Lincoln car accident claims can be complex. If you are dealing with serious injuries or lack the proper experience, it can be even more difficult to navigate the system. This is why it is important to reach out to a well-versed car accident lawyer from Berry Law who can help guide you through the claims process.
Understanding the Collateral Source Rule in Lincoln
Lincoln follows the collateral source rule when handling car accident claims. For example, when someone seeks medical attention after a car accident and gets a bill from the emergency room for $1,000, it is then submitted to their health insurance carrier so they can partially pay. The health insurance company, the doctor, or the emergency room then calls it “paid in full.”
The insurance company of the at-fault driver still owes the injured person the full amount. Since the insurance policy only has to pay a partial amount of a bill for it to be considered paid in full, the injured individual will pay his or her insurance company the amount they paid. He or she then gets to keep any money that is left over.
Other than that, insurance companies do not treat Lincoln claims any differently than claims in other cities. An attorney can further explain insurance claims following car accidents.
Contributory Negligence in Car Accident Claims
Nebraska is a comparative negligence jurisdiction. This means that to prevail in a case, the injured person must prove the other driver is at fault and negligent. The plaintiff must also prevent the other side from proving he or she was at least 50 percent at fault because, in Nebraska, if the plaintiff is 50 percent or more at fault he or she cannot recover compensation. This is known as a modified comparative fault. As long as the injured person is less than 50 percent at fault, he or she is entitled to compensation.
Liability is not hard to determine in many car crashes. It is typically obvious that a driver disobeyed traffic laws and, as a result, caused an accident. For example, one driver may have driven through a stop sign or traffic light. However, some fault may be assigned to each driver, so the amount of fault of each party must be determined. Your lawyer should take the assignment of fault into account when looking at settlement offers from the insurance company.
An Attorney Can Be a Guide Throughout Lincoln Car Accident Claims
Contacting an attorney quickly after a car accident is important because it can help you avoid being pressured by insurance adjusters and ensure that your rights are protected. In addition, the rules for insurance claims are complex and these claims involve a lot of documentation. An attorney from Berry Law can help handle the claim so the injured individual can focus on his or her recovery.
Within a couple of weeks after an accident, if an individual does not feel completely back to normal, he or she should consider reaching out to a lawyer. To discuss Lincoln car accident claims with a knowledgeable attorney, call Berry Law today to schedule a consultation.