In a car accident settlement, what should you ask for?
by Resource Contributor
A car accident is frightening enough on its own, but the headache that follows can be even more so. Your car may be totaled, you're probably in agony and unable to work, and now you have to deal with your insurance company or that of the other motorist.
You're probably vowing that you'll never drive again so that you don't have to deal with this type of anxiety again. You know you need to get compensated for a car accident in California that wasn't your fault, but where do you begin? How will you know what to ask for in the event of a vehicle accident?
In a car accident settlement, who pays?
The first thing to remember is that when you submit a personal injury claim for a vehicle accident, you are filling it with the insurance company of the at-fault motorist (or another responsible party). You're requesting that the insurance compensate you for the losses that its policyholder caused.
When you send the insurance a demand letter, they must assess if your claim is fair and whether the other motorist is responsible for those costs. The insurance company may reject your claim and take you to court.
What to Request
Car accident settlement may be difficult, and determining an acceptable sum is difficult. Following are some of the aspects that must be carefully examined to arrive at a reasonable settlement sum following a vehicle accident:
● Damage to a vehicle's overall cost
● Your bodily discomfort and anguish
● The overall amount of your medical bills as a result of the accident.
● The percentage of the collision that was caused by each motorist (often called comparative fault)
● Your injuries' severity
● Your mental anguish
● The amount of money you lost while you were recovering.
If your vehicle is involved in a collision, you may be entitled to compensation. You'll demand that the insurance company compensate you once you've arrived at a figure that you feel is a reasonable appraisal of your losses. The insurance company will either accept your figure, negotiate a different one, or refuse your claim.
It takes a certain degree of finesse and expertise to arrive at the ideal settlement sum. That's where a car accident lawyer may help.
Is it possible for me to refuse a low-ball settlement offer?
You have the right to turn down a settlement offer and ask for more money. If an insurance company representative claims differently, ask them to explain why and reference the state or federal rules that prevent them from paying you more money.
If you refuse a settlement offer and do not want to deal directly with the at-fault driver's insurance company, your lawyer can negotiate on your behalf. Your lawyer can then ask for more money and negotiate with the insurance company to get a greater settlement offer that covers all of your injury-related costs.
Is it possible to haggle for more money?
You do not have to accept a lowball settlement offer from the at-fault driver's insurance company just because the at-fault driver's insurance company offers one. You have the right to ask for more money and to bargain for a better deal.
Doing it on your own, though, might be incredibly difficult. This is because insurance adjusters, negotiators, and their attorneys have typically dealt with such complicated legal situations for years. As a result, they're usually well-versed in the rules and regulations that govern settlement claims, as well as how the settlement process operates.
When dealing with insurance companies and their attorneys, having an experienced attorney on your side can help level the playing field. Your lawyer can help you negotiate a settlement offer and seek more pay to cover all of your injury-related costs. Your lawyer can help you negotiate a settlement offer and seek more pay to cover all of your injury-related costs.
What choices do I have if I decline a settlement offer?
You have numerous alternatives if you decide to reject a lowball settlement offer from the at-fault driver's insurance company:
● Request more remuneration.
● Make a superior settlement offer via negotiating.
● File a lawsuit against the insurance company of the at-fault party.
The last choice can be difficult, but it may be the best way to get the reimbursement you deserve for all of your injury-related expenditures. It's vital to keep in mind, though, that you only have a limited period to file a lawsuit.
Helpful Links:
• Christian Legal Society
https://www.christianlegalsociety.org
• The Library of Congress’ website:
https://www.loc.gov/law/help/guide/states.php
• Civil Pro Se Forms
https://www.uscourts.gov/forms/civil-pro-se-forms
• Federal Rules of Civil Procedure
https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure
• Public Access to Court Electronic Records (“PACER”) system
Disclaimer: The information contained in this article is offered for educational purposes only and is not intended to substitute for legal advice and is not customized to your particular needs. Before undertaking self-representation, we urge you to consult with an attorney licensed to practice in your state.
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