Not everyone involved in a car accident receives compensation. Settlement depends on the severity of the injuries incurred, the property lost, and the liable party.
Whether you think you qualify for settlement or not, it is imperative to try and seek compensation instead of assuming that you do not qualify. You need to follow several processes before getting a settlement after a car accident.
In most cases, your defendant’s insurance company should settle your claims. But it can be challenging where the defendant does not have enough coverage or lacks coverage.
Factors that Determine Car Accident Settlement
When you get injured in a car accident, you need to seek treatment immediately if you feel severe injuries. A doctor will examine your condition and establish the extent of your injuries.
Once you receive treatment, it is imperative to keep all the medical records for future use. If you plan to seek compensation, the type and severity of the injuries incurred in a car accident determine your settlement.
Some accidents cause permanent impairment, pain and suffering, and other physical injuries. Having a detailed medical report from medical experts increases the value of your settlement.
Victims’ Expressions and Actions
Once an accident occurs, you will record a statement to detail what transpired during the accident. This is a critical time when you need to be careful of what and how you speak and express yourself because your actions and statements will impact the outcome of your case.
You should avoid giving contradicting information to the police, doctors, and insurance companies because they can use the contradictory information against you. The best way to avoid making mistakes is to consult your car accident lawyer to advise and guide you when recording statements.
Losses and Expenses Incurred from the Accident
A car accident can cause deep financial losses due to medical expenses, lost wages, loss of employment, loss of quality of life, inability to perform daily activities, medical equipment, and travel expenses to the doctor. In most cases, the insurance company reimburses you for all the reasonable costs after a car accident. It is your right to file for a claim to receive a settlement.
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Proving Liability of the “At-fault” Party
If the accident occurred due to another person’s negligence, you must provide concrete evidence that the party was at fault. This is a crucial factor if you intend to file a claim against the other driver’s insurance company. Below are some of the reasons you can prove that the other was at fault.
- Drunk driving
- Poor road conditions
- Lane change accident
- Distracted driving
- Failure to yield the right way
It is imperative to provide concrete evidence to impact the value of your case. If not, your settlement might be lower, which will deny you your rightful compensation. It is best to speak to an experienced car accident lawyer such as Morris Bart to help you investigate the case and gather concrete evidence about the car accident.
If you have a preexisting condition before a car accident, the insurance company would argue that the recent car accident did not entirely cause your injuries. As a result, you may fail to get your rightful settlement if you cannot defend your injuries. An experienced car accident lawyer with excellent negotiation skills will discuss with the insurance company for a better settlement.
Prompt Medical Care
It is best to seek medical treatment immediately after an accident because some insurance companies will decline your claim citing that the accident did not cause your injuries. Seeking medical treatment earlier can increase the value of your evidence and help you get your rightful settlement.
It is also crucial to follow your doctor’s treatment plan to avoid back and forth with the insurance company. The insurance company would argue that your injuries got severe because you failed to follow your doctor’s treatment plan, thus decreasing the value of your claim.
How a Car Accident Lawyer Can Help Your Case
While it is imperative to collect enough evidence after a car accident, the police and insurance companies may also conduct their investigations to establish the main cause of the accident. The insurance company assigns an insurance adjuster to conduct the investigation beginning with the parties involved in the accident. Below is some information needed during the investigation:
- Medical examination reviews
- Information from accident victims
- Review of the submitted evidence
- Review of medical records
- Statements from eyewitnesses
- Photos and videos of the accident scene
- Review of insurance policies.
Sometimes, the insurance company may fail to access the accident appropriately, resulting in inadequate evidence to prove your claim. If you feel the insurance company did not do due diligence in the investigation, you can speak to a car accident lawyer to further investigate the accident.
Negotiating a Settlement After a Car Accident
Once you have concrete evidence that the other party was at fault, you may get your settlement if the insurance company believes you have enough evidence. But the insurance company can also deny your claim or offer a lower settlement altogether.
If the insurance company denies your claim, it can be challenging and frustrating if you lack legal expertise and negotiation skills. It is imperative to involve an experienced lawyer such as Morris Bart to negotiate with the insurance company.
The lawyer may request more information from you, such as medical treatment records and other car accident details. So, you should always keep all the evidence well to enable your lawyer to establish your losses and determine the value of your settlement.
Filing a Car Accident Claim
Suppose the insurance company fails to negotiate your settlement. In that case, your car accident lawyer can file a lawsuit in court to further the case, although most insurance companies do what it takes to settle the case before it escalates to court. This is why it is imperative to involve an experienced lawyer with excellent negotiation skills and legal expertise.
Get Help for Your Car Accident Settlement Today
If you or your loved one suffered severe injuries in a car crash due to someone’s negligence, you deserve to recover all you lost in the accident. Even if you were partially at fault, do not be afraid to seek compensation if you get injured. Contact us today for a free consultation to discuss your matter and walk the journey with you.
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