Not all auto accident insurance claims result in a settlement. The severity of your injury and who is responsible will usually determine your compensation after a car accident. While you don’t always get a car accident settlement, you always have the right to file a claim and seek compensation.
Do You Always Get a Settlement From a Car Accident
Before you can receive monetary compensation, you must make an insurance claim with the negligent party’s insurance company or your own company. Usually negligent party insurance should cover your losses, but in some cases negligent drivers do not have adequate insurance or no insurance at all. You can also share some of the blame for the accident. In this case, your settlement will be reduced by the percentage of your fault if you live in a state that follows comparative negligence laws.
While you don’t always get compensation in a car accident, you may also have the option of seeking a court-imposed amount through a personal injury lawsuit. Your injury must be serious enough to warrant legal action, and you can do so even after insurance coverage has expired.
Investigating the Accident
The process of seeking insurance benefits begins with an accident investigation. Police conduct investigations when they arrive at the scene of an accident, and insurance companies can then conduct their own investigations in the event of a claim. The main purpose of this investigation is to find out who caused the accident or what percentage of accidents were caused by each driver. An investigation may even reveal that a third party is guilty.
If you feel that the insurance company did not adequately assess your part in an accident, you have every right to hire an auto accident attorney to further investigate the accident. Depending on the specifics of your case, there may be times when the first offer the insurance company gives you is an unfair amount based on your losses.
Assessing Losses
Depending on the extent of your injury, you may have racked up significant medical bills and lost paychecks by taking time off during your recovery. Serious injuries usually require hospitalization, surgery, and long-term rehabilitation treatment. According to the Centers for Disease Control and Prevention (CDC), car accidents result in hundreds of thousands of emergency room visits each year.
Some states have laws that allow victims to file personal injury suits for serious injuries resulting in significant damages. This is partly because the cost of these losses can easily carry over to future victims. Chronic illness and debilitating injuries can continue to cost victims thousands of dollars in medical care. According to Pain, widespread chronic pain can last up to a year after a car accident. Prescription drugs, therapies, and other forms of treatment can add up over the years.
When filing a personal injury lawsuit, you want to make sure that you are seeking a fair financial recovery for your losses. The purpose of insurance settlements or court offers is to help victims recover their economic and non-economic losses after a sudden tragedy. The last thing you want to settle for is a settlement that doesn’t adequately compensate you for your suffering.
Negotiating with Insurers
The insurance company may immediately reject your claim or offer a settlement that does not compensate you fairly. You have the right to appoint an attorney to negotiate with the insurance company on your behalf. During negotiations, you may need to provide proof of your losses, so keeping medical bills and prescription receipts can help you prove your losses for your claims.
It’s important to note that accepting offers from insurance companies often precludes you from seeking additional compensation in court at a later date. One of the reasons people seek legal advice and representation is to help them find appropriate compensation while focusing on their health and recovery.
Ben Crump Law, PLLC Wants to Help
If you suffered severe injuries due to a negligent driver, you deserve to seek fair financial recovery from them through an insurance claim or personal injury lawsuit. Even if you bear partial fault for the accident, you may still qualify for compensation for your losses.
While you do not always get a settlement from a car accident, you have the right to seek legal support while investigating your options. We advocate for car accident victims who suffered severe injuries through no fault of their own. For your free consultation, call us today at 800-691-7111.
