Negotiating automobile accident settlements doesn’t have to be as mysterious as some make it out to be. By knowing a little bit about how to handle your claim and what to expect from insurance companies, you can successfully negotiate many types of small and medium claims without the help of expensive lawyers. If at any point you feel over your head or that you are being taken advantage of, you can always enlist the help of one of the many lawyers you can find online. Read the rest of this entry
Determining Compensation Archives
One of the most difficult and controversial parts of any auto accident settlement is trying to figure out the pain and suffering damages awarded to someone in an auto accident. In fact, one of the main reasons that many cases go to court instead of reaching a settlement is because of a disagreement over the pain and While there are some “formulas” that you can use to try to estimate the value of your pain and suffering, they don’t hold in all cases and each case depends on many different factors. If you have a major disagreement with an insurance company over pain and suffering, sometimes the best route will be to enlist the services of an attorney to have him work on your behalf. 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.
Whiplash is by far the most common injury sustained in automobile accidents. Over one million people a hurt by whiplash each year. Whiplash injuries range from neck soreness to an incredibly painful injury that requires months of physical therapy to repair. Over thirty billion dollars will be spent to treat these injuries each year as well. Since so many auto accident settlement amounts involve some damage due to whiplash injuries, it’s important to know when you should seek a settlement for whiplash.
Whiplash is trauma that is suffered to the head, neck, and spine because of a violent snapping back and forward of the neck. They occur most often in rear end collisions when one car is at rest and gets knocked into by another car. If a driver uses improper car seat support, this causes the head to jerk back and forward, much like the end of a bullwhip, and giving the injury its name. Whiplash happens in almost every wreck like this, but is more severe in some cases than in others. In general, you should seek a whiplash settlement if you have to seek treatment for the injuries and incur any kind of medical costs. If you don’t seek treatment for your injuries, it will be difficult to prove in court that you actually sustained one, so if you do think you may have gotten some form of whiplash, make sure to visit a doctor or hospital.
If you do seek treatment, you can choose to settle with the insurance company yourself or hire a lawyer to negotiate with them on your behalf. If your injuries are minor it may save you money to negotiate yourself, but if your whiplash settlement involves large amounts of injury, you should more often than not hire an attorney. An attorney has experience in working with insurance companies and will be able to tell you accurately how much you case should be settled for and which cases should be taken to court.
Any settlement for whiplash should include all medical bill incurred as a result of the car accident, damages sustained to your car and property, any rental car expenses, and all time missed from work as a direct result of the accident. The settlement may also involve an amount known as pain and suffering, which compensates you for the harm to your emotional state the injury caused as well as other intangibles of enjoying life that the accident made you miss out on. This amount can be accurately determined by attorneys from prior experience, but in a jam, you can usually set it at three times the total of the other expenses.
When applying for a car accident settlement that involves whiplash make sure that you know the agreement inside and out. Sometimes the contract that you sign with the company can involve stipulations that aren’t in your favor, such that the insurance company will pay you in installments instead of in one lump sum. Also be aware that you are subject to a statute of limitation to when you can pursue your whiplash case, this varies in time from state to state. Past this time you can’t bring an insurance company to court over the accident.
Whiplash is one of the most common forms of injuries that is sustained in auto accidents. If you are forced to seek medical care because of someone else’s negligence, you are entitled to and deserve to be compensated for the time they cost your and the property they destroyed.
There are several important steps that you should take when you are filing a car accident claim. If you are entitled to any damages, either from bodily injury or property damage, from the crash, it is vital that you get these steps right so that you can create an airtight case when you try to negotiate auto accident settlements.
What You Should Do as Soon As Possible
As soon as possible, make sure that you contact your insurance company and inform them of the crash. Also make sure to record any details of the crash that you can. This includes both writing down details and taking pictures as the scene of the accident if you are able to. If you feel injured, make sure that you head to a hospital or doctors office right away to get checked out and keep the receipt. Also make sure to keep a copy of the police report from the accident. Also make sure you write down the the contact information of any witnesses to the accident, especially if they can prove there was no driver alert at the wheel of the other car. Finally, whatever you do, never ever admit any liability in the accident whatever you do. If you admit guilt, you’ll more than likely be given fault for the accident. Not only will this preclude any settlements that you can claim, it will also prevent you from being able to save money on car insurance in the future. The more you do at the scene of the accident, the easier it will be to get the compensation from the car accident you deserve.
Property Damage in a Car Accident Claim
If you were driving, its most likely that you have sustained at least some degree of property damage to your car. To ensure that all the damages to your car are properly paid for and repaired, you need to take the following steps:
- Keep all receipts related to towing and storage
- Get two estimates of the cost of the damages to your car
- If it’s possible, take your car to a certified dealer from the insurance company you are dealing with
- Talk to the insurance company about obtaining a rental car
- When the damages are repaired, keep the receipt and send it to your insurance company.
Dealing with Cases of Bodily Injury
For cases dealing with bodily injury claims, make sure you keep all your records relating to any hospital or doctor’s visits related to the accident. Also make sure that you sign a medical release to the insurance company can view your medical records to review them for their purposes. If you’ve sustained any kind of serious injury, you should strongly consider hiring a lawyer. The lawyer will better be able to represent your case, make sure you submit paperwork correctly, and make sure that you are properly rewarded for the time that you spent injured.
Filing a car accident claim is not incredibly difficult on the surface, but you must be sure to get it right. Any oversights or mistakes that you make, especially in larger cases, can be pounced on by the insurance company to undermine your case. Make sure that you get your claim right!