Non Fault Accident - How to Claim Compensation

People believe that mishaps happening to them are inevitable. They believe that what ought to happen, happen. Well, that may be the case in some incidents but not all. Most of the accidents that happen daily are result of sheer careless of either one-self or of the other person. They occur because of no-fault. The accidents may either cause no damage at all but in most of the cases they prove to be fatal. Some even resulting loss to property and life. Some accidents are such in which a person might not get killed but he/she is left to live in a condition even worse than death.

He/she loses one more of the vital body parts leaving the sufferer handicapped for the entire life. The things get worse when a person is not able to get proper medical treatment because of financial reasons. In such cases claiming the compensation by the victim of the accident seems to be the best solution which can, if not remove, but at least abate the sufferings of the victim.

In order to help people claim the compensations the governments of some countries and states have come up with certain laws and regulations that strengthen the position of the victim and help him/her claim his rightful compensation. The New York govt. for example has come up with a ‘’no-fault’’ law.

Some insurance companies, in the pursuit of saving them selves, try to prove that the victim has not got seriously injured by merely proving that the vehicle in which he/she was sitting is not seriously damaged. Whereas, this view point and the way to look at things is totally wrong and mislead. This is because it has been seen in many cases that even if the vehicle was not badly damaged, the rider of the vehicle was. In order to combat this problem there is a small trick that some lawyers use. They show how a basket of eggs when dropped on the floor suffers hardly any damage where as the eggs placed in it all get broken.

There are nine ‘’no-fault’’ injuries outlined by the New York law. To name some of them it includes death which is caused due to the accident, there is a permanent loss of a particular body organ of the person, there is a fracture, there is a loss of fetus that is abortion, there is a prominent disfigurement such as a major and evident scar, when a person can no longer use a particular body organ as a consequence of the accident or when the victim is not able to perform those daily and un noticed activities which he/she used to perform with ease before the accident took place.

There are several types of evidences which can come to the aid of the victim while claiming the compensation. There can be statement of witnesses, or there can even be certain photographic or video evidences. The reports from the public servants can also be of great use for example the police officers.

Results of accidents, thus, if not totally removed, can at least be minimized to a level that is tolerable. Claiming the compensation in a proper and non debatable way is thus of prime importance.