What You Need to Know About the Car Accident Settlement Process
Following a car accident due to another driver’s negligence, you have every right to seek justice and compensation through a personal injury lawsuit. The compensation awarded can cover crucial immediate expenses, such as medical bills and lost wages. This compensation can also cover other damages suffered by the victim, like mental pain and suffering.
However, you might be wondering how exactly the car accident settlement process works. The process is often more extensive than simply submitting a claim to the other driver’s insurance company and receiving a check.
Many times this process involves a lengthy investigation and a back-and-forth between you and the insurance companies. Having an experienced car accident attorney on your side is recommended to ease any burdens faced during the process, especially if it appears a lawsuit is needed.
The Investigation Phase
After filing your claim, the other driver’s insurance company will conduct an investigation, which is usually completed by a claims adjuster. This investigation will involve an extensive review of every piece of evidence submitted for your claim.
Pieces of evidence that will be reviewed can include:
Any official police reports
Photographs of the scene, your car, and the other car
Statements given by you, the driver, and witnesses
Medical records when applicable
The Insurance Claim
After the insurance company has reviewed the evidence, they will then either approve or deny your claim. If the insurance company approves your claim, then they will make you a settlement offer.
At this point, both parties will likely have to negotiate to come to an agreement. Having a lawyer by your side can help you determine if the settlement the insurance company is offering is sufficient enough in terms of covering all your immediate and future expenses.
During this phase, you might also be advised to send new information pertaining to the accident. One example may be testimonies from experts, such as an accident reconstruction specialist or your doctor.
If, and when, both parties come to an agreement, you can expect a settlement check to be issued within 30 days. In the case where the insurance company denies your claim, then you may have to make an appeal with the claims adjuster, which will lengthen the process.
The Lawsuit Process
There are times that an initial car accident claim gets denied or you’ll receive an offer that seems too low and the insurance company is unwilling to negotiate.
In these scenarios, drivers might decide to start filing a lawsuit against the other driver. In these situations, an Edinburg personal injury attorney can help you with the process. Most car accident lawsuits are filed within a Circuit Court, either where the accident happened or where the other driver resides.
The Lawsuit Settlement Process
Although some car accident cases do make it to court, the vast majority are settled long before this happens. The lawsuit settlement phase can actually be very similar to the initial insurance settlement phase. However, the big difference is that now you have a lawyer advising you and negotiating on your behalf.
With an experienced lawyer on your side, you’re more likely to get through to a claims adjuster. The right attorney can also help negotiate a better settlement that reflects your immediate and future needs for adequate compensation.
Of course, if this doesn’t work, it’s also possible that your case may end up in court, but this is rarer.
Get Insurance Help From The Law Office of Bobby Garcia
The car accident settlement process can be hard to navigate and may require a few steps. To make the process easier, you can consult with our Edinburg law firm.
We have experienced and qualified car accident attorneys that can assist you. From helping you navigate the initial insurance settlement process to negotiating with the insurance companies, our team is here to help.