Research Your Lawyer

Just like with any other attorney, whether it is a personal injury or whiplash lawyer, make sure that you do your research on the lawyer you plan on hiring before you file your claim.  Once you’re getting ready to file your claim and have decided to use a lawyer, ask around among people you know such as your friends and family and see if they have any recommendations for a good lawyer.  If not, the internet is also a good source for recommendations and information as well as the local yellow pages.  Try to find out as much as you can about each lawyer beforehand so that you can ask informed questions during the next step.

Meet Your Accident Claims No Win No Fee Lawyer

The next thing that you will need to do is meet the lawyer that is going to be handling your auto accident settlement.  By this time, out of the recommendations that your friends and family have made and recommendations that you have read on the internet and in other places, you should have trimmed them down to just a few lawyers that you are going to meet with.  It’s important that you do at least a small amount of background research on these lawyers and your case so that you can ask them about their services and how they will try your case to get the most amount of money from it.

Ask your potential lawyer every question that you can possibly think of, from how likely it is that he thinks it can be settled to when you will be getting your money.  This is the time when you should also make sure that you are very clear on the fees that the lawyer plans on charging.  Fees for no win no fee accident claims can vary from ten percent to twenty five percent of the total amount of your claim.

This isn’t to say that you should always take the lawyer with the lowest fees however.   Many times you will end up getting what you pay for and a better lawyer will cost you a little bit more money.  But, only look at this as a few percentage points, otherwise the fee will be greater than the amount that the lawyer can actually win you extra with his experience.  Carefully weigh all your choices.

Sign the Conditional Fee Agreement

After you have decided on which lawyer that you want, the final step for you to take is to sign the conditional fee agreement that will establish the lawyer that you want as your no win no fee lawyer.  This will be binding and usually greatly limit your options to seek legal help elsewhere, so make sure that you think long and hard before you sign this agreement and you know all of the terms and conditions involved in it.

Finding a no win no fee lawyer for your auto accident claim can be easy, however finding the best one that gives you the most value for your money can be a little bit harder.  But, if you take the time to do it, you’ll end up with a  bigger settlement that will go a much further way to compensating you for the injuries that you suffered.

You should be aware of what to do in the event that a similar accident ever happens in your presence. The first thing that should be done is to bring the car to a total stop and use any available camera to take pictures of any damaged. Both vehicles should be photographed in detail and this will help to prevent any accusations that damages have been added after the accident. Storing a disposable camera in the glove compartment is a great idea that any driver will benefit from. This is useful because the pictures will include a date stamp that can be used to verify the validity of any damage claim. These are more useful than cellular phone cameras because the photos are higher quality and this allows the smallest detail to show up. This is important when providing damage because they may need to show such problems as a scratched paint job and a high quality camera will be needed for this. These cameras are inexpensive to buy and they can be thrown away when fully used. They typically store 24 pictures and this is enough to photograph each vehicle in detail.

Another important thing that should be done is to examine the scene for anyone that could be a potential witness to the accident. Asking these people for a statement would be very helpful. However, this is something that you could simply allow the cops to conduct after writing down the name and phone number and anyone that may have any perspective to offer on the accident.

Since the other driver is already gone, you can’t exactly exchange information as you normally would.  Try to ask any present witness if they could provide the license plate number. If this is not possible then you should contact the police about this accident right away and inform them that driver has fled the scene of an accident.  Sit tight and wait for the police to show up so that they can verify the accident happened.

Hit and run accident penalties are severe and can lead to jail time if the driver is located. In many states, this is considered a Felony and extensive amounts of incarcerations have resulted from cases of this type. Leaving an accident is a very serious crime and contacting the police is the best option available to a victim. If the driver is located then he may face extended time in jail in addition to being held liable for any damaged resulting from the accident in the resulting auto accident settlement.

If you’ve been in an hit and run and the driver is never found, in most cases your insurance should be able to cover your damages in an auto accident insurance claim.  However, you will need to take steps to make sure that this will happen.  Take pictures, try to find any witnesses that you can, and call the police to verify the accident happened.

Contact Your Insurance Company Immediately

Immediately after your accident, make sure that you contact your insurance company.  Most insurance companies have a toll-free 1-800 number that can be called at any time of the day or night.  These companies also sometime dispatch vehicles to your crash scene to make sure that you get all the information taken down and have the help that you need after the crash.

If your insurance company doesn’t have a number to call, at least make sure to call your insurance agent as soon as possible.  Inform them that you have been in a wreck and tell them your side of the story honestly and frankly.

Take Pictures and Keep Records

Either soon after or just before you call the insurance company, if it’s possible take pictures of the accident scene.  After the accident, make sure that you keep all the paperwork that pertains to the accident.  This includes any police reports, hospital records, rental car receipts, or anything else that might be compensated by your insurance company.  Too much information is always better than not having the one right piece that you need and facing a reduced settlement because of it.

Visit the Hospital if You Are Injured

If you think that you might be injured in the accident, make sure that you visit the hospital as soon after the accident as possible.  As with all the other paperwork you receive that relates to the crash, make sure that you keep a copy of it for your records as well as what doctors you saw.  Always follow all of your doctor’s advice and make sure that you aren’t violating any of your doctor’s orders.  If you’re healthy enough to stop your treatment or to play in the company softball game, it casts doubt on whether you were really injured in the first place.

Know the Ins and Outs of Your Insurance Policy

Make sure that you make yourself intimately familiar with your insurance policy soon after the wreck.  Know what’s included in your coverage and what’s not and what you are legally entitled to.  Remember , you’re paying the insurance company for this coverage, so they’re legally required to compensate you for everything that’s listed in your policy when you file your auto accident insurance claim.

Tell the Truth and Be Honest

Finally, when you’re filing your claim, make sure that you tell the truth and are honest.  Resist the urge to play up your injuries or make things appear worse than they already are.  If you treat insurance adjusters with a level of respect, odds are they will treat you with respect as well and if they don’t suspect you to be lying they most likely won’t go over every detail of your case with a fine toothed comb.  It will ensure that all your auto accident settlement negotiations go more smoothly.

However, you can always hire a lawyer as a recourse to make sure that your rights are protected if you do end up getting an insurance agent that is difficult to deal with or won’t compensate you for the injuries and property damage you sustained.

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.

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:

1. Keep all receipts related to towing and storage
2. Get two estimates of the cost of the damages to your car
3. If it’s possible, take your car to a certified dealer from the insurance company you are dealing with
4. Talk to the insurance company about obtaining a rental car
5. 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!

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.

How 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.

At The Scene of the Accident

When you are at the scene of the accident and after you have made sure that everyone involved is safe and not seriously injured, make sure to take a few pictures of the accident. They don’t have to be perfect and the camera on your phone will most likely to more than enough. This will help document the damages to your property and also if your car is in particularly bad shape, can be used at a trial as evidence if the need should arise.  Every piece of evidence you collect will many any insurance settlement you try to reach later much easier.   Call both the police and the insurance company.

When the police arrive make sure to get a copy of the accident report and keep it in a safe place. It should show who is at fault for the accident. If you feel that you may be injured in any way, shape, or form, make sure that you inform the officers and immediately get treatment for it. You may be able to ride in an ambulance or you may need to drive yourself to a doctor’s office or emergency room.

After the Accident

If you did sustain bodily injuries, it is just as important to keep records of all the medical treatments that you receive afterward as it was at the scene of the accident. Keep track of both the time you spent in the doctor’s office and the time you spent traveling to and from the office. If you missed work as a result of your injury, also make sure to keep track of your lost pay stubs as well.

If your car needs repaired, the easiest option is to take it to a dealer certified by the insurance company, if they have them. The parts that they repair will be certified. If this isn’t an option, take the car to your mechanic, you should be able to choose, and then have the car inspected again by a different mechanic after the repairs are made. This will ensure that none of the parts are repaired improperly and if they fall apart a few days after the accident, you won’t be liable for the repair costs.

Recap: The Six Tips to Filing a Car Accident Injury Claim

1. Take pictures of the scene of the accident
2. Make sure the police and your insurance company are informed
3. Immediately seek treatment
4. Keep records of all documentation dealing with the crash
5. Take your car to a certified repair shop
6. Have your car double checked at another shop once it is repaired

#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

Paper 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!

Attorney or No Attorney?

The first major decision that you will have to make when dealing with car accident claims is whether or not to hire an attorney to work on your behalf.  This will many times depend on the size of your case and the cost of the lawyer.  If your case is complicated or involves a large settlement amount, it will most likely be worth your money to hire an attorney to litigate the case and negotiate with the insurance company on your behalf.  However, if your case is fairly straightforward and easy to understand or involves a fairly small settlement amount, it may not be worth the money to hire an attorney.  Whatever you can in the settlement from having the attorney negotiate for you will most likely be offset by the attorney’s fees.

There are several things that an attorney will do for you during an auto accident injury settlement.  They will take care of gathering all the necessary information and submitting it to the insurance company.  They can also more accurately determine the amount of pain and suffering damages you can ask for and also are aware of all the rules that are designed to protect your rights in the case.  Attorneys may also know several people in the insurance company you’re dealing with, increasing the odds of a settlement in your favor.  Finally, and most importantly, attorneys have lots of experience with insurance negotiations.  This experience will let them negotiate harder and will ensure that you will mostly likely get more money in any settlement than you would if you negotiated for yourself.

You will have to weigh the pros and cons of hiring a lawyer on a case by case basis.

Filing an Auto Accident Insurance Claim

Before you get to the settlement phase of any negotiation, you must first file an insurance claim after the auto accident.  What you do in this step and how thorough you are with the information you collect will directly affect how much money you will be able to receive in any settlement.

First, immediately after a crash make sure you take pictures of the accident and the surrounding area.  Make sure you keep these backed up and private as an ace up your sleeve to use in any negotiations with the insurance company.  Also get a copy of the police report and any tickets that assign blame for the crash.  Finally, think you may be injured in any way make sure you visit the emergency room.  Whether or not you seek care from a professional is how insurance companies determine if you were injured or not.  If you do not seek care immediately they can make a case that the injury was caused by something other than the car crash.

If you need continuing treatment for any injuries sustained in the crash make sure that you keep copies of all of your medical records.  Also keep records of any lost wages from work and time and money spent traveling to and from the treatment facility.  All of this documentation will come in handy during negotiations.

If your car was damaged in the crash, make sure you take it to a body shop that you trust and that you keep all records of what was repaired.  Some insurance companies have certified body shops that you can take your car to so that in the event the repaired part fails you are covered.  If you decide to go to a different body shop, it would be wise to have a second shop double check your car to make sure it is repaired correctly.

Negotiating Auto Accident Settlements

If you have done the steps above and kept thorough records of everything dealing with your crash, you will be in a much better position to negotiate your settlement with the insurance company.  Remember that an insurance settlement is really a negotiation between you and the insurance company.  You and the insurance company are essentially deciding on the price that it will take to keep you from taking your case to court.  The negotiation strategies that are used in business, politics, and other arenas will work here, so if you are an experienced negotiator, you will have an advantages over other when it comes to this stage.

The first thing you should do before heading over to meet with the insurance company is to determine a range that you think is acceptable to you to settle the claim.  This is your “win set”.  The insurance company will have made one of these up as well, and it will undoubtedly be lower than yours.  In general, your goal should be to move the insurance adjuster’s win set so that it is inside yours and you get the greatest possible settlement.  The insurance adjuster will be trying to do this as well, but to get your to agree to the least possible settlement.  There are various tactics you can both use.

Remember in automobile accident settlements you are selling to the insurance company your rights to take them to court over the auto accident you suffered.  Any information that you can present that would strengthen your case in the eyes of a jury and cause them to reward you more money will strengthen your bargaining position and usually cause the adjuster to bump up his price.  This can include photos of your crushed car, evidence that the other party was under the influence, and other factors.  Having all your paperwork in order also strengthens you position because there are less holes that the insurance company can poke into your argument over technicalities.  When negotiating, always have the insurance company make the first Finally, hiring a lawyer also strengthens your position.  Not only is the lawyer more experience at negotiations, hiring a lawyer also sends a message that you are not afraid of taking the case to trial if the settlement offered by the insurance company is not adequate.

The insurance company will also have several tricks that they will use to make your car accident compensation lower.  The first is the long amount of time you must usually wait to receive any money.  This is not always the case, but companies are aware that most people will need the money from their settlement to pay off medical bills and make up for lost wages.  By making you jump through more hoops during the settlement process and delaying their actions, they make you more and more desperate for money and more likely to accept any settlement they offer.  They will also attempt to cast any doubt they can on your claims if you do not have the adequate paperwork.  This is why it is very important to collect the right paperwork during all the different phases of your accident and settlement.

Auto Accident Settlement cases can be very difficult for the average person to deal with, and the inexpensive car insurance companies most people have can be the most difficult because they need to keep premiums down.  If you are having trouble dealing with the insurance company and aren’t sure if you’re getting the right amount for your claim, make sure to contact a lawyer and seek professional legal advice.