Even when the other driver may have caused your
car accident
, you usually will not be dealing directly with them to settle your claim for damages. Typically you will work directly with the at-fault driver's insurance company, making what's called a "third party" claim against their liability car insurance coverage. (note: you might end up filing a claim with your own insurance company if you live in a no-fault car insurance state, or the other driver is uninsured , or you're using your collision coverage.
)when you're making a car insurance claim with the other driver's insurance company, it's important to keep two key points in mind:.
Dealing with the aftermath of a car accident can be a stressful situation. In many cases, drivers find themselves entangled with insurance companies to get claims paid in a timely fashion. If you're wondering how to negotiate an insurance settlement for your car, it's important to know what information the insurance company needs and how to increase the chances of a successful outcome.
You could decide to use your own insurance for car damage, rather than dealing with the other person’s insurance company. If you have collision insurance , you can use it for car damage caused by someone else. The downside is that your insurance check will be reduced by your collision deductible amount. You might get that deductible amount back later if your insurance company goes after reimbursement from the other person’s insurer. If you have rental reimbursement coverage , you could tap that as well for a rental while your vehicle is in the repair shop for a collision claim.
How to Settle a Car Accident Claim
No matter how detailed or fair you are when making your claim, the insurance company may try to fight its way out of paying the amount you believe you are owed. That is because insurance companies try to make money, and they don't want to pay more than they think they have to. Try not to feel as if you're asking for too much if you are doing everything right.
Negotiating can be stressful, but it's the only way to settle a car accident claim. The insurance agent may ask you to settle the claim before repairs are made.
One of the best ways to avoid saying something that could wreck your car accident claim is to let an experienced attorney do the talking for you. Car accident lawyers like those at our firm are all too familiar with the insurance company’s tactics, and we have developed all kinds of counter-methods to help maximize our clients’ claims. Insurance companies do not want you to get an attorney involved in this situation. They may even try to make you think you have to talk to them before calling a lawyer. You don’t. You are absolutely within your rights to reach out to your attorney of choice before dealing with insurance after an accident.
If you get into a car accident, first, if possible, move your vehicle to a safe location out of traffic — and make sure you don’t leave the scene! if you can’t move it, that’s okay. Turn off your engine and get out of the vehicle if you can. Then check if anyone is hurt and call 911 if they need medical assistance. Even if no one is seriously injured, you should call the police and report the accident. Next, gather the correct information and details about the accident, so when it comes time to file a claim and work with insurance companies you have everything written down and pictures you can use as evidence.
Report and Initiate the Settlement Claim
In conjunction with step one, you should keep a file of records about your car accident that is organized chronologically. This file should include a police accident report if one exists, records of doctors’ visits, bills for car repairs, photographs of the claimed damages, and anything else relevant to your accident. Keeping physical and digital records of everything listed above is also heavily recommended. You will rely on these documents often during negotiations, and having them readily available can help expedite the settlement process.
If you’ve been involved in a car accident, you’re going to have to file insurance claims for the injuries you sustained, as well as for the damage to your vehicle. This means that, at some point, you’re going to come in contact with insurance claims adjusters. By definition, an insurance claims adjuster is employed by an insurance company to “adjust” or settle an insurance claim. This means that they have to conduct an investigation into the claim; in this case, a car accident. They then prepare a report on their findings and are empowered to conduct settlement negotiations with the claimant.
The adjuster is like the insurance company’s investigator of the accident. They inspect your car, analyze police reports, interview witnesses, gather medical bills and damage estimates, and more. After the adjuster has collected details, they will make an estimated offer for claim settlement. You can ask the adjuster to explain the proposal. If you think repair or medical expenses will be more than the offer, you can attempt to negotiate. Here are a few tips for working with the adjuster: try to be there when the adjuster visits don’t make any permanent repairs until the adjuster has finished inspecting the damage
if the accident in which you were involved resulted in injuries, all those who were injured should immediately obtain medical care and should consult an attorney who is experienced in handling injury cases. If only property damage to your vehicle or its contents was involved or you had only very minor injuries, this kit answers most of the common questions that may arise regarding how to resolve your claim. When only property damage or minor injury occurs, a lawsuit with attorney involvement generally is not practical. Even a lawsuit that you handle without a lawyer’s assistance may not be a reasonable option.
Recovering compensation requires you sending a demand letter to the car insurance company handling your case. However, before you send the letter, you must first accurately determine the value of your claim, which will include calculations for the following damages: medical care-related expenses and costs the total wages or salary you have lost due to an inability to work any permanent or long-term disabilities brought on by the accident pain, suffering, and other intangible damages the cost to repair or replace your vehiclethe costs to repair or replace any other property that has been affected by the accident without a proper, full, and documented account of your damages (or an attorney), you will not receive a fair settlement.
Negotiating compensation for your pain and suffering after a car accident can be challenging, but by negotiating with patience and persistence, you should be able to reach a compromise with the insurance adjuster. How much you are willing to compromise is a personal decision. Once you’ve successfully negotiated your hard costs, it might be hard to come down too much from your original demand for pain and suffering damages. It helps to know you can consult with a personal injury attorney at any time during claim negotiations. Sometimes, getting an attorney involved is all it takes for the adjuster to stop playing hardball and offer a fair settlement amount for your pain and suffering.