Car accident compensations
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Guidelines Of Compensation: How Do You Calculate A Car Accident Compensation?

| May 12, 2022

You are driving a car on the road. There are always some possibilities of small accidents and minor car scratches. This is because you are going on the roads, and many more car drivers are also on that same path. So sometimes you are not also responsible for car crashes. But if you have to pay a large amount of money for repairing your car after the accident. Then your car accident compensation is always going to help you. And you do not have to pay for the damaging parts of the vehicles.

Let’s see first who are eligible to claim the compensation 

Who Can Claim The Car Accident Compensation?

Who Can Claim The Car Accident Compensation

The no injury car accident compensation is less complicated than the hit-and-run cases for damaging vehicles and properties. The owner of the car can file for compensation. If the owner died due to the crash, the legal representative and attorney can file the complaints.

The compensation parts come under Section 166, Motor Vehicles Act. The legal heirs can also file a complaint about compensation for death in a car accident.

Here are the types of motor accident claims you can process for compensation.

1. Own Damage Claims

When you have a well-insured vehicle, and your vehicle got damaged by accident. So you can process the damage claims. If you are already processing your claiming process but can not get your actual claims at the right time. You have to go through the legal steps. 

The own damage claims also work in accident cases. However, for this type of car accident compensation, you can take legal help. Even during the owners’ absence, their legal family hairs can also file the case.

2. Third-Party Claims

Third-party car accident compensation claims are more popular for a work accident. In the third-party claims, one car is involved in the accidents. The third-party claim is processed with the culprit’s insurance company. For example, if any driver hits your car while you are standing on the red signal. You can claim for damage charges and other losses you are facing.

These types of claiming processes are called third-party claiming. The third-party claiming process is also taken care of by the legal attorneys. If you do not get the damage charges at the right time, you can file a case.

Read more: How To Win A Car Accident Lawsuit?

How Can You Calculate The Accident Compensation?

How Can You Calculate The Accident Compensation

You do not have to take help from a legal attorney. If your request is not processed, then you have to take help from the lawyers.

You can easily calculate your accident compensation and finish the car accident compensation processes.

The companions are generally calculated by adding the general damages, pain, suffering, and inconveniences. The special damage and financial losses are counted under the compensations.

Here is a step-by-step guide to calculating accidental compensation. Wherever you are facing the accident of a crash in California or India, most of the legal steps are the same.

Step1: First income of the injured or deceased person should be authenticated. 

Step2: Calculate the deceased person’s age and active career life. Then with the subtractions, the work’s accident years are measured up.

Step3:If some of the victims are injured due to the accidents. The injury level is closely analyzed. The gravity and disability are measured up.

Step4: Two types of physician damages are measured up. One is the physical damage. Another one is the mental damage like a shock.

For the accidental cases, no such limitations are presented for the victims’ claiming process. Therefore, after you complete these four steps for the car accident compensation process, only the documentation parts are the remaining processes.

Read also: What Is A Probate Attorney & When We Need A Probate Lawyer?


What Are The Documents Required For Legal Petition Of Car Accident Compensation

You know already when you are eligible for car accident compensation. Now let’s have a look at the few documents to process your petitions.

  • Police complaint copy for the accident.
  • Copy of the Post mortem reports and death reports.
  • You have to submit original bills of the expenses due to damages.
  • Then legal documentation of the victim’s age and other qualifications.
  • Medical certifications and other disability proof of income and injury.
  • The cover note of a third-party insurance policy.
  • Decreased person’s all documents.

You have to submit all of these reports for the legal petition for car accident compensations. When going through the legal processes, you also have to submit the reports with all of this documentation.

Filing Car Accident Compensation With No Injury: Is It Worthy?

If you have no injury in case of a car accident, you might think it to be unworthy to file for car accident compensation.  However, it is not correct.

In the US, there are certain states where you can file a case after a car accident even if you have no injuries. So, check out the types of coverages you can get in such a situation:

Car Repair Cost

The law can grant you full coverage of the cost of car repair. However, you must request the OEM parts in case of a car accident compensation no injury. 

Coverage Of A Totaled Car

The law can grant a legitimate amount for a totaled car. Generally, it is an approximate value of the car before it had faced an accident. 

Total Rent For A Spare Car

You can file for the generation of rent for a spare car before the law. The rent is an amount by which you need to hire a car till your one remains in the garage. 

Upgrades In the Car

 In the US, the law can grant coverage for the updates you have added to your car before the crash. It counts to the high-definition screens or the stereo system.

Coverage For Other Destroyed Personal Properties

If there is no injury, you can file a car accident compensation for any other type of personal property damage linked with the mishap. For example, laptops, phones, etc.  

So, you can treat these as car accident compensation examples when there is no instance of an injury. In the next part, you can check out the tactics to place the case easily. 

Tactics To Place The Car Accident Compensation File With No Injuries

Here are some bold tactics that you can follow to file a case of vehicle mishap compensation with no injuries. 

  • Call the police immediately
  • Take several pictures
  • Call the lawyer
  • Plan for physiological trauma after car accident compensation
  • Have a talk with your insurance company
  • Make a list of all damaged personal properties
  • Keep a prominent track of the preliminary legal works

Car Accident Compensation Amount: In Case Of No Injuries

If you are concerned about how much car accident compensation without injuries you can get, consider the value to be $3231 approximately. However, the amount might differ according to the state and the type of car. 

So, you should talk openly with the lawyer and mention the amount of compensation that you desire. Nevertheless, make sure that the amount is not absurd. 

Psychological Trauma After Car Accident: A Vital Thing To Know 

It is quite obvious that a person would go through psychological trauma after a car accident. So, if you can prove it medically, the law would grant compensation. In such a case, the insurer of the other person responsible for the car accident would need to give you the entire coverage. 

The chances of getting coverage for PTSD are high as almost 60% of the car accident victims have so far gotten such compensation. So, you can talk with your lawyer regarding it. 

Case Study

In one of the PTSD cases related car accident, Mr Sam from Texas got 50% compensation for PTSD. 

He had got  $20,000 for his minor injuries caused by the car accident. However, he filed a case of PTSD after the mishap. The concerned court granted him $10,000 more for his case. 



Frequently Asked Questions About Car Accident Compensation

What Is Average Compensation Settlement For A Car Accident?

The average car accident settlement in the United States is $20,000. In India, the settlement price varies from Rs 2 lakh to Rs 25,000.

When Can You Claim a Compensation For A Car Accident?

If you are injured and your car is damaged due to the accident. Then you must have to claim compensation for the car accidents. The claims depend upon the duration and possible injuries due to the car accidents.

What Are The Punishments For The Car Accidents In India?

Where ever driving the vesicles on India loss of human life, injury is a highly punishable offence. Endangering human life always comes under legal charges. You have to face imprisonment and other terms due to any loss of public and private property. The imprisonment times start at six months and extend up to the gravity of the crime.

How long After The Accident Can You Claim Compensation?

Every car accident has a very fixed claiming time. And that is not more than three years. This means you can claim accidental compassion after 1 or 2 years after the accidents. If you are unable to file any complaint within one year. You will get another two years for filing your companies.

Wrapping Up:

You can follow my guidance for filing your car accident compensation. But for better judgement, take help from the legal attorney. You can fight your own cases if you are over 18. But for the under 18 victims hiring lawyers is compulsory.

Are you thinking about filing a car for accidental compensation? Then follow our guides. If you are currently facing any legal obligations, do not forget to share your difficulty and problems in the comment sections.


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Rashmi Chaudhuri a passionate traveler and the natural beauty trends concerning the professional content writer. She loves writing about beauty, travel, animals, sports, and health. She is a freelance writer who loves to write SEO-friendly contents about these topics with expert writing skills.


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