Filing a Car Accident Case
Last updated Thursday, May 19th, 2022
In an auto collision case, when a person files a claim, they are giving notice to an auto insurance company that they want compensation for their damages.
It can also mean the person is filing a complaint with the court and taking the at-fault driver to trial.
Filing a car accident case can be as simple as calling the defendant insurance company and informing them their client has injured a person.
If the two parties are further in the process, filing a claim means filing a complaint with the court, which is a lawsuit.
Writing a claim includes filling out a form for the insurance company providing the claimant’s name and address, what happened, and what their damages were.
If the two parties are unable to come to terms, they will go to trial.
Speak to a seasoned Skaug Law car accident attorney to get started on your claim.
What is Needed to File a Car Accident Lawsuit?
Before filing an action, a person should be sure they have gathered all relevant evidence for the case for both causation and damages.
Their information should be accurate because they want to obtain justice by using the truth in their favor.
In order for the claim to be viable, a person needs to report the facts of the accident including the driver, the vehicles involved, who was injured, the extent of the injuries, and why the cost of the injuries should be paid for by the defendant driver.
You are not required to continue suing the defendant.
A claimant can end the lawsuit at any time either when they become satisfied with the settlement or if they decide they do not want to go through with it.
But a person should not file a lawsuit unless they are ready to see it through to the end.
Once a person files a complaint, they are not forfeiting the right to negotiate outside of court.
It does not necessarily mean they will go to trial.
Most cases in Idaho are settled before they actually go to trial.
Where to File a Claim?
If the case has a value in excess of $10,000, it will be filed in district court.
Most motor vehicle claims that occur in the Treasure Valley are filed with the Third Judicial District Court in Caldwell.
Some cases, such as those involving an interstate trucking company, may be filed in federal court in Boise City.
When an accident involves drivers who are licensed and insured in other states, the case often must be filed in federal court.
Examples of cases filed in federal court usually involve parties such as big trucking companies.
How a Car Accident Attorney Could Help
It is important to retain an experienced legal counsel when filing a car accident claim.
In the same way, you would not want an inexperienced surgeon, you don’t want an inexperienced lawyer.
A person who suffers losses from an auto accident wants to get the full recovery for what they have been through both emotionally and physically.
The best way to get maximum compensation is to find an attorney who knows the law, who knows the judges, and who knows how to counter the tricks of the insurance company.
A lawyer can help you by getting the full facts of the case.
A person should be sure to give a full explanation of all facts involving the accident and their injuries.
It is essential to tell the whole truth to your lawyer.
Call today to learn more about how our lawyers at Skaug Law could help you win the maximum.