CAR ACCIDENT- HOW TO FILE A PERSONAL INJURY CLAIM

How to File a Car Accident Claim in Wisconsin

A car accident injuries could affect your life forever. Wisconsin registers an average of 136,000 car accidents per year. About 520 of the reported car accidents are usually fatal, while more than 30,000 usually result in property damage. 

There are two crucial factors to consider after experiencing a car accident: your health and the need for compensation. What you do after experiencing an accident can impact these factors positively or negatively. Here is a brief guide on four important steps to take after a car accident and tips for filing a car accident claim under Wisconsin law. 

4 Steps to Take after Experiencing a Car Accident

Ideally, you should do the following after you experience a car accident (but only if you are not too injured to do so): 

1. CHECK YOUR INJURIES & CALL 911

Your health is the most important thing, so start by checking for any injuries to yourself, your passengers, and the other car's occupants. It is advisable to avoid making sudden movements if you have experienced serious accidents, such as broken bones and deep cuts. 

Finally, call 911 and inform them about the accident and injuries. Ideally, the 911 dispatcher will send an EMT to offer medical assistance and the police to document the accident. It is advisable to document the police report and all relevant medical documents, including receipts. 

2. CHECK FOR DAMAGES & TAKE PICTURES 

Documentation is vital for reference when dealing with the police and claiming compensation. It is advisable to take pictures of the accident scene as soon as possible after the accident. Ideally, you should take as many pictures as possible from all angles – you can also record a video. Moving your vehicle off the road is also advisable if it poses a potential hazard to other motorists. 

Car accident damage.jpg
Car Accident Damage

3. EXCHANGE INFORMATION

You will need the other driver's details to document the accident and file a personal injury claim. The required information includes: 

  • Their phone numbers and other contact information. 
  • Their car's make, model, and registration number. 
  • Witnesses' contact information. 

However, it is prudent to avoid confronting the other driver if they are unwilling to provide the said information. You can also collect the responding officers' names, phone numbers, and badge numbers. 

4. FILE AN INSURANCE CLAIM OR LAWSUIT

Finally, you can file an insurance claim to claim compensation for your car accident injury and related property damages. Alternatively, you can file a lawsuit if the insurance company refuses to settle your claim. 

Filing a Car Accident Claim 

Wisconsin has elaborate car accident and personal injury laws. Ideally, plaintiffs are entitled to compensation for their injuries and property damages. You can claim compensation via two channels: filing an insurance claim with the other driver's car insurance company or filing a lawsuit. 

Filing a claim with the other driver's insurance company involves back-and-forth negotiations. Ideally, you begin the negotiations by quoting the amount you want for your injuries and damages, and the insurance company responds with a counter-offer. This usually goes on until you both reach a compromise. However, you can drop the negotiations and file a personal injury claim if the insurance company refuses to settle. 

Notably, negotiations with insurance companies and personal injury lawsuits are usually intense and involve a lot of legal jargon. Essentially, you will be disadvantaged if you lack legal expertise and experience – notably, insurance companies are usually more willing to settle when the plaintiff secures legal representation. 

It is always prudent to consult a car accident lawyer before filing your car accident claim. Your lawyer will handle the negotiations and other important tasks such as documenting the accident and collecting evidence. Your lawyer will also help you file a personal injury lawsuit and argue the case if the negotiations with the insurance company fail. 

Let Us Help

Have you or a friend been involved in a car accident? You can claim compensation, and hiring a good car accident lawyer is advisable if you wish to secure a fair compensation amount. Bykhovsky Law can help with legal advice and legal representation during negotiations and at trial. Contact us today to learn more about how we can help or request a free consultation. 

August 10, 2023