After a traffic accident has occurred, those involved want the case to be resolved as soon as possible. Because of this, many resort to an amicable settlement. This article will discuss the circumstances in which an amicable agreement is worth signing and when it is not necessary.
SIGNING A FRIENDLY AGREEMENT IS NOT NECESSARY TO START A LEGAL PROCEDURE
The amicable agreement is not necessary at all to start a legal process as it is not a strong legal precedent. Although an amicable agreement establishes a mutual commitment between the abuser and the victim, the offender could escape his responsibilities simply by not answering the phone.
Something very different would happen if the injured person goes beyond the amicable agreement and decides to hire a personal injury lawyer in Edmonton because in case the victim does not want to answer, they will have a legal obligation to attend if they are summoned to a jury.
A case can be settled out without having an amicable agreement to back it up.
If a person who has been the victim of a traffic accident refuses to sign an amicable agreement with the offender, it would not prevent future legal proceedings. After the accident has occurred, the victim can call a lawyer and the procedure would follow regularly because refusing to sign the amicable agreement would not affect their ability to make a claim.
Note: For an amicable agreement to have some weight, it must be in writing and with witnesses, since verbal agreements without witnesses do not correspond to any legal basis.
AFTER A TRAFFIC ACCIDENT, IS IT BETTER TO SIGN A FRIENDLY AGREEMENT OR RAISE A POLICE REPORT?
An amicable settlement is no better than a police report, they are simply made for different circumstances. For example, if it involves very serious injuries such as mutilations or death, the legislation requires that a police report be drawn up because a crime prosecutable by criminal public action has been committed.
On the other hand, if it is a transgression of civil law, such as minor injuries caused by negligence, it is not necessary to draw up a police report, but the same people involved can sign an amicable agreement. Then their lawyers and insurers will come to a happy settlement.
DO THE FRIENDLY SETTLEMENTS ESTABLISH GUILT?
It is not recommended that amicable settlements attempt to determine who is at fault in a traffic accident. On the contrary, it is preferable to identify the facts objectively, and then, if a legal process continues, the legal professional is in charge of determining who the aggressor is and who the victim is.
HOW DOES A FRIENDLY SETTLEMENT AFFECT COMPENSATION?
In the case of minor injuries, a copy of the friendly agreement will be taken to the insurers of both vehicles. Each insurer will cover the material damages of their respective insured. After both property damages are compensated, the insurance companies will initiate an investigation to determine who was responsible for the injuries.
The friendly agreement does not establish the value of compensation, but it opens the doors to a future negotiation in which an amount will be discussed.
THINGS TO TAKE INTO ACCOUNT BEFORE SIGNING A FRIENDLY AGREEMENT AFTER A TRAFFIC ACCIDENT
The amicable agreement between the parties involved in a traffic accident is a delicate matter because certain injuries do not come out at the same time as the accident. For example, lumbar whiplash and whiplash are injuries that the person does not feel right after the accident. Therefore, they cannot be described in the friendly settlement.
Any insurance company could establish the lack of this information in the amicable settlement as an argument in its favor if the case is not amicably resolved in the future. For this reason, it is advisable to limit the amicable agreement only to those accidents in which the victim is completely sure that there were no serious health implications.
Note: If some kind of damage was not described in the amicable settlement, the victim can still receive compensation for those injuries with sufficient medical support and adequate legal representation.
PEOPLE WHO HAVE FILLED OUT A FRIENDLY AGREEMENT OR WHO ARE PREPARING TO DO SO IN THE FUTURE NEED A LAWYER
Regardless of the circumstances surrounding a traffic accident, it is good for those involved to consult with an attorney. This will help to streamline the resolution process and save a lot of headaches in the future.