How do I get a Settlement for a Car Accident?
After a car accident, most victims are unsure of what to do or what measures they need to take to compensate for their car and injuries. That is something that life does not prepare you for. But we can try on this page!
The fact is that the process of ensuring you get the compensation you are entitled to starts as soon as the accident occurs. It’s possible to make errors at the site of an accident that jeopardizes your whole claim.
MAKE THAT YOU TAKE THE APPROPRIATE ACTIONS AS SOON AS POSSIBLE.
According to Colorado Transportation Code 601.004, Subchapter F, anybody engaged in an car accident that causes more than $1,000 in damage, or any physical injure must report the accident to police authorities. While communicating with those in the accident or while speaking with police authorities, victims may make some unintentional blunders.
The most important thing to remember is never admitting to being at fault for the accident. This implies you should avoid stating something like “I never noticed the other driver” or “I apologize.” While these may seem to be injureless remarks, insurers are searching for any way to lower the value of your claim, so they may cut your payment.
You should also take the following actions to protect your rights:
GATHER INFORMATION
Ask everyone involved in the collision for their name, driver’s license number, and insurance information. This information is required to submit a claim and the accident report. Witness information, if available, would be useful as well.
PHOTOGRAPH EVIDENCE
If possible, take pictures at the site. Photographs of the cars involved and adjacent traffic signs or signals and landmarks may be useful. If there are any nearby businesses, keep in mind that their security cameras may have filmed the collision. Photographs may also be used to chronicle the weather. Any impediments to eyesight should be photographed.
SEE A DOCTOR
Refusing medical treatment is one of the most common errors made by car accident victims. You should consult a doctor even if you believe your injuries are minor. In general, it’s advisable to go to an emergency department and then follow up with your doctor. Even if you simply have minor aches and pains, make sure you urge your doctor to record your condition properly.
NOTIFYING YOUR INSURER
Even if the accident was not your fault, you would certainly need to notify your insurance carrier. However, make no mistake: prudence is essential. Always remember to stick to the facts. Only provide them with accident details, the name of the other motorist, and, if available, the badge number of the officer who took the accident report.
CONTACT AN ATTORNEY
Call an expert car accident lawyer for a free consultation regardless of the accident’s severity. An attorney can assist you in understanding your rights, lay out your alternatives, and offer you useful information to help you determine what actions to take next. You have nothing to lose and everything to gain by taking this chance!
You don’t want to make any mistakes that would lower the value of your claim. When you’ve been in a car accident, it’s critical to use common sense and seek legal advice.
IT’S ALL ABOUT LIABILITY: WHO’S AT FAULT AND HOW TO MAKE THEM PAY
Every motorist on the road is required by state law to have a minimum level of liability insurance. When you are involved in a car accident, demonstrating responsibility is crucial to getting a settlement for your injuries. Even if a motorist has a lot of insurance, the insurance company won’t cover your costs if you can’t establish they’re to blame for your injuries.
Following an car accident, some of the persons that may be held accountable include:
RECKLESS DRIVERS
When a motorist disregards traffic signals, such as speed limit signs, and causes an accident, they may be held accountable for any injuries that result from their actions.
THE DRIVER’S EMPLOYER
The driver may drive a business car or work for a ridesharing service in certain cases. Depending on the circumstances of the accident, the employer may be partially liable for the victim’s damages.
GOVERNMENT AGENCY
If an car accident was caused in part by poor road conditions, it may be required to claim a government agency. Special procedures apply to these claims, and they may be more involved than just informing an insurance company.
OTHER PARTIES
You may be able to hold other people responsible for your injuries in a car accident. Consult your car accident lawyer to learn what papers you’ll need to establish that other parties may be partly responsible for your injuries.
Establishing blame is the first stage in a car accident claim. The accident will need a thorough investigation, and the only way to do so is to collaborate with a lawyer who has handled similar instances before. It’s usually a good idea to go with someone who has a track record of successfully settling car accidents. While a solid track record does not necessarily imply that an attorney can secure a settlement on your behalf, it does show that they actively argue on behalf of their clients to ensure that they get the compensation they deserve for their injuries.
KEEPING TRACK OF LOSSES BEFORE FILING A CLAIM
Ensuring you’ve maintained proper records is another crucial step in receiving the pay you deserve. Every insurance company wants to pay as few claims as possible since it helps maintain their bottom line in the black. Premiums are how insurers make money. It’s preferable if they can collect as many premiums as possible. On the other hand, the lower the amount they may settle disputes, the healthier their bottom line will stay. Insurers will use whatever legal means are available to reduce the compensation they pay after an accident.
Here are some examples of losses you could face, as well as ways to record them:
KEEPING TRACK OF MEDICAL EXPENDITURES
As soon as you visit the first doctor after a car accident, your medical bills start piling up. The longer you wait to get back on your feet, the greater your costs will be. Make sure you maintain a note of every doctor’s appointment, including physical therapy and rehabilitation therapy appointments. If you’ve had surgery, make sure you get copies of all the bills—this normally includes invoices from the hospital where you had the operation, the surgeon, an anesthesiologist, and the laboratory for any
pre-and post-operative lab testing. Any medical expenditures incurred due to your injuries in an car accident should be documented.
WAGES LOST DUE TO AN ACCIDENT
Do not assume that your hourly rate or salary is the sole compensation you are entitled to as a result of an accident. Because you are healing at home after your injuries, you may be missing out on other sorts of compensation. This might include things like holiday pay, sick pay, and matching contributions to your retirement account, among other things. Discuss your genuine salary losses with your attorney, and they can clarify your alternatives for submitting a lost wage claim.
OTHER LOSSES
Some sufferers employ assistance since they cannot do everyday duties due to their injury. This is something you should discuss with your lawyer. You may include these losses in your demand for settlement of your accident injury claim if you can substantiate them.
Following an car accident, you may be able to seek additional compensation for damages to your car and other personal property. Before filing a demand claim with the insurance carrier, your attorney will explore all available sources of compensation with you.
WHEN AN INSURANCE COMPANY OFFERS A SETTLEMENT, WHAT SHOULD YOU DO?
Being unemployed means you have less money coming in, but your expenses stay the same—in some ways, they’re even higher since you now have to pay for things like prescription medicines and medical appointments. When insurance calls you and offers you a settlement, it’s easy to listen excitedly.
DO NOT BE DUPED!
Insurance companies are fully aware that you are dealing with growing medical expenditures and a loss of income. As a result, they make what looks to be a decent offer hoping that you would take it right away. They may attempt to convince you that this is the utmost amount they will provide. They could even advise you that you don’t need to hire a lawyer. Accepting a settlement without consulting with an experienced attorney is a bad idea.
There are “hidden” strings tied to a settlement offered by insurance. Let’s imagine you get an injury that necessitates further surgical treatments. You will be out of work for at least six months during your recovery. While you may believe that the insurance company is acting in your best interests, the truth is that they are striving to limit their exposure. They are attempting to avoid the potential of having to pay additional money later by promising you a
quick settlement. All settlement agreements include wording stating that the insurance company will have no further obligation if you accept them. That might hurt you in the long run, particularly if your ailment necessitates continuous treatment or causes you to take time off work.
MAKING A DEMAND FOR COMPENSATION FOR YOUR LOSSES
Your car accident injury lawyer will issue a demand notice to the insurance company after they have assessed the entire amount of your damages and you are on the mend.
Negotiations will commence only when this phase has been completed. The insurer will be served with a demand that includes the cause for the claim amount and a deadline for them to reply. The insurance will make a counteroffer. Rinse and repeat as needed.
You have complete control over this procedure. Your lawyer will keep you updated about any offers made on your behalf and provide you with their best advice on what possibilities remain. You must determine whether or not to file a car accident lawsuit if a lawyer advises you that the insurance company is not negotiating in good faith.
Remember that your attorney will only be compensated for their legal services if you get a settlement or award. The objective is to always completely reimburse you for your losses, as well as to compensate you for any pain and suffering you may have had as a consequence of your injuries.
Your life is turned upside down when you are involved in a car accident. Serious injuries that keep you off the job for weeks or months affect your future career, your family, and your colleagues.
A major injury not only injures your health but also injures your wallet. You may only notice a loss of income or a drop in your income in the immediate aftermath of an accident. Still, the longer you take to recuperate, the more devastating the financial effect will be.
You should not have to bear the financial consequences of a accident that was not your fault. Working with a lawyer may guarantee that the individual who caused your injury is held financially liable.
