In a split second, a leisurely stroll can turn into a life-changing event if a pedestrian is hit by a vehicle. The aftermath can lead to severe injuries and, in the worst cases, fatalities. If you’re a pedestrian victim or the loved one of one, knowing how to navigate your injury claim can significantly influence the outcome of your case. In this post, we will provide you with three practical tips to help secure the maximum settlement amount for your injury claim.
Tip 1 – Seek out Surveillance Footage of Your Incident Promptly
Quite simply, video footage of an accident can be a powerful tool in your claim. It offers a visual narrative of the event and can contribute to demonstrating the driver’s carelessness in your case. However, remember that this footage can often be overwritten or erased, so try to secure it as soon as possible after the incident.
In today’s digital world, numerous businesses and homes have surveillance systems. If your incident occurred some time ago, check if any local news outlet reported on the accident as they may have already found surveillance footage of the incident that they can provide to you.
Tip 2 – Don’t Be Discouraged If The Police Report Doesn’t Blame the Driver
It’s important to remember that a police report typically isn’t admissible as evidence at a personal injury trial. Therefore, even if the police report blames you for the incident, don’t let that deter you or your loved ones from pursuing your injury claim. I’ve personally handled several cases where the police report found my client at fault for the accident, and we were still able to secure a settlement. In Kentucky, if you can prove that the driver was at least partially at fault for the accident, you are entitled to at least a partial recovery against the other driver.
Tip 3 – Send a Policy Limits Demand in Writing
Sending a demand in writing for the policy limits can put pressure on the insurance company, as they have a duty to act in good faith when handling injury claims. If your claim is clearly worth the policy limits, they have a responsibility to offer the policy limits to you. Failing to do so in a timely manner can lead to a separate bad faith lawsuit against the insurance company.
Unsure What To Do Next With Your Injury Claim? Contact Us!
Understanding and applying these tips can provide valuable help, but these tips alone won’t necessarily secure a fair and reasonable settlement. Oftentimes you will need to show the insurance company that you won’t back until you get a fair and reasonable settlement offer, whether it be by filing a lawsuit or exhausting all efforts and tactics to negotiate a settlement without litigation.
At Meagher Injury Lawyers, we only handle injury claims. If you or a loved one have been injured in a pedestrian accident, contact us today for a free consultation. We are Kentucky lawyers fighting for the injury rights of fellow Kentuckians and would be happy to speak with you today.
Disclaimer: This article is not legal advice. Always speak with a lawyer for your particular situation.