You are involved in an accident that is not your fault. Someone else’s reckless actions are to blame for the accident and the resulting damages. You have sustained serious injuries, your car is damaged and you are out of work nursing your injuries.
In an ideal world, a car accident lawsuit against the defendant would take care of your medical costs and other damages. However, this is not always guaranteed. There are instances when your car accident claim can be denied. Here are some of them:
If you did not report the accident
It is important that you call 911 immediately following an auto accident. In fact, West Virginia law requires that you report any accident that results in personal injury, death or property damage in excess of $1,000. Police are trained to investigate and make objective reporting on car accidents. As such, you can trust that they will investigate and compile a credible report on whom they believe was at fault.
If you do not seek treatment in time
A car accident can leave you with a wide range of injuries. While some may be immediately apparent, others may take time to manifest. Failing to seek treatment immediately following the accident can be detrimental to your health and car accident claim down the road. First, an injury that is not diagnosed and treated in time may escalate into something serious. Second, the lack of a medical report on the nature and extent of your injuries can weaken your case.
If you miss important deadlines
Every state has a law that defines the time frame within which a car accident victim must file a claim against the defendant. This is known as the statute of limitations. In West Virginia, you have up to two years from the date of the accident to file a personal injury as well as a property damage lawsuit against the defendant. Failing to observe this time frame may result in the dismissal of your claim.
A car accident can greatly impact your life. Find out how you can safeguard your rights and interests if you are involved in a car accident that is not your fault.