Car Accident Settlement Process: What You Should Know
Car Accident Settlement Process: What You Should Know
Between dealing with injuries, car
repairs, and endless calls from insurance companies, it’s easy to feel
overwhelmed. On top of all that, you’re left wondering, “How much is my
settlement worth?” or “Will I even get the compensation I deserve?” If these
questions are on your mind, don’t worry. You’ll get all the answers here.
The car accident settlement process can
feel like a maze, but the good news is you don’t have to navigate it alone. You
can easily hire a free consultation lawyer
to take you through each step and handle tricky negotiations with insurance
adjusters.
So, are you ready to dive into the
process? Let’s get started.
What is a Car Accident
Settlement?
Alt Text: Car accident settlement
between victim and insurance company.
A car accident settlement is an agreement
between you and the at-fault party (usually their insurance company) to resolve
your claim without going to court. In simple terms, you receive money to cover
your damages, like medical bills, car repairs, lost wages, and pain and
suffering in exchange for agreeing not to sue the other party.
According to NHTSA, the police-reported traffic crashes
were around 5,930,496, of which over 42,000 people were killed.
How Does the Car Accident
Settlement Process Work?
Alt Text: Filling a police report at
the scene of the crash.
This settlement process can feel
overwhelming, especially when unfamiliar with how it works. Here’s a detailed
breakdown to make it easier for you:
1. File a Police Report
Alt Text: Policeman filing a report.
The first step is to report the accident
to the police. In many states, such as New York, you must notify the police
within 24 hours of the accident, especially if it involves death or serious
injury. You can do this easily by calling 911 and providing your driver’s
license and insurance information.
It’s best to call the police right away
to have an official report about the incident at the scene of the crash. Be
sure to request a copy of this report, as it’s essential for filing your
insurance claim.
2. Gather Evidence
Strong evidence is the foundation of a
successful claim. Start collecting the following as soon as possible:
●
Photos of the accident scene,
vehicles, and injuries.
●
Request a copy of the police
report within a few days of filing the claim.
●
Medical records and bills from
healthcare providers.
●
Repair estimates for your car.
●
Witness statements or contact
information.
●
Traffic camera footage, if available.
For accidents involving large vehicles
like semi-trucks, additional evidence like driver logs, maintenance records and
trucking company policies may be critical. A semi truck accident lawyer can
subpoena these records and ensure nothing important is overlooked.
3. Seek Medical Assistance
Immediately
Alt Text: Injured Auto Accident Victim
Before anything else, prioritize your
health. Even if you think your injuries are minor, it’s important to see a
doctor as soon as possible. Many injuries, like whiplash or internal trauma,
may not show symptoms right away.
It’s best to consult a physician and wait
a few days to make sure the injuries are not major so that you get the
compensation you deserve.
4. Contact Auto Accident Help
Desk
Before you run off to your insurance
company, call Auto Accident Help Desk at (800) 636-8833
for a free legal consultation. No matter what time, you can call us and an
expert attorney will be here to guide you through the process with an estimated
value of your case.
Even if you have contacted your insurance
company, do not accept their offer as they might try to lowball you. It’s best
to wait for a while to understand the complete legal scenario.
5. Hire an Attorney
The best thing you can do for yourself is
hire an attorney to handle the case for you. We are here to help 24/7 as well.
The attorney will notify your insurance company within the set time frame to
file claims for car damage, personal injury or other covered incidents.
This period can vary by state, typically
ranging from a few weeks to several months. For example, in New York, under
Section 214, you must file a claim within three years from the date of the
accident. After this period, your right to file a claim is generally forfeited.
Once your attorney has filed the claim,
the insurance company will begin creating the report, which may take up to a
month to complete.
6. Receive and Negotiate the
Settlement Offer
After investigation, the insurance
company will make a car accident settlement offer. The first offer is often
lower than what you deserve. Insurance companies know that you want a quick
resolution, so they might undervalue your claim which is why your lawyer will
do all the negotiations on your behalf to get you the best value.
The average car accident settlement
amount is around $37,248.62. However, with one of the
best personal injury attorneys, the settlement could grow by 300%!
If you think the initial offer is too
low, you or your attorney can negotiate for a higher amount that covers:
●
Medical expenses (past and future)
●
Lost wages or reduced earning
capacity
●
Property damage
●
Pain and suffering
For commercial vehicle accidents,
especially with semi-trucks, consulting a semi-truck accident law firm can
strengthen your case. These firms have specialized experience in handling truck
accident claims.
7. Filing a Lawsuit (If
Necessary)
Studies show that about 90% to 95% of car accident settlements end
before trial. However, if negotiations fail entirely, your attorney can file a
lawsuit against the at-fault party.
Your case will then go to court, and your
lawyer will represent you throughout the process. Remember that lawsuits can be
lengthy and expensive, so they’re often a last resort.
8. Finalizing the Settlement
Once you agree on a settlement amount,
you’ll sign a release form, which states that you won’t pursue any further
legal action related to the accident. In most cases, you’ll receive your check
within a few weeks after signing the release.
If your accident involves a commercial
vehicle or semi-truck, a semi-truck wreck attorney can ensure you understand
the terms of your settlement. This helps protect your rights fully.
Lastly, most insurance companies release
the payment within 4-6 weeks after signing.
When to Consult a Car Accident
Injury Attorney?
Alt Text: Judge ruling in car accident case.
Being involved in a car accident can be stressful
and deciding whether to hire an attorney to represent you might not be the
first thing on your mind. So, to help you out, here’s when and why you should
hire an attorney to make a difference:
1. When the Insurance Company
Offers a Low Settlement
Insurance companies often make lowball
offers to save money, hoping you’ll accept quickly. However, a personal injury
attorney knows the true value of your claim. They'll negotiate on your behalf
to ensure the settlement covers all your damages, including medical bills, lost
wages, and pain and suffering.
2. When You’re Unsure About the
Legal Process
The legal system can be confusing. If
it’s your first time dealing with a claim, an attorney can handle all the legal
details, from filing paperwork to negotiating with insurance adjusters. They’ll
guide you through the process and make sure you don’t miss important deadlines.
3. When There’s No Insurance or
Insufficient Coverage
If the at-fault driver doesn’t have
insurance or their policy doesn’t fully cover your damages, you might feel
stuck. If a truck was responsible for the collision, it’s best to contact a
truck accident lawyer to help you file the claim under your uninsured converge.
Let us Help You Secure the
Settlement You Deserve
Dealing with a car accident settlement
can be overwhelming. One of the biggest challenges accident victims face is
dealing with insurance companies that prioritize profits over your well-being.
This is why having an experienced advocate by your side can make all the
difference.
If you don’t know where to find the best
personal injury lawyers, Auto Accident Help Desk is here to help you out. We handle the
legal complexities so you can focus on healing.
Contact us today for a free consultation
at (800) 636-8833 and take the first step toward justice
and financial recovery.
FAQs
What happens if you don’t reach
a settlement?
If you can’t agree on a settlement, you
may need to file a lawsuit. This starts the legal process where evidence is
presented, and a judge or jury decides the outcome. Many cases still settle
before going to trial, but a lawyer can guide you through this process.
What to do If the settlement
offer Is too low?
Don’t accept it right away. Always
respond with a counteroffer that includes evidence like medical bills and
repair costs. An attorney can negotiate on your behalf to push for a fair
settlement. If the negotiations fail, you can explore mediation, arbitration,
or filing a lawsuit.
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