When Reporting Auto Accidents is Troublesome

Claiming auto accidents is the legal right of all American citizens. Burden of proof plays a key role in reporting and preparing the files of the claim. In auto accidents, the burden of proof lies on the person seeking the settlement for damages i.e. the victim. The defense attorney carefully undergoes the proofs collected by the victim to find the loopholes for obtaining the verdict in their favor. Although reporting the auto accidents is your legal right, however, it may sometimes put you in trouble. Here is a lowdown on the conditions in which, auto accident reporting is troublesome, and your suitable options.

The Troublesome Situations

If you are seeking the damages, then you also have the burden of proof. You need to gather three types of evidences.

Lack of Evidence from the Site

It is unwise to suggest gathering evidence at the time of accident, however, the earlier you gather the evidences from the accident site, the better. Gather the statements of eyewitnesses. Find out the people present at the time of accident. Get their contact numbers and Employer’s Identification Numbers. Get in touch with them and collect their statements. Capture as many photographs of the accident site as possible. The jury will accept the photographs taken from your phone.

Most of the evidences from the site are collected from the third parties, which is why, they negotiate for your innocence in the court. It could be troublesome if you are unable to submit these evidences in the jury.

Lack of Evidence of the Damages

Check the vehicle for damages and scratches. All passengers and drivers in the vehicle need to undergo medical examination for evaluating the possible damages. The medical reports and mechanic bills are included in the evidences. Diagnostic images like MRIs and X-Rays are also included in the evidences. Submit your healthcare appointment letters as well as the report/letter about loss of wages. Attach previous wage receipts of at least six months with the letter. Capture the photographs of your vehicle before repairing it. The jury will collect these evidences and compare them with your physician’s statements and medical bills. A conflict in the comparison may make you lose the claim.

Lack of Other Evidences

If you have filed the claim then you have the legal right to obtain the statement of defense. To obtain the evidence/statement, you can contact a deposition. These are third party institutions, working as collaborative tool among defense and victim. You can also ask the interrogatories to gather evidence/statement of defense on your behalf. Evidences like these are used to strengthen your case, however, you will not lose the claim if you do not have these evidences.

Lack of Physical Damage

Lack of collisions, visible damages, and evidences can result in serious legal complications. In these conditions, the victim can file an emotional distress claim but the chances of winning the claim are less.Ideally, you should contact a legal advisor or attorney immediately after the auto accident to gather the evidences.

Contact Fisk & Monteleone Ltd. today at 815-209-9030 or online for further information, guidance, and a free consultation.