Determining Compensation Archives

Finding out the right car accident compensation varies from case to case.  In some cases that only involve property damage or minor medical damages, the amount you will accept is fairly straightforward.  But in larger cases, where there may be serious injury involved and a significant amount of pain and suffering damages can be sought, the amount of damages you can seek is not as clear.

Determining Car Accident Compensation in Simple Cases

If you are involved in a minor car crash, determining the compensation that you are entitled to is fairly straightforward.  Your biggest worry is to make sure that you keep all your receipts and proof of damages.  Since these cases are simpler, there will also be very little, if any, negotiations with the Auto Insurance Agency during a settlement.

If you have sustained an injury, such as whiplash, make sure that you seek medical care right away and complete all treatments that are prescribed for you.  Keep track of all of your medical bills during this time, including visits to chiropractors, doctors, and the emergency room.  The damage sustained to your car can be fixed at a repair shop of your choice.  This seems like it’s the insurance companies being generous, but it is more because if the repairs are subpar and you end up having to repair your car again later, the insurance company can say you chose the mechanic so they are not liable for any further damages.  For this reason, if the insurance company that you are dealing with has certified dealers that guarantee their repairs you should take your car there to make sure it gets repaired right.  Also keep track of any transportation costs you incurred as a direct result of the crash, including rental cars or having to use a car finder service to get a new car.

Determining Compensation in Serious Accidents

If you’ve had a serious car accident that involves either complex property damage or significant bodily injury, it would be advisable to hire an attorney.  In these auto accident claims, there is also significant pain and suffering damages involved.  Pain and suffering can be a hard number to arrive at because it depends on a variety of factors such as age, severity of injuries, and your future prognosis.  It can be hard to get the full amount that you deserve in cases like this without the use of a lawyer.

In addition to being able to more accurately gauge the amount that you are owed, lawyers also have more experience in negotiating auto accident settlements.  This experience is much needed in complex cases where pain and suffering damages can be very flexible and it takes a lawyer who knows how different factors will affect what a jury, and thus the insurance company is likely to award you.

Minor AccidentHow difficult it is to find the right car accident compensation for you is determined by how complex and severe your case is.  If you have a simple case just involving property damage, you should be able to talk to insurance companies on your own.  But if you case involves significant bodily injury or pain and suffering damage, you should consider hiring a lawyer to protect your rights.

If you are planning on trying to come to a settlement with an insurance company on your own, you need to be aware that every auto accident insurance settlement is essentially a negotiation. You and the insurance adjuster working on your case are essentially deciding on the price of your lawsuit. A successful conclusion to negotiations is favorable to both parties. You stay out of court and get you money and peace of mind sooner and the insurance company avoids paying legal costs to defend itself in court. Unfortunately, however, insurance adjusters haggle auto accident settlement cases for a living, where you most likely have another occupation. Luckily there are several things that you can do to tilt the bargaining scenario more in your favor.

Be Prepared

paperworkFirst, make sure that you are prepared before you ever meet with the insurance adjuster. Have pictures of the accident, copies of your medical bills, pay stubs proving lost pay, the names and numbers of doctors and witnesses and anything else you think might be relevant. If you are in doubt, bring it. The more thorough you are with your documentation, the better.   This will make filing your car accident claim much easier.  Next, total the amount of your medical bills, property damage, and the pain and suffering from any injury claims resulting from the accident you would like to collect (if any) and come up with a range of numbers that you will be willing to accept from the insurance company for your accident.

Negotiating Your Auto Accident Insurance Settlement

When you are actually in the room with the insurance adjuster for accident insurance negotiations, your goal is to get the adjuster to offer you more money to than he wants to. You do this in theory by making the adjuster think he’s still winning when he offers you the amount of money that you want. There are many different methods that you can use to achieve this that are used in all kinds of negotiations, from those between management and labor in companies to those used between countries. If you have experience in these kinds of deals, you will have a leg up in negotiations. If not, here are a few tactics that you can use.

The first method that you can use to aid you in bargaining is using the time tested diplomatic tool of brinksmanship. In this, you threaten to go to trial and clean out the insurance company. If the adjuster believes that this is an option, then he may be prepared to offer you more in a settlement. But, for this to work you must convince the adjuster that the threat of a lawsuit is real. Be creative and think of ways you can do this – perhaps by putting a lawyer on retainer or by acting a little bit crazy and not listening to reason about the case possibly costing more money than you would make – think Khrushchev pounding his shoe at the United Nations.

Another negotiation tactic that you can use is tying your hands so that it is impossible for you to accept any deal below a certain dollar amount. This can be done with the use of a lawyer, who you send to the negotiation with strict instructions not to accept any dollar amount below your minimum. A lawyer is not necessary however, you can financially tie your hands, saying that any amount of money below a certain level will drive you broke so you will not accept it as a settlement. Be careful when using this method though, if the insurance adjuster tries to tie his hands as well, you may very well end up at an impasse you will be unable to break.

These are just a few of the tactics that you can use to help you out to get the auto accident insurance settlement you deserve. While these will help, nothing will make up for proper preparation. With proper preparation you will have everything documented, insuring an airtight case that the insurance adjuster won’t be able to poke holes into. This will make sure that you get the most amount of money in a settlement more than anything else.

If you have been injured in an auto accident, you are entitled to seek damages from the other party as long as you are not one hundred percent at fault. This means, if it was determined that you were held seventy-five percent of the blame for the accident, you can still seek an auto accident injury settlement for up to twenty-five percent of your medical bills. However, you must be careful when trying to fill out your car accident claim because you may open yourself up to further lawsuits if you press your case too hard.

What To Do After the Accident

If you’ve been injured in an auto accident there are several things that you can do from the time of the accident onward that will insure you get the proper settlement amount.  First, get a ticket from the police officer showing who was at fault for the accident.  Immediately after this, seek medical attention if you feel like you’ve been injured. Insurance companies consider you injured if you seek treatment.   So make sure to do this immediately to remove any doubt that the injury actually happened after the accident.  Keep a copy of every visit to make to the doctor’s office for your records.  In addition to medical bills, also keep track of lost wages, check stubs, and any property damage that was incurred.  Finally, make sure to immediately write down the details of the accident so you can keep your story straight later.

When the Car insurance company of the driver that hit you contacts you, make sure to tell them that you are getting treatment. Don’t give them a recorded statement at this time either, it is not mandatory.  Make sure that as you are receiving treatment, you continue to keep track of all your medical records and amounts of lost pay.

Bargaining Your Auto Accident Injury Settlement

When you finally go to settle with the insurance company, you are able to collect damages for the percentage of the accident that was not your fault. So if the accident was one hundred percent the other drivers fault, you can collect damages for all your medical bills. There are no maximum or minimum car crash settlement amounts.

broken legDetermining the value of your medical records in a settlement may be very straightforward, but if you are entitled to pain and suffering compensation it can be harder to come up with dollar amount that accurate reflects what the accident cost you.  Pain and suffering losses are determined by both financial loss and mental anguish caused by the accident. Age, extent of liability, your medical prognosis, and how bad your injuries are all play into what your pain and suffering damages will be.  In smaller cases, you may be able to come up with this dollar amount on your own.  However, with larger cases you should invest the help of a lawyer who has experience determining what kind of damages you are able to collect.

Getting the right amount of money for your automobile accident injury settlement can be very tricky. If you have a large case involving severe injuries, it is highly advisable to enlist the help of a lawyer to help with your accident claim. If the case is smaller, or you share some of the blame, make sure you think twice about actually submitting the case. You could be opening yourself up to future lawsuits for your percentage of the damages and the damages you do receive may not be worth the court costs.

Everybody needs a challenge once in a while.  It gives you the adrenaline rush and sense of urgency that really makes you day much, much more interesting.  And what better way to truly test your mettle than to test it against a large insurance company with a dedicated legal department.  If you want to make your auto insurance claim as difficult as possible, follow these easy steps.

#1 – Don’t Immediately Get Medical Attention

In the insurance industry, it is considered that an auto accident injury is sustained when you go to seek treatment at a professional medical facility.  This is usually the emergency room, but can also be a chiropractor or massage therapist.  Many people seek attention directly after the accident, but you shouldn’t.  By waiting a few days you give the insurance company a loophole where they can say the injury was suffered in the days following the accident.  This will put the burden of proof on you to prove that the injury was sustained at the crash and not later.

#2 – Don’t Take Pictures of the Crash

If you don’t take pictures of the crash, you can’t threaten to use them in court if an insurance settlement falls through.  You also don’t have a record of the property damage to your car.  This puts you in a much weaker bargaining position where you can truly test how tough you are against those big, bad boys over at the insurance company.

#3 – Neglect to Write Down the Details of Accident and Persons Involved

This tip will really test what kind of a person you are.  Make sure that you don’t write down any of the details associated with the crash.  This ensures that every time you are questioned by the insurance company during their investigation into your injury claim you have to remember every detail of the crash, no matter how long its been since the accident.  The real test is making sure that all your details remain exactly the same sot that the company can’t cast any reasonable doubt on your story.  Not for the faint of heart to be sure.

#4 – Admit Guilt

What better way to put yourself at a disadvantage at the bargaining table than by admitting guilt?  Make sure you are adamant about it and admit that it was your fault to the police officer, bystanders, and other passengers and drivers involved in the crash.  It will definitely give you several interesting conversations with the insurance company when you try to recover some damages.  Not only that, once the police report the accident as your fault, your insurance premiums will skyrocket.  For womens car insurance this is a great way to close the gap with men, who regularly pay a much steeper price in insurance.

#5 – Throw Away the Police Report and Other Papers Related to the Auto Accident Claim

don't throw awayPaper documentation is for the weak of heart.  Throwing away the papers that are relevant to your accident may allow the insurance company to say there’s no way that you can prove that you are owed the amount of money you say you are.  But this just gives you a chance to play the ace that you’ve literally been keeping up your sleeve and say “I got your proof right here” and flash the guns.

#6 – Stay Silent to Your Insurance Company

Sure, you could tell your insurance company that you’ve been in a crash so that they assign someone to investigate it, but that would just defeat the purpose of taking on the insurance company yourself.  Besides, they’ll be happy to hear about it from the other driver’s insurance.

#7 – Don’t Hire a Lawyer for Big Cases

This seems almost like its implied if you’ve followed our advice so far, but this is where many people falter.  If you’ve been actively trying to screw up your auto accident claims, don’t let some fancy, smooth-talking lawyer convince you that you need his help to get a fair settlement to your claim because he has experience in negotiating with them.  You’re doing just fine on your own, thank you.

If you followed our advice, you no doubt are about to have many sleepless nights wondering how you are going to pay for the medical or property damages related to your auto accident.  It may seem like you will never get the auto accident settlement you want.  But what you’re losing in sleep you’re gaining many times over in excitement!