Driving in winter storms is dangerous, but sometimes unavoidable. If you are injured in a car accident during a snowstorm, your injuries may entitle you to compensation for your lost work, missed wages, medical expenses, as well as general pain and suffering. Filing a personal injury claim can help ensure that you are awarded the damages that you are owed.
If you are injured in car accident that took place during a snowstorm, you may feel that it is not your fault or the other driver’s fault, but slippery roads and bad conditions that are to blame. On the other hand, when you file a claim with an insurance company, they will most likely maintain that it is still your responsibility to take extra precautions when driving in hazardous conditions.
Although legal charges may be waived due to the snowy conditions, insurance companies will still determine who is at fault for the accident, whether it is you, the other driver, or both of you. For instance, you may have not been taking extra precautions while driving in a storm, which caused you to roll through an intersection and hit another car, meaning you would be found at fault. Perhaps the other driver could have not been driving carefully and hit you, meaning they would be at fault. Or you both could’ve equally lost control of your vehicles while sliding around on the snowy roads and hit each other, which would mean you share fault in the accident no matter how many extra driving precautions you both had taken.
Depending on where the accident took place, your claim will be affected based on who is found at fault. For instance, you could be in a state that uses the no fault rule, which means that regardless of who is at fault for an accident, your own insurance company will pay your damages for a personal injury claim. Fault auto insurance means that the driver found at fault for the accident is responsible for compensating the injured party. There are also other variations of these rules by location.
All of the details and circumstances surrounding the accident, including the conditions of the road and the weather at the time of the snowstorm, will be thoroughly reviewed to determine the fault for the accident. Who is found at fault will affect the outcome of your claim, whether or not you receive compensation, and how much money you will receive.
Filing a personal injury claim can be a complicated and lengthy process. If your claim is rejected or you are found at fault for the accident, there are still options available to you. Besides filing an appeal, retaining a personal injury lawyer can help you in making sure your claim is successful. A lawyer can ensure that your claim is filed in the correct way and that you determine the correct amount of damages owed. They can also help you negotiate with the insurance company through which you are filing a claim.