Motor vehicles and heavy machinery are some of the leading causes of major injuries in the United States. Even the smallest vehicles can weigh thousands of pounds, so collisions generate significant forces that can cause substantial damage to the human body. While a car accident is the most common scenario, other types of heavy machinery can also cause serious injuries, including forklifts, commercial trucks, and farm equipment.Â
If you are hurt in an accident involving a vehicle or heavy machinery, you may face highly expensive medical bills, lost income, and other losses. How can you have these losses covered?Â
In this guide, we will discuss the differences between insurance coverage and personal injury claims for losses arising from a vehicle accident.Â
What Does Accident Insurance Cover?
Anyone who operates a motor vehicle must have insurance on that vehicle. Auto insurance is a massive industry because accidents can cause thousands of dollars of losses, and often much more. If you get injured in a car accident, the typical auto insurance policy may cover the following damages:
- Bodily injury – For immediate medical expenses resulting from the injuries, often paid by the other driver’s insurance
- Personal injury protection – Covers your own costs related to the injuries you suffered, such as medical bills and lost income (optional in most states but required in no-fault states)
- Medical payments – Covers only medical fees associated with injury treatment (also optional in most states)
- Property damage – Addresses payments related to the repair or replacement costs of involved vehicles (comes from the at-fault driver’s policy)
What Does a Personal Injury Claim Cover?
Personal injury claims cover a broader range of legal damages. Beyond the typical lost wages and medical expenses, these lawsuits also cover future medical bills, emotional distress, pain and suffering, and loss of enjoyment of life.Â
Another element of personal injury claims is liability. Some states have specific laws regarding fault for car accident insurance. In a personal injury claim, you must prove that the at-fault party is the cause of your legal damages. Establishing liability requires proof of the following elements:
- Duty of care – The defendant had a certain responsibility to prevent injuries
- Breach of duty – The defendant violated their duty of care with specific actions or inaction
- Causation – There is a causal link between their actions and your suffering
- Legal damages – There is proof of economic or non-economic losses
Other Coverage Options
Depending on the context of your incident, there may be other options for covering your losses. For example, let’s say you are a commercial driver delivering products to a company via its loading dock. Perhaps an employee is not following loading dock forklift safety practices and collides with the truck as you are backing up, causing you to get injured. In this scenario, your losses may be covered by the company’s insurance policy rather than the individual employee’s insurance or a personal injury claim.Â
If your vehicle accident occurs in the course of work, medical expenses and lost income could also be paid from your employer’s workers’ compensation package. Workers’ comp typically covers a portion of wages, medical expenses, and disability benefits.Â
Important Considerations
Claims are often confusing, especially for first-time victims. However, you have the right to pursue fair compensation for your losses, whether that involves an auto insurance policy, workers’ comp, or a personal injury lawsuit. There are many things to consider before you decide what path is right for your case:
- Were you in a no-fault state during a motor vehicle accident?
- Is there a comparative negligence statute in the state where your accident occurred?
- Did you get hurt while driving in a vehicle, or were you a pedestrian when the accident occurred?
- Who was at fault for the crash?
- Are the losses going to exceed insurance policy limits?
Navigating these questions will be much easier if you work with a lawyer specializing in the type of accident you were involved in.Â
Building a Case
Whether you are filing an insurance claim with the at-fault driver’s carrier or pursuing a civil lawsuit against the negligent party, it is important to build a strong case. Here are some steps you should follow after the accident to prepare for the claims process:
- Report the accident to the authorities or the relevant employer
- Receive medical treatment from emergency responders
- Exchange information with everyone involved in the collision
- Gather witness statements from the scene
- Take photos of the accident environment
- Schedule medical follow-ups to determine the extent of your injuries
- Keep all medical records related to your treatment
- Do not admit fault to anyone, especially insurance adjusters
- Consult an expert attorney about your legal options
Legal Experts Can Provide Clarity About Your Options
Even if you have been in a vehicle accident before, every scenario is unique. It is important to understand the context of your injuries when seeking compensation for medical expenses, lost income, and other losses. The first step is figuring out what type of claim or coverage can provide the compensation you need to address your legal damages.
Making these decisions on your own may be challenging, especially if you are trying to focus on recovery. Many law firms offer free consultations about these matters, so you can seek legal guidance from experienced attorneys to help you find the right path to fair compensation.