What Am I Entitled to Be Compensated for if the Other Driver Was at Fault After a Car Accident?

You are entitled to be compensated for a variety of financial and non-financial losses if the other driver was at fault after a car accident.

Financial Losses for Which You May Be Entitled to Recover Compensation

There are several types of losses for which you can recover compensation.

Medical Expenses

One example of a financial loss is paying unexpected medical bills. Medical care is expensive.

Some of the medical expenses resulting from a car accident include:

  • Ambulance transportation from the accident scene to the emergency room
  • Medical treatment at the emergency room
  • Surgeries related to your car accident injury
  • Physical therapy or rehabilitation
  • Prescription medication
  • Home health care
  • Medical mobility devices
  • Any ongoing care you may need

The type of compensation you can recover for your medical expenses depends on the extent and severity of the injury you suffered in the car accident.

Lost Income

Another example includes lost wages due to the accident. You are entitled to recover the income you lost because your injuries prevented you from working. Your wages are not limited to your regular salary. This also includes any bonuses, raises, or commissions you missed out on because you were recovering from the accident.

You can also recover compensation for your lost earning capacity. This applies when your injuries keep you from returning to work full time, require you to take a lesser-paying job, or force you to retire.

Non-Financial Losses for Which You May Be Entitled to Recover Compensation

Non-financial losses are damages that you cannot easily calculate. This type of damages is more physical, emotional, and mental than tangible.

For instance, you can calculate the cost of a surgery, but it is difficult to assign a dollar figure to the physical pain that you feel after the surgery. You also cannot give an exact calculation of the anxiety, depression, or fear you have after an accident.

We can help you determine the type of noneconomic losses that you suffered and estimate the value of those damages. Call us at 865-546-1111 to learn more about noneconomic damages.

Non-financial losses you can seek compensation for include:

  • Pain and suffering
  • Mental anguish
  • Emotional distress
  • Disfigurement
  • Loss of companionship
  • Loss of enjoyment of life

Can I Get Compensated for Damage to My Car?

Yes, you can get reimbursed from the other driver’s insurer for car repairs. In fact, you may also be able to seek compensation for your laptop computer, smartphone, or any other personal property that was damaged in the accident.

Additionally, you can recover compensation if the insurance company declares your car a total loss. A car is considered totaled when the damage to the car exceeds the vehicle’s actual market value.

How Will I Recover Compensation for My Losses?

You must file a claim with the at-fault driver’s auto insurance company. Keep in mind that an insurer will not automatically settle a claim unless it knows that its policyholder caused the accident.

So, if the other driver did not admit to causing the accident or if it is not clear which driver caused the crash, an auto insurer will want proof of fault. What helps to build a strong claim is collecting evidence to prove that the other driver is at fault for the accident.

What Type of Evidence Should I Collect?

You can start by gathering evidence at the accident scene. For instance, you can:

  • Take photos of the damaged cars
  • Take photos of your injuries, if applicable
  • Take statements from and get contact information for eyewitnesses

You may also want to obtain a police report which gives a narrative of the facts of the car accident. One of the first documents an insurer reviews when investigating an accident is a police report.

A car accident lawyer from the Law Offices of Ogle, Elrod & Baril, PLLC can help you collect additional evidence for your insurance claim. In fact, we handle all aspects of insurance claims, from filing the claim to negotiating settlements. Give us a call at 865-546-1111 to find out how we can help you file your insurance claim.

Call the Law Offices of Ogle, Elrod & Baril, PLLC for Assistance in Getting Compensation from Your Accident

If you suffered injuries and sustained significant damage to your vehicle, we can help you pursue the compensation you’re entitled to for your losses.

Call us today at 865-546-1111 for a free, no-obligation consultation.