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If a person has suffered a traffic accident, the victim has the right to claim compensation. For this, victim must have the assistance of a lawyer specialized in the matter. Here are the ways how these claims work, so that the victim can obtain the highest compensation. The accident lawyer works all the way through in this case and comes up with the best results.

Claiming compensation from the insurance company

To claim compensation from the insurance company, the victim will have to start out of court. Only if they are unsuccessful then they can go to court. Legal assistance is not mandatory until they reach the judicial route. However, the experience of a traffic accident specialist will offer the victim the maximum guarantees of success. Thus, it is advisable to hire a lawyer from the first moment, as it will help:

  • Gather all the documentation they need to get the maximum compensation.
  • Know if the compensation offered by the insurer is fair or not.
  • Negotiate higher compensation, if applicable.
  • Get the recognition of certain expenses, such as medical treatment or vehicle repair.

Follow all steps to ensure the success of the claim, from the presentation of the party to the defense at trial.

Party to the insurance company

Since the accident occurred, the victim will have a period of 7 days to pass the part to the insurance company. The procedure will depend on the reaction of the driver at fault for the accident.

  • If victim act of good will they can contribute a friendly part. This will facilitate their claim, as they will take responsibility for the accident.
  • Otherwise they will have to file a complaint with the police and claim the company of the culprit. Obviously, this is the worst option, because they will have to locate the driver and carry out the pertinent inquiries.
  • In any case, the ideal when passing the report to the company is that they have medical documentation that proves their injuries. If they are going to claim material damages, they should also prove and value them.

Keep in mind that once the victim passes the part to the insurance company, they will have a period of three months to send them their motivated offer. The reasoned offer is nothing more than an assessment of the compensation that the insurer considers that the vicims are entitled to.However, when making this proposal, the victim must justify their calculation. So if the victim provide documentation that proves damage, the insurer will have to rule on it. At this time the victim should already have legal assistance although it is not yet mandatory. And surely lawyer will have recommended the client to attend a medical expert, who can help them quantify the compensation to which they are entitled.

Keep in mind that the insurer is interested in minimizing compensation as much as possible. Hence the importance of documenting all damages and injuries:

  • On the one hand, it will strengthen clients position in the negotiation, forcing the company to take into account all the damages derived from the accident.
  • And, on the other hand, it will help them calculate the compensation due. So when the responsible insurer sends the reasoned offer, the client will know if they are making a fair proposal or not.


As soon as the client receive the motivated offer they will be able to accept it or not. Accepting this offer does not prevent them from subsequently proceeding with the corresponding legal claims. In case of accepting the payment, the insurer will have to pay it or consign it within a period of five days. If it does not do so, it will become delinquent, which implies that the victim can demand the payment of interest.

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