Car accident: need to contact the lawyer? Who pays?

Let's see, briefly, how to behave in the event that you are involved in a traffic accident.

It is not always easy to obtain compensation for damages arising from a traffic accident.
That's why it's good, right from the start, consult a good lawyer, which means that the practice is being dealt with expeditiously by the Insurance.
What damage can result from a traffic accident?
Damage can be:
a) material damage (to property);
b) physical damage (to people).
In turn, these two kinds of damages are divided in other compensable items:
a) moral damages;
b) due to lost profit damages for inability to perform the work;
c) damages for loss of use of the vehicle;
d) and, finally, the reimbursement of all expenses associated with the damage (medical expenses, transportation expenses
Vehicle ...) ...

How to behave in the presence of an accident?

When, therefore, a traffic accident occurs it is necessary, first of all, ensure that the vehicles and the people involved are not in position to cause another left. In this case we have to report, appropriately, to other road users to the presence of an accident. If there are injured people you have to call an ambulance. And, again, if the left presents serious it is necessary to request the intervention of the authorities: Police, traffic police ... because they may carry out necessary surveys, in order to reconstruct the dynamics of the left exact.
On the left site you must acquire as much information as possible; in particular:
1) the identity of drivers and vehicle owners involved, ie personal data, address, telephone contact, the data relating to the license;
2) The Insurance Company of the respective vehicles, which is the name of the company, policy number and the agency.
And, again, if the left have witnessed other people it is good to note the name, the surname, the 'address and telephone A void of any witnesses and vehicle passengers.
You must always fill in the accident report in its entirety, even if the other parties are not willing to sign it.
The first step that the lawyer in charge of instructing the practice must do, to obtain damages, is to send a request by registered letter a / r with all the documentation attached. Some documents should be given immediately, others in the course of practice. The Law on Insurance indicates what are the factors required to the claim can be taken into account by the Insurance Company of the opponent. It must be accompanied by the CID -Convention direct compensation - duly completed in all its parts, even if the other party does not subscribe. The CID, in fact, contains all the elements necessary to be able to start practicing, id est:
- The place, date and time of the accident;
- The data of the parties involved - number plate, owner's name and the driver, the insurance company, agency and policy number;
- The description of the accident;
- The description of the damage to the vehicles;
- Reporting and description of any physical damage;
- Details of any witnesses.
The writer believes highlight that in case of intervention of some authority (Carabinieri, Polizia Stradale, ...) of the Insurance Companies do not dismiss the damage until it is not available the accident report. The report is delivered - at the express request of the party - after 30/60 days in the case of a claim in which there are no injuries and after 90/120 days in the case of an accident with injuries.
In certain specific circumstances, or in the presence of serious injuries, deaths or lawsuit filed by one of the parties, you open a criminal and, for a copy of "accident report procedure", must get clearance from the Magistrate responsible for investigation, the prosecutor.
In these ipotesila presence of a lawyer you are required to indicate the procedure to follow to obtain compensation.
Note: if those who caused the accident is not known or because it has not provided its operché general has not qualified for an, you can - under certain conditions - apply to a special fund called the "Guarantee Fund Road Victims ", which will provide for compensation for damage. Finally, if the accident involved a working foreign vehicle in Italy, it is obligatory to consult a special office in Italy.
What are the protagonists of the practice for compensation?
The main protagonists, namely those that activate the practice are:
1) ildanneggiato;
2) his lawyer;
3) and the counterparty.
In order to get the compensation you come into contact, even, with the figure:
4) the liquidator, or by the Insurance in charge of managing the practice;
5) of the expert appointed by the liquidator to estimate the damage of the vehicle and, in some cases, to proceed directly to the assessment of damages;
6) the medical-legal if you need to assess any resulting physical damage left.
Finally, whether the insurance disputes the reasons incurred or the amount of the sum to be paid will need to contact a judge.
The lawyer, once forwarded the request for damages by registered letter a / r, you have to do?
Now we need to determine the quantum of damages which you are entitled.
As for property damage must make a clarification: the compensable damage can not be higher than the economic value of the vehicle. If the damage is, however, equal to or greater than the economic value of the vehicle you have two possibilities:
a) it does not restore his vehicle waiting for the insurance to send an expert;
b) it makes the repair of the vehicle and it documents the expenditure incurred by an invoice or receipt, as well as the existence of the damage through the photos of a half stricken before repair.
Between the two possibilities is the more convenient the second, although it does have a flaw: the advance of the repair costs.
Even for personaliderivanti injury by accident, in order to provide evidence.
The main document consists of the certified emergency room where you had to use those who have suffered damage as a result of a traffic accident. It will be necessary, then, to document the development of the accident until everything has been "healing," having the attention of preserving the tax records relating to medical expenses incurred that at the time of the liquidated damages, will be refunded.
Finally, it will be necessary to undergo the forensic evidence to quantify, scrupulously, damages.
The proceduradescritta appears very simple. The damage to the person are expressed in percentage points, and each point is settled with a certain figure that varies as a function of the number of invalidity and age of the subject damaged at the time of the left points.
In addition to the main voice - SO-CALLED biological damage - are compensated other items (such as, eg., the total temporary disability, the partial and non-pecuniary damage) plus reimbursement of medical expenses.
If the physical damage has also resulted in a reduction of income - temporary or permanent - this too will be compensated.
Once clarified:
- The accident happened,
- The test and the quantum of the damage;
- And the proof and the quantum of physical damage
the practice is ready for settlement. It opens, so the negotiation phase with the liquidator. Negotiations that will end positively if the practice was well-educated and the liquidator has as its counterpart a professional (lawyer). If the deal is successful the injured will be compensated; if, however, the liquidator does not want to pay or insurance, as often happens, does not send the appraiser you will need to resort to the Judge.
It should be noted that most of the practices related to road traffic accidents, when instructed by a lawyer, resolve without the need to resort to the Judge.
Finally the writer considers it necessary to stress that the procedure in question, for the liquidation of damages caused by an accident, it is easy for the "insiders", but it is not for those who are foreign to the subject, which took on the appearance of the part weak in relation to the Insurance Company. For this, it is wise to request the assistance of a lawyer when you are, unwillingly, involved in an accident, because thanks to his background and experience, is subject able to interact more easily with the Insurance Company and the liquidators and, still, whether the quantum offered, as compensation, to match the scale of damages.
In support of this, the Judgement No. 11606 of 2005, by which the Supreme Court reiterated that "the insurer institution is not only economically stronger but also technically organized and professionally equipped to deal with all issues concerning compensation the damage from road traffic, given the complexity and multiplicity of the regulative principles of matter ".In the same Sentenzai Piazza Cavour Judges reiterate that the injured party has the right, by virtue of its right of defense, guaranteed by the Constitution (art. 24 of the Constitution.) to be assisted by a lawyer of confidence and, in case of amicable settlement of the dispute, to obtain reimbursement of its legal costs.
And, again, I think it appropriate to highlight what has been observed by a Justice of the Peace of Cagliari (Court of my membership): "the corrupted when they are not assisted by a lawyer has to submit to the conditions imposed for compensation from their company that enjoys a location prevalent, content to what is offered by the liquidators, who have as their primary objective to comply with the insurance budget needs where they are employed (order of February 2008) ".
Finally I answer the question: Who pays for the lawyer?
The lawyer's fees are almost always borne by the insurance company.