If you’ve been involved in an accident in Virginia that resulted in both personal injury and property damage, you might be wondering about the significance of those accident scene photos on your phone. Property damage pictures play a crucial role in personal injury trials, serving as powerful visual evidence that can significantly strengthen your case.
While your vehicle damage claim is typically settled separately and often more quickly than your personal injury claim, those photos of your damaged car, truck, or motorcycle can provide compelling evidence about the severity of the accident. They provide tangible proof of the impact’s force, helping to corroborate your account of the incident and the injuries you’ve suffered.
In essence, property damage pictures create a visual link between the accident and your personal injuries, making your claim more convincing to insurance companies, judges, and juries. In this post, we’ll explore why photographic evidence is so valuable, how it can affect your personal injury case, and the best practices for documenting property damage after an accident in Virginia.
What happens to my damaged car in a personal injury claim?
Whether our client’s vehicle is repaired or considered a total loss (where the cost of repairs exceeds the retail value of the vehicle), the property damage claim is often paid by the at-fault driver’s insurance company promptly following the collision. While we provide advice to our clients to help facilitate this transaction, a lawsuit is rarely required to resolve a property damage claim.
However, sometimes hard bargaining is required to get the insurance company to pay what they should pay. Negotiation is something an experienced personal injury attorney knows how to handle. They will advocate for you to seek compensation after your car crash. Generally, our firm takes no fee for assisting with property damage settlements.
Why are property damage photos important if my automobile accident claim has already been covered?
Why, during the trial of one’s personal injury claim, is evidence permitted of the property damage caused by the collision when that loss has already been paid? The answer is that the extent of the property damage provides some helpful information about the forces of impact that caused your injuries.
Our Virginia Supreme Court has expressly authorized the introduction of property damage photographs into evidence at trials for personal injury cases for this purpose. Photographic evidence can document injuries as well as vehicle damage and create a visual narrative of the circumstances surrounding car accidents. It can accurately depict what happened and support witness testimonies about the crash.
Where only minor damage occurs to the vehicles in a collision, defense lawyers for the at-fault driver’s insurance company often show photographs of the vehicles at trial and argue to the jury that the plaintiff could not be hurt seriously, if at all, by such a minor impact. An attorney with extensive experience in personal injury law can advocate on your behalf to establish liability and strengthen your case.
Conversely, where property damage is significant, plaintiffs’ lawyers present photographs showing the damaged vehicle to a jury to provide supporting evidence to prove that the plaintiff’s injuries were caused by the crash. Hence, the old saying that “a picture is worth a thousand words” holds true.
Should I take photos of the damage after the car accident?
As a general rule, it is important to take photographs of the damage while it’s available to preserve that evidence in the event of a civil trial. At our law firm, we believe photographs play such an important part in building a case that we often dispatch investigators to accident scenes immediately after we have been retained.
Our investigations team takes pictures of the vehicles involved in the collision to document property damage as well as the surrounding area where the accident occurred and any traffic signs or relevant objects that may have affected the crash. Taking photos, including close-up shots of damage, ensures all the relevant information is preserved.
It is important to have irrefutable evidence in the event of a civil trial and for personal injuries that could happen months later. The photographs provide relevant details for establishing fault. They also provide context that can be helpful in convincing the insurance company in settlement negotiations that the injuries were, in fact, caused by the collision.
If the insurer refuses to offer a fair settlement and we take your personal injury case to trial, photographic evidence plays an important role in helping the jury understand what happened. Images can show multiple angles of the crash scene, allowing them to see evidence like skid marks or traffic signals that can significantly enhance their perception of the case.
Allen & Allen will build a strong case for you
Don’t navigate the complex world of property damage and personal injury claims alone. Let the experienced attorneys at Allen & Allen fight for your rights and maximize your compensation. Contact us today for a free consultation, and let our proven skills work for you. Your recovery is our priority – call Allen & Allen now at 866-388-1307 or schedule a consultation online.
