Will I Automatically Get a Car Accident Settlement?
People injured in car accidents because of the negligence of another driver have the legal right to file a claim. The claim will seek compensation for their losses. This right should not be conflated with a guarantee; people injured in car accidents will not automatically get a car accident settlement. In fact, not all insurance claims for car accidents result in settlements.
At-fault insurance companies will do just about anything they can to weasel out of paying a fair settlement. They will use the lack of damage to your vehicle or your prior medical history to claim that you could not have been injured by their driver. This is why it is so important to seek the help of an experienced car accident lawyer. A lawyer will know all the insurance industry tricks.
Will I Automatically Get a Car Accident Settlement?
The purpose of a car accident settlement is to compensate the injured party for their losses. These losses include all medical bills, lost wages, and pain and suffering. In general, the severity of the injuries and the extent of the property damage combined with the way fault is assigned by the insurance companies will determine the settlement for a car accident. While there is no guarantee of any settlement, your claim will be worth a certain amount.
Do not accept any settlement offer from the at-fault insurance adjuster until you know the full value of your claim. Once you have accepted their offer, you will not be able to recover any further compensation down the road. Protect yourself by seeking guidance from a car accident lawyer. They can help you calculate your damages and the true value of your claim.
Mine or theirs? Which insurer to file a claim
The first step to getting a car accident settlement is to file an insurance claim with the negligent party’s insurance company. If you have Personal Injury Protection (PIP) then you may wish to file a claim with your own insurer as well. This way, your medical expenses will be covered as you receive services up to the limit of your PIP coverage. Your insurer will then seek to be reimbursed by the at-fault insurer for the money they spent on your medical treatment.
When an insurance claim is filed, the insurance companies will begin the process of assigning fault (blame) for the accident. Their preference is to start by reviewing the police report of the accident but they may conduct their own investigation. In some cases, fault may be shared for the accident. Because Washington is a comparative fault state, if you are assigned some blame, any settlement you receive would be reduced by your percentage of fault. If you do not believe that the share of fault you were assigned for the accident is fair, then the best thing to do is contact a car accident lawyer for help.
How coverage can affect your car accident settlement
Typically, the negligent driver’s insurance should cover your losses. However, in some cases the negligent party does not have enough coverage or doesn’t have any insurance at all. In situations where a settlement cannot be negotiated out-of-court or the at-fault driver’s insurance doesn’t adequately cover your losses, you may also have the option to seek a jury award through a personal injury lawsuit. Seek the help of a personal injury attorney who can competently take your case to trial, if necessary.
Seek the help of a car accident attorney
Contact a personal injury lawyer to discuss your legal rights if you or a loved one is injured in a collision due to another’s negligence. Let an experienced car accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
