You have been injured in an accident and, and after a 40-day wait, you are finally given a settlement offer. The question is, should you take it? You want to make sure that you are compensated for your injuries and damages to your car, and that you have not been taken advantage of by a greedy insurance company.
How much an insurance company must pay in the case of an injury accident depends largely on the insurance laws of the state in which you had your accident. You will need the assistance of a good personal injury attorney in your state to know whether or not to take the settlement in the first place. An attorney can also advocate for you in the likely situation that you are entitled to more money.
1-800-INJURED can put you in contact with a qualified attorney in your area. We can also put you in contact with the medical professionals you will need to assess your injuries and how much those injuries will cost you over time.
What to do When you have had an Accident
When you have an accident, you should always remain at the scene until the police arrive, exchange information with the other driver and talk to anyone who may have seen the crash. Never admit to guilt at the scene. Even if you think the collision may have been your fault, there may be some circumstances, such as weather or the other driver’s actions, that may have contributed to the crash.
Filing an Insurance Claim
You should call your insurance company as soon as possible. Give them all the details that you have, but do not let them trip you up. Insurance company claims adjusters are trained to ask leading questions that may make you say something that you don’t really mean. In some states the adjuster may ask you to give a recorded statement, you have the option to say no to making this statement. If you decide to give a recorded statement, remember to take your time in answering the questions. Some adjusters will try to take advantage of the fact that you are tired or in an anxious state after an accident.
How Much Should You Settle For?
Knowing how much to settle for after an accident can be tricky business. If you are like most people, you may be tempted to take the offer just to get the ordeal of the accident over with.
The insurance company is likely to try and lowball you with their first offer. Hence, you should never take their first offer. As a general rule, you want to settle for the amount of money that you would have been awarded if you had successfully sued the company.
If you are in a no-fault auto insurance state, such as Florida, your auto insurance company is expected to pay your medical bills after an accident. However, they may still try to find a way to pay you less than you are owed.
For example: If you went to see a back specialist and they charged more than the average back specialist in your state, the insurance company may try to pay you the amount of the average cost of a back specialist appointment, rather than the amount of your actual bill. A good attorney will be able to negotiate with the insurance company and get you the money that you deserve.
Types of Damages
There are two kinds of damages in a personal injury case: damages that can be calculated exactly, such as medical bills, and damages that cannot be calculated exactly, such as pain and suffering and time you have lost for family activities and doing work around your home. Your insurance company is likely to lowball you on intangible damages.
An experienced attorney can use their knowledge of the law to get you compensated for medical bills, emotional pain and other losses that may be difficult to quantify. Insurance companies have formulas to calculate compensation for emotional pain and suffering, and an experienced attorney will understand how these formulas work, and how they can work to your advantage.
Finding a Good Attorney
If you are seeking a car accident insurance claim settlement, you can find an experienced, qualified attorney on our website or call 1800-Injured to be connected with a lawyer. The lawyers in the 1800-Injured attorney referral network will fight hard for your money.
A car accident can be devastating, but the post-accident malaise does not have to last forever. Justice can be realized for those who are willing to fight for it.