If you have been injured in a car accident, then you have the right to request compensation from the responsible party’s insurance company. Once you have entered a claim with that insurance company, then you should get a call from an adjuster. Suppose though, that the adjust claims that you should be blamed for the accident that caused your injuries.
What should be your initial response?
Do not assume that the adjuster has made a soundly-based claim. Instead, ask for proof of the fact that you should be held responsible for the collision that caused you to become an accident victim. Personal Injury Lawyer in Ottawa will insist on your right to discover the legal statute that could serve as a basis for the adjuster’s claim.
How can you use your time, while you await the adjuster’s answer to your request?
Get hold of the police report, the one that documents the collision that has been at the center of your communications with the adjuster. Study that report carefully. Does it contain any statement that contradicts your own statements, regarding the accident?
If you find nothing that contradicts your own statements, then that is a good sign. Sometimes an adjuster will say that a plaintiff’s story does not match perfectly with the defendant’s story. That is not proof of liability on the part of the plaintiff, unless there is a clear contradiction between the 2 statements.
Get as much information as you can from that police report. Does it say that you violated the law and got a ticket? If not, then that is another point in your favor. The absence of proof that you violated the law eliminates one possible reason that you might be blamed for the accident that caused your injuries.
Read that police report again. Does it contain any phrase or sentence where the officer that arrived at the scene has said that you were at-fault for the collision? The absence of such an allegation functions like the absence of proof that you violated the law. It eliminates yet another reason for accusing you of being at fault for the accidental, on-road occurrence.
How a lawyer can help?
If you know that the other party lacks at least 2 elements that could serve as foundation for a claim that you caused the accident, then you ought to spotlight that fact in a letter. It would help for you to contact a lawyer, so that you could create a more professional-sounding letter.
Meanwhile, you must try to unearth other evidence of the fact that you should not be blamed for the accident that caused your injuries. Lawyers know how to seek out that sort of evidence.
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