If you were recently in a vehicle collision caused by someone else, you must understand your rights and the process of filing a claim for damages. There are many actions to complete and timelines to understand, and when errors occur, it could negatively affect the amount of compensation you collect.
Examples include filing the accident report, understanding the statute of limitations deadline, and pure comparative fault. For more information, speak to an understanding attorney with experience filing a car accident claim in Anchorage.
Filing the Vehicle Collision Report
Crash reports are essential after accidents to ensure compliance with the law and collect a settlement for damages and losses. According to the guidance of the Alaska Department of Transportation and Public Facilities website, drivers must report accidents involving bodily harm, including fatal injuries or property damage of $2,000 or more, within ten days. The process for reporting depends on whether a police officer arrived at the scene and investigated the crash.
When the authorities do not investigate, motorists must visit the website and choose the option to create an accident report. When involved drivers call a peace officer to the scene, they must visit the website and complete a certification of liability insurance. Filing a claim for damages in a car accident is complex, but a knowledgeable attorney in Anchorage could help the plaintiff through each step and provide legal guidance.
Time Limit for Filing the Claim
The statute of limitations deadline in this state is two years. Therefore, the Anchorage claimant must seek damages and file the lawsuit within two years of the car wreck date. Missing the court-enforced deadline will likely result in losing eligibility to hold the liable party responsible for the monetary damages.
Pure Comparative Negligence
Civil laws in this state follow a pure comparative negligence rule for shared fault. That means, even if the plaintiff shares responsibility, regardless of their percentage of liability, they can collect damages for the defendant’s share of fault.
Insurance Claims and Recoverable Damages
The first step in collecting a payout for damages is usually negotiations with the at-fault driver’s insurance provider. When the injured party and insurance company cannot agree on the settlement amount, the plaintiff may wish to file a civil claim in court. Examples of recoverable damages include:
- Property damages
- Emotional distress and trauma
- Pain and suffering while performing daily activities
- Prescriptions, transportation costs to medical appointments, and medical equipment
- Lost pay while at home recovering from the injuries, including benefits and earning potential
- The most of healthcare, including ongoing medical services and treatment related to the cause of action
A lawyer seasoned in filing an Anchorage vehicle crash claim could handle the insurance company communications and reconstruct the accident scene to help recover the maximum potential settlement.
Reach Out to an Anchorage Attorney for Help with Filing a Car Crash Claim
You have the right to seek damages if you or someone you love suffered bodily harm and property damage because of another driver’s negligence. The process is complex; missing a deadline or failing to complete each requirement could lead to losing your right to collect compensation.
A qualified lawyer skilled in filing a car accident claim in Anchorage could help you through the process and advocate for your rights to hold the responsible person legally and financially accountable. Call today to schedule an appointment to discuss your case and begin preparing later this week.