In a fault-based state, an injured driver must identify the driver responsible for causing an accident and file an insurance claim against the at-fault driver’s auto insurance policy. As long as the at-fault driver’s policy offers enough coverage to fully cover the injured driver’s damages, the situation ends with the insurance claim. In a no-fault state, injured drivers must file claims against their own auto insurance policies’ personal injury protection coverage. However, depending on the severity of an injured driver’s damages, state laws may allow an injured driver in a no-fault state to take legal action beyond an insurance claim.
An injured driver should record any and all damages resulting from a car accident.
Medical expenses for the treatment of injuries often form the bulk of a claimant’s economic damages.
Injured drivers can also file for coverage for property damage, such as vehicle repair or replacement costs.
An injured driver can claim compensation for pain and suffering. The victim should log his or her pain symptoms following the accident every day and obtain a medical report from his or her physician that clearly outlines the full extent of the victim’s injuries.