who are sometimes even severely disabled (bodily injury and psychological damage). If the insurance companies are required to compensate road victims on a civil level (except in the case of the fault of the victim driver), the latter will in reality have only one objective and not the least, which is underestimating the damage bodily injury to the victim and therefore limiting compensation for damages.
In addition, the victim of the road will have no choice but to use the services of bodily injury professionals: the dreaded insurance companies, lawyers specializing in personal injury from road accidents and bodily injury, and doctors-counsel for victims. Insurance companies have every interest in underestimating the percentage of the seriousness of each of the items of damage invoked by the victim in order to reduce as much as possible the amount of the final compensation offered at their expense.
The First Offer
It is, therefore, necessary to be vigilant upon receipt of the first offer of compensation received. In most cases, the amount offered by the insurance companies will almost always be lower than the actual amount likely to be obtained before a court. Depending on whether or not the victim is assisted in the procedure, whether the procedure is amicable, or contentious, the offer will vary greatly.
Similarly, in the absence of a compensation scale at the national level, the courts do not apply the same benchmarks in compensation: once again, the assistance of a lawyer accustomed to litigation in bodily injury is essential in order to optimize his chances of obtaining correct compensation.
The variations in the compensation of the victim will therefore very often depend on:
- The seriousness of the bodily injuries
- The assistance of a lawyer specializing in personal injury
- The reference used by the court in charge of the case in the event of litigation
After the traffic accident, the victim or his family (if he is deceased or still hospitalized) must contact a lawyer specializing in personal injury. The lawyer will first explain to him the consequences of the compensation procedure that awaits him.
The victim of the road, to access his file, will be able to appoint a competent lawyer in bodily injury. The latter will then not fail to request a copy of the summary report drawn up by the police or other authorities in charge of the investigation. This report will allow the insurance companies and the road accident lawyer to know the responsibilities of each of the individuals involved. In some cases, the fault of the victim (in particular when he is the driver of a motor vehicle) will reduce or exclude his right to compensation.
For example, driving under the influence of narcotics is a forfeiture of coverage for insurance companies. Similarly, when it appears in the investigative file that the pedestrian victim committed an inexcusable fault and caused the accident, the insurance companies will try to evade their obligation to compensate.
It is evident that legal help is essential if you are involved in any type of car accidents. It is your duty to contact a reputable attorney to guide you through the process and to take up your case with the necessary authorities.