For the truck accidents in California, the insurers compensate for the damage mentioned in the classification, which distinguishes several types of damage. In case of any trouble, the presence of a lawyer is significant.
The property damage of direct victims (current and future):
- Health costs following the accident and miscellaneous costs incurred, such as accommodation adaptation or assistance costs by a third party.
- Academic or university injury, professional and training injury, and loss of professional earnings.
Extra-property damage of direct victims (current and future):
- The functional deficit, whether it is a temporary discomfort or a permanent attack on physical integrity and more generally all the disorders which can affect the quality of life.
- Prejudice to pleasure making leisure previously practised impossible, prejudice to establishment moving family life, aesthetic or sexual discrimination.
- Exceptional or atypical damage linked to the accident which cannot be compensated in any other way.
Prejudices of indirect victims:
- In the event of the direct victim’s death, the funeral expenses and loss of income as well as the moral bias of relatives.
- In the event of survival of the primary victim, miscellaneous costs and loss of income as well as the moral prejudice of relatives because of the suffering of the direct victim.
The stages of the compensation process
It is advisable to transmit a declaration at the latest within five working days to its insurer which specifies the date, the place and the circumstances of the incident as well as the names and contact details of any witnesses. To request compensation, the victim must also send an initial medical certificate to their insurer, as well as any supporting medical documents in their possession (work stoppage, care order, etc.). You need the support of a San Diego truck accident lawyer is very important here.
The insurer of the vehicle involved will contact the victim to inform them of their rights, in particular, the possibility of obtaining a copy of the report if there is one and of being assisted by a doctor or a lawyer. To this letter is attached a questionnaire used in particular to obtain:
- his civil status
- his coordinates
- his professional activity
- the list of bodily injuries suffered
- fiscally dependent person
- organizations paying benefits (social security, mutual insurance, etc.)
- The victim has six weeks to respond.
The assessment of bodily injury may be subject to a medical examination which differs according to its severity.
- An opinion on medical documents (initial medical certificate, work stoppage or care order) by a doctor appointed by the insurer when the damage is slight.
- A complete medical assessment by a doctor specializing in the repair of bodily injury, when these are more substantial. The doctor of his choice may assist the victim during the examination.
The insurer’s compensation offer
The insurer sends a request of compensation to the victim or his heirs in the event of death, which covers all personal injury claims. This can be reduced depending on the responsibility of the victim in the accident and the deduction of the sums already paid by third-party payers.
The insurer must propose the compensation offer at the latest within eight months of the accident or three months of the victim’s claim for compensation. Depending on the situation, the most favourable deadline should apply. However, it can be extended if the victim refuses to take the medical examination, or if the insurer was not notified the month following the truck accident. An 18 wheel semi truck accident lawyer can guide you in this matter.
If the offer is accepted, the victim receives his payment within 45 days. In case of refusal of the offer, it can either ask the insurer to make a better offer or go to court. If necessary, compensation can only take place at the end of the trial.
Some victims believe that, given the limitation period for bodily injury (which is ten years from the consolidation of the injuries), it is not necessary to call a specialized lawyer immediately. This is wrong. It is essential to compile a file from the start of the road accident and above all to choose your method of repair well: amicable or judicial, and in this case, know before which full-court compensation will have the best chance of succeed.
In repairing bodily injury to a road accident victim, it is the specialized lawyer who diligently and defends his client throughout the repair process. After several years, it is tough for a lawyer, even a specialist, to come back to procedures or expert reports that have been poorly performed. Alone, without assistance during the compensation procedure, the victim of a road accident risks being inadequately compensated and will then be twice victim.
Methods of providing accident insurance
Accident prevention methods are the processes of adaptation of people to the environment, the choice of profession and the possibility of psychological impact, remote control, automation, robotization. Risk mitigation, etc. funds are used. Accident protection means are divided into individual protection and collective protection.