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After a Car Accident, What Should You Do?

The impact of a car accident is sudden and powerful. You could be taken aback by the force of the collision. It is good to plan ahead of time for what you should do in the event of an car accident. Your choices may have long-term consequences for your health and finances.

Don’t try to make a car accident claim on your own, especially car accident lawsuit. After an accident, there are four critical steps to take to make an effective personal injury claim:

LOOK FOR ANY INJURIES AND CALL 911

If you or anyone else may be wounded or your car is in an unsafe position, call 911 from the accident scene. This will help getting the police report much easier.

SHARE YOUR INSURANCE DETAILS

If no one is gravely hurt, collect the insurance and contact information for the other motorist. This contains the license plate number as well as the insurance policy number.

COLLECT EVIDENCE

Take photographs and speak with witnesses at the accident site if you are able. But don’t take the chance of aggravating your injuries. You may depend on the police investigation and accident report if you’ve been hurt.

SEEK MEDICAL TREATMENT

Allow paramedics to treat you when they arrive. If they approve it, go to the hospital and get outpatient therapy. Refusing medical treatment at the scene and failing to seek follow-up care might jeopardize your injury claim.

Is filing a car insurance claim worthwhile?

Yes. If there were injuries, car damage, or if culpability was questionable, always claim with the other driver’s insurance company. Make sure you also tell your insurance carrier. Most insurers make it simple to get notifications through their website, mobile app, or phone number.

The opposing motorist (or their passengers) may claim alright at the scene, only to later claim serious injuries. If you quickly tell your insurance carrier of an accident, they are obligated to defend you against litigation.

How to Calculate Compensation for a Car Accident

You may estimate a settlement figure by adding your economic damages (verifiable expenditures connected to your injury) and multiplying it by multiple to account for your pain and suffering. The multiple varies depending on the severity of your injuries, but it usually ranges from 1 to 5 times your medical bills.

After a car accident, how much should I accept as a settlement?

In an ideal world, you’d settle your car accident claim for a sum that fully compensates you for all of your losses, including pain and suffering. Because the amount will be decreased via talks with the insurance adjuster, your first settlement demand should be more than what you anticipate obtaining.

To compute compensation, what information is required?

All of your medical bills, out-of-pocket charges, and lost income are included in your overall economic losses. Even if your health insurance or Medicaid paid the majority of your medical bills, you’d consume the whole amount.

Do you get compensated for your pain and suffering as a result of a car accident?

To account for pain and suffering, it’s reasonable to ask for one or two times the amount of your economic losses in most cases. For serious injuries, you could be able to get four or five times your lost wages, if not more. For serious injuries, you’ll need the help of an attorney to receive the best payment possible.

Personal Injury Protection (PIP) coverage will not compensate for pain and suffering if your injuries aren’t significant in no-fault insurance areas. If your injuries are significant enough, you may be eligible for pain and suffering compensation.

It’s appropriate to add an amount for pain and suffering in your claim in jurisdictions with classic fault rules.

Five factors influence car accident compensation:

Shared blame degree

Your compensation will be lowered in most states based on your proportion of fault.

State negligence laws

Depending on the state, you may not be entitled to reimbursement from the other motorist’s insurance if you are equally or more at fault than the other driver.

Amount of economic damages

Compensation is based on concrete expenses that can be verified, such as medical bills and missed earnings.

Injuries severity

Minor injuries result in reduced compensation, with just a small amount for pain and suffering. High-dollar injury claims include severe, sometimes debilitating injuries.

Limits on auto insurance policies

Many motorists just carry the state’s minimal car insurance coverage. There will not be enough insurance money to pay your losses if your injuries are serious. Similarly, if many individuals are hurt in a car accident, the at-fault driver may not have enough insurance to pay everyone.

WHO IS TO BLAME FOR YOUR CAR ACCIDENT?

Evidence of wrongdoing or failure to perform what any reasonable driver would do in the circumstances is required to determine another driver’s guilt in an accident.

Traffic citations, witness accounts, accident images, mobile phone data, the other driver’s blood alcohol content (BAC), and other evidence may be used to prove guilt. The police report may also assist in determining the other driver’s guilt and demonstrating that you had no role in the crash. This is one of the reasons why calling 911 after an accident is so important.

When it comes to car accident compensation, does it matter who is at fault?

In-car accident cases, the blame does matter. In most jurisdictions, the at-fault driver’s insurance company is liable for all of your losses, including medical costs, lost earnings, and pain and suffering. You won’t collect a penny unless you can show their insurance caused the accident.

If you reside in a no-fault state, your Injury Protection (PIP) coverage will cover your injuries up to the policy limits, regardless of who caused the accident. Even if you were only injured in a small way, the at-fault driver’s insurance should pay the damage to your car.

The Advantages of Hiring a Car Accident Attorney

Hiring a qualified personal injury lawyer may benefit your case in a variety of ways. They have years of expertise working with insurance companies and pursuing car accident claims. An attorney is essential for severe injury claims.

• Handle correspondence with the at-fault driver’s insurance company
• Obtain evidence you wouldn’t be able to obtain on your own
• Identify additional sources of compensation
• Likely negotiate a higher settlement than you could on your own
• File a lawsuit if the insurance company won’t offer a fair settlement
• Handle your claim so you can concentrate on recovering from your injuries

How much of my accident settlement goes to my attorney?

Most personal injury lawyers operate on a contingency fee basis, which means you won’t have to pay anything unless your case settles or wins at trial.

Attorney costs often range from 33.3 per cent of an out-of-court settlement to 40% if your case goes to trial. Their expenditures are deducted from the final settlement sum as well.

How to File an Insurance Claim after a Car Accident

Although each state has its own set of restrictions, most car insurance companies process claims similarly.

The following are the steps involved in filing a car insurance claim:

Notification

You or your attorney will give the other driver’s insurance company a notice of intent to pursue an injury claim. The firm will reply with a claim number as well as the adjuster assigned to your case.

Recorded Statement

The adjuster may contact you and request that you provide a recorded statement, but be cautious. The adjuster is skilled at persuading you to say things that might jeopardize your claim. You are not obligated to make a statement before speaking with an attorney.

Car Repairs

The at-fault driver’s insurance carrier is liable for your car repairs (or complete loss payout) as well as rental car costs while your car is being repaired. If you have collision coverage, you may opt to have your property damage claim handled by your insurer. Your insurer will then file a claim with the other driver’s insurance company for payment.

Injury Claim Offer

You may get an injury claim offer right away. The insurance adjuster would love for you to accept a little settlement and go. It’s best to put off talking about a settlement until you’ve completed creating your injuries.

Start Negotiations

Once you’ve completed treatment, it’s time to start negotiating with the at-fault driver’s insurance company by submitting a compensation demand package.

Final Settlement

After a few rounds of talks, you should be able to strike an arrangement that is both fair and reasonable. Within a few weeks of signing the agreement, you should get your check.

Failed Discussions

If your negotiations with the at-fault driver fail, you have choices, such as arbitration or bringing a personal injury lawsuit against them.

How to Successfully Negotiate a Car Accident Claim

You could elect to handle your insurance claim if you’ve completely healed from relatively minor car accident injuries.

Negotiation success hinges on preparation. While speaking with the adjuster, gather and arrange your evidence, so it’s simple to discover. Make your notes and talking points ahead of time. Know your case’s advantages and disadvantages. To predict what their arguments may be, consider thinking like an adjuster.

Negotiators who have done their homework anticipate both parties making concessions, but they also know their “bottom line”. You have additional choices if settlement negotiations fail. Remember that you may seek legal advice at any time throughout the bargaining process.

How long does it generally take for a claim to be processed?

The claims procedure might take a few months to a year or more, from first notice to ultimate payout. It depends on how long it takes for your injuries to recover and how well your insurance company discussions go.

Personal injury claims are subject to a statute of limitations in each state, which is normally one to three years following the date of the event. You’ll lose your entitlement to compensation if you don’t settle your claim or file a lawsuit before the statutory time.

What is the best way to find out whether my injury is covered by insurance?

For any physical injuries produced by the incident, you may seek reimbursement from the at-fault driver’s car insurance policy, even if the injury is an aggravation of a pre-existing condition.

Emotional anguish and other mental health impairments may be covered, although they are more difficult to prove, particularly in the absence of a physical injury.

What happens if my car insurance claim is turned down?

Even if your claim is refused, it’s not the end of the world. The car insurance company must provide a cause for the refusal. To convince the adjuster to review your claim, you may just need to offer new relevant documentation.

If the other motorist’s insurance company refuses to comply, you have choices, including suing the at-fault driver directly.

Consider speaking with a personal injury attorney if your own insurance company dismisses your claim. In many cases, an attorney may force your insurance to pay the coverage in question. Your attorney may also decide if you have grounds to sue your insurance provider for bad faith.

Tips for interacting with the insurance provider include the following:

Keep in mind that the insurance company is not working for you.

The adjuster is not your buddy, no matter how sympathetic they seem. Don’t confide in them or share your financial worries, marriage struggles, or other personal concerns with them since they might be used against you.

Gather and arrange as much evidence as possible, as well as accident-related information.

Consult an attorney before making a recorded statement.

Don’t sign anything you don’t completely understand, including a medical release form. The insurance company requires only medical data directly relevant to your car accident injuries.

Don’t talk about a settlement until you’ve completely healed. An attorney should handle serious injury claims. Be prepared and adhere to the facts throughout settlement talks if you decide to handle your claim without an attorney.

Remember that you have the right to seek legal advice at any time throughout the claims process, up until you sign a settle. Get your free consultation today.