Archive for December, 2009

If you decide to have legal representation for your case, one of the biggest things on your mind has to be how much money a lawyer is going to take out of your potential auto accident settlement. Unfortunately, there is no one easy answer for this. The amounts vary from person to person, firm to firm, and state to state. A San Antonio lawyer may charge more than one from Sacramento etc, making it very hard to give an estimate for all areas of the country. In most cases, if you are trying to recover money, you will be able to obtain a lawyer on a contingency basis, but if you are a defendant in a case you will be charged an hourly rate. Read the rest of this entry

If you’ve been injured in an auto accident that was the fault of someone else, there’s no doubt that you should be awarded a settlement to compensate you for your injuries. Unfortunately, depending on what insurance company and what adjuster you are dealing with, the cheapest car insurance company have to keep costs down any way possible,  they can treat your settlement negotiations more like the negotiations you have to go through at a car dealership than serious talks. If you really want to make sure that you get the absolute most out of your settlement, make sure that you know your case front and back, find out more about auto accident settlements online and follow a few simple tips strengthen your bargaining power.

First, when you meet with the adjuster for the first time, whether over the phone or in person, don’t accept his first offer because this will more than likely be a low ball offer to start the negotiations. To compensate for this, you must make a high ball offer of your own. Your counteroffer should be more than you really are looking to receive by as much as twenty-five to one hundred percent. After the initial attempt to go for a scholar’s mate is out of the way, real negotiations can start taking place to find a honest middle ground.

If your insurance adjuster has made what you feel is a very low offer, make sure that you make him justify it, whether in person or in writing. Try to anticipate this and be able to offer at least a rudimentary rebuttal. If you need to strengthen your case even more, don’t be afraid to bring in some emotional arguments if you need to. Pictures of crashes are admissible in court, so if you have one that makes your accident look fairly bad, it could be used to help you get a bigger settlement because it will most likely mean a bigger award in court.  Truck accidents also tend to offer larger settlements because the driver involved should be a professional and exercise more caution. You can also try to talk about how the accident has affected your livelihood and family to try to find a sympathetic ear with the insurance adjuster.

In the end, auto accident settlements last as long as they need to in order to make an agreement. Your settlement could end in one discussion, or it could take place over several weeks. In fact, many lawyers won’t reach an agreement with a company until they’ve discussed the case with them at least three or four times. Don’t be afraid to drag out your claim for a little bit if it means getting the fair settlement that you feel like you deserve from your accident.

If you’ve recently been injured and wondering when the best time to settle an auto accident is, the answer is quite simple but it will be different for almost everyone.  In general, you should only settle when you’re ready and you have an accurate guess of how much any injuries you sustained in the crash will cost you.  However, be careful not to wait too long before you settle if you have suffered serious injuries with on going physical therapy because you might risk running out the statute of limitations on your case, leaving you with no money.  You generally have around two years to file your claims in most states if you are an adult.  Make sure you’ve done the proper research and found out all of the details that pertain to your particular accident and how it pertains to your settlement.

Generally, you would like to settle with the insurance company later rather than sooner if you can afford it.  Settling later, when your physical therapy is complete from the accident and all the repairs are done to your car with give you an accurate amount of how much the auto accident actually cost you.  Settling before this time could leave you high and dry if your therapy runs into complications that weren’t foreseen when you tried to guess how much your therapy would actually cost before you were completely healed.  Don’t forget that by settling you are forfeiting all of your future possible legal actions against the insurance company, so you will have no legal way to collect more damages after the settlement.

Definitely never attempt to settle an auto accident when you are not ready.  Even if insurance adjusters are sending you letters and calling you at home, make sure that you have all your paperwork in order and have an accurate idea of how much you would ultimately like to get in an auto accident settlement before you meet face to face with the adjuster.  This will allow you to bargain better and strike a  better deal with the insurance company.  Generally, you will also never want to jump at the first offer an insurance adjuster offers you because this will more often than not be a low ball offer for negotiation purposes.

Once you’ve got all your paperwork in order and have the most accurate idea that you can get of the total damage that the car accident inflicted on you, you be in, sometimes heated, negotiations with the insurance company.  Most of these negotiations are tied up relatively smoothly, but some may hit a brick wall with both sides being unable to come to an agreement.  This may make the insurance adjuster make a “final offer” to you that you must decide to accept or take the case to court.  If the offer is within the range that you originally thought was fair, by all means accept it.

However, if the offer isn’t in the range that you thought was acceptable, there’s are many things that you can still do.  First, ask the adjuster point blank if this is the best offer and if it is really take it or leave it.  Pay very close attention to his answer.  Most adjusters won’t lie, but they can talk around the truth by saying something such as “this is the final offer I am authorized to give.”  This opens up the potential that the insurance company may be still willing to negotiate if you go over the adjuster’s head to his supervisor.

Figuring out when the best time to settle a auto accident injury claim is can be tricky.  Try to make yourself as well informed as you possibly can, have a good idea of the range of offers you think are fair and make sure that you stick to them.  If you hit a roadblock and are considering going to court, be completely honest with yourself about what your chances are.  Will a court award enough money to cover the costs of hiring a lawyer and paying the applicable court fees?  If not, you may instead want to take the insurance adjuster’s final offer.

There are many common myths that people hear when they’re trying to figure out how to best negotiate auto crash settlements. These get passed person to person, through the internet, television, and many other mediums. Your auto accident settlement can be a large sum of money that you need to recover from the damages done to you from another party. With so much at stake make sure you do research and figure out what is true and what is false before you sign any documents.

Myth 1 – Any Attorney Can Handle Auto Crash Settlements

This first myth can actually cost you quite a bit of money. Just as you wouldn’t go to a heart surgeon for laser eye surgery, you don’t want to go to divorce lawyer to get an auto accident injury settlement done. A lawyer with years of experience in auto crashes will know the specific laws on the issue much better as well as any pertinent cases and precedents. They will be better able to tell you the amount of money that you’re owed and have much more experience in negotiating with insurance companies.

If you have a large settlement pending, make sure that you hire a good lawyer that specializes in auto settlements.

Myth 2 – Serious Injuries Automatically Result on Large Settlements

Most people believe that because whenever you suffer serious injuries in an auto accident you will almost automatically be given huge settlements by justices and jurors. While there’s always cases of people getting obscene amount of money for what seems to be frivolous injuries, victims do not always have the upper hand. The amount you are given for a settlement many times depends on a lot of factors that don’t include the severity of your injuries. Specifically, the judge that will be trying your case, the jurors that are chosen, and the insurance adjuster you’re up against will have a huge bearing on the amount you can get an any settlement or lawsuit.

Myth 3 – Pain and Suffering is Easy to Collect

Going along the same lines as the previous point, many people think amount for pain and suffering are relatively easy to collect. In reality, these amount vary greatly and depend on some of the same variables as above, including the judge and jury you have in your case. Rule and caps on collecting pain and suffering also vary from state to state. There are only three cases where pain and suffering is virtually assured everywhere you go. These cases are when a victim dies, is permanently disfigured, or loses some of their body function. In these cases you can look forward to some pain and suffering damages, but not necessarily a huge amount depending on the severity of your injuries.

Myth 4 – There’s One Average Price for a Settlement

The fact is each auto accident is different so each settlement amount is going to be different. In certain types of cases, a person stands to get a lot more just because of the nature of the crash.  Crashes involving drunk drivers generally receiver more money, which is why DWI car insurance is so expensive.  On top of this, the laws in each state are different, resulting in different allowable settlement amounts. Some states may allow you to get large pain and suffering settlements, others might not. Some states might have no fault accident laws where all the people involved are guaranteed certain rights regardless of who is at fault, but others have at fault laws. Make sure you know all the laws and regulations that apply to you before you sign off on a settlement.

Collecting auto crash settlements can be a very trying affair. Make sure that you know what you are doing and aren’t relying on hearsay evidence from others. If you are ever unsure about something and there’s a lot of money on the line, always make sure that you consult an attorney.

Accepting insurance settlement can be a very intimidating process.  When you accept an insurance settlement, you are forfeiting your ability to sue in opposing party in a court of law for any additional damages.  If you’ve just been though a tough negotiation process this is the last hurdle that ou have to clear before you are awarded the money that you deserve in a settlement.  Before you accept the settlement, make sure you do your research and if necessary, hire an attorney to look over the settlement offer.  Before you finalize your auto accident settlement, make sure you know what you are agreeing to.

If you’re thinking about accepting the insurance company settlement offer, be a layout that you are under no obligation to accept the offer.  If you want to, you can get your own valuations from different sources and try to negotiate a higher price.  This can be useful in cases such as if your car’s been totaled at the insurance company wants to pay out less than what’s owed on the car or they won’t cover the entire cost of your medical bills.  Any settlement that you agree to its final so you shouldn’t automatically agree to a settlement, no matter what the price.

If you don’t agree with the settlement of the insurance company has offered you speak to your attorney or tell the insurance company that you will not settle for less than a certain amount.  When you state this number, make sure that’s higher than your actual bottom-line.  This will give you some breathing room in any negotiations that you have to do later.  If you plan on playing hardball with the insurance companies, make sure that you have a strong case that you can bring to court.  This will make them more likely to agree to an amount closer to your ideal settlement.

Once you have decided to choose the accepting the insurance settlement, you should write a short letter to the adjuster or whoever is handling your case.  This letter should include the amount that should agree upon.  How long it will take for you to receive and sign any pertaining documents, and the damages that covers.  Having a record of this post in your house and at the insurance company will make sure that the adjuster doesn’t go back on his word.  After this, the insurance company will mail you papers, which you sign setback and you’ll receive your check the check we usually clear within five days and you’ll have your money.

Before you accept the insurance company’s final offer, make sure that you read through the papers that they sent you and you know everything that is contained in the document.  Never feel under any pressure to accept a settlement that you feel is less than the amount that you are owed.  If you need your money now, make sure you negotiate to get your money immediately rather than in a structured annuity as well. However, if you do get in an bind and need to accept an annuity, there are many companies that will purchase structured settlements. If settlements aren’t successful, you still have the option to enter into arbitration or mediation before you are forced to hire an attorney and go to trial.  Just as you need to be careful about the insurance settlement, you also need to be careful before you bring a case to trial because any attorney will take as much as one-third of the settlement amount, leaving with sometimes with a bigger total reward, but less money than it you would have settled out of court.