Dealing with a car accident settlement can be a big hassle when you’re trying to get better and deal with medical bills and insurance claims. While you can try to do it on your own, having an experienced Atlanta car accident attorney can make all the difference. An attorney who knows Georgia law and insurance tricks can get you the money you deserve for your damages and make the car accident settlement process easy and painless.
An auto accident claim can have significant implications on health insurance and personal injury claims, especially through a process called subrogation. In this article, we’ll go over how to negotiate a car accident settlement and why having professional legal help can make a big difference.
The Insurance Company
When dealing with a car accident settlement it’s important to understand the insurance company’s point of view. Car accident cases often involve settling claims and navigating the complexities of the negotiation process. Their main goal is to pay out as little as possible and protect their bottom line. This can sometimes mean they’ll use tactics that aren’t in your best interest.
What’s the Insurance Company’s Primary Goal?
Insurance companies are profit-driven. Their main objective is to pay out as little as possible on claims. This means they’ll look for any reason to reduce your car accident settlement. Knowing this will help you negotiate better.
Insurance Adjuster Tricks to Reduce Payout
Insurance adjusters are trained to use many tricks to pay out as little as possible. Here are some of the tactics they might use:
- Quick Settlement Offers: They’ll give you a low initial offer to settle the claim fast. This amount is often much less than you’re entitled to.
- Pressure Tactics: Adjusters will pressure you into deciding before you have all the facts or have finished medical treatment. This can lead to hasty decisions you’ll regret later.
- Questioning Your Injuries: They’ll question the severity of your injuries or claim they were pre-existing conditions. This tactic is to undermine your case and reduce the amount you can recover.
- Delay Tactics: Sometimes adjusters will delay the process hoping you’ll get frustrated and take a lower offer just to be done.
Filing the Claim
Filing car accident claims as soon as possible after the car accident is key to navigating the legal and procedural aspects of pursuing compensation. Delays can complicate your case and make it harder to get a fair car accident settlement. Here’s how to get started.
Why File the Claim Soon
Filing your claim soon after the accident preserves evidence. Witnesses will forget details and physical evidence will deteriorate over time. Most insurance companies have deadlines to file claims. By acting fast you’ll protect your rights and meet all the deadlines.
How to Gather and Preserve Evidence
- Accident Details: Document the date, time, and location of the accident. Take pictures of the scene, including vehicle damage and any relevant road signs or signals.
- Police Reports: If the police were called to the scene, get a copy of the police report. This will have important information about the accident and will support your claim.
- Medical Records: Keep all medical records related to your injuries. This includes ER visits, follow-up appointments, and any treatment received.
- Witness Statements: If there were witnesses to the accident, get their contact information. Statements from impartial witnesses can be a big help to your case.
- Expenses: Track all expenses related to the accident, including medical bills, repair costs, and lost wages. This will be important when calculating your claim’s value.
Don’t Admit Fault
When in a car accident don’t admit fault at the scene or during any conversations with the other party or insurance adjusters. Various factors can influence the success of a personal injury claim, including medical treatment documentation, the statute of limitations, and components like ‘pain and suffering.’ Even innocent-sounding statements can be used against you later in the claims process.
Why Never Admit Fault
Admitting fault can hurt your ability to recover damages. If you admit responsibility the insurance company will use that to deny your claim or reduce the car accident settlement. Remember fault is complicated and not always clear-cut. Traffic laws, road conditions, and the other driver’s actions can all be factors in determining liability.
How an Attorney Can Help Determine Fault
A car accident attorney can give you clarity on fault. An experienced attorney will review your case, including police reports and witness statements, to build your side of the case. They can get evidence to support your claim and may even consult with accident reconstruction experts if needed. This professional insight is key to determining what caused the accident and protecting your rights.
Stick to the Facts
When negotiating a car accident settlement stick to the facts. Medical records play a crucial role in a personal injury lawsuit, serving as essential evidence for injuries, their severity, and the necessary treatment, and you have the right to file a personal injury lawsuit following an accident. Only providing factual information will help build your case and avoid complications later.
Only Provide Factual Information
Insurance adjusters and all parties involved in the negotiation process will scrutinize every detail of your case. They will look for inconsistencies or exaggerations that can hurt your credibility. So only provide what’s true and verifiable. This includes the accident, your injuries, and any related expenses.
For example, if you say you were injured in the accident, be prepared to provide medical records to back that up. Don’t make general statements or assumptions about how the accident happened. Instead, focus on the specific events that led up to the accident.
Don’t Speculate or Offer Opinions About the Accident
Speculation can hurt your case. Don’t discuss what might have happened or how you feel about the accident. Instead, stick to the facts. Describe what you saw, what the police report says, and any evidence you have.
For example instead of saying “I think the other driver was speeding” say “The police report states the other driver was cited for speeding”. This helps your credibility and your case.
Value Your Claim
Valuing your claim is a big part of the negotiation process. Settlement negotiations typically follow an accident claim, beginning with a demand letter and involving back-and-forth communication with insurance adjusters. It’s calculating all the different parts that make up your total losses. Knowing these components can make a big difference in your car accident settlement.
Medical Expenses, Lost Wages, Property Damage
Start by gathering all medical expenses related to your accident. This includes hospital bills, doctor visits, therapy sessions, and any future medical treatment you may need. Keep all receipts and documentation to support your claim.
Next, calculate lost wages. If you can’t work because of your injuries calculate the income you’ve lost. This should include the time you missed immediately after the accident and any future earnings you may lose due to the long-term effects of your injuries.
Don’t forget to calculate property damage. This includes the cost to repair or replace your vehicle and any personal property damaged in the accident. Get estimates from reputable repair shops to back up your claim.
Pain and Suffering in Your Claim Valuation
In addition to tangible losses, you can also seek compensation for pain and suffering. This is the physical and emotional distress caused by the accident and your injuries. While these damages are harder to quantify they are part of your claim.
To determine a fair amount for pain and suffering consider the severity of your injuries, the impact on your daily life and the length of your recovery. Some attorneys use a multiplier method where they multiply your total medical expenses by a certain number to get a reasonable amount for pain and suffering.
Working With a Car Accident Attorney
Dealing with a car accident settlement can be overwhelming, so hiring a personal injury lawyer can make a big difference in your case by playing a crucial role in negotiating car accident settlements.
Having a Car Accident Attorney
When dealing with the aftermath of a car accident hiring a car accident attorney can be priceless. An experienced attorney knows personal injury law inside and out and can navigate the system for you. They are familiar with the tactics used by insurance companies and know how to counter them. This expertise can make a big difference in getting a fair car accident settlement.
An attorney can also help you understand your rights. They will explain the legal process in your case and make sure you know all your options. This knowledge is key to making informed decisions throughout your claim.
How Professionals Can Get You a Better Settlement
Professionals bring a lot of experience to the table. They know how to present your case and can advocate for you. This includes gathering and presenting evidence to support your claim such as medical records, accident reports and witness statements.
Having an attorney with you can also reduce stress. You won’t have to deal with negotiations alone which can be overwhelming especially when dealing with insurance adjusters. Your attorney will handle communications and negotiations so you can focus on healing.
Work With an Experienced Atlanta Car Accident Attorney ASAP!
If you’ve been involved in a car accident and need expert guidance to secure the compensation you deserve, don’t navigate the legal process alone. At GMV Law Group, our experienced team of Atlanta car accident attorneys is here to fight for your rights and help you achieve the best possible settlement. We have a proven track record of successfully negotiating with insurance companies and advocating for our clients.
Contact us at 404-975-4878 for a free case review!
