Car crashes and other auto accidents can bring considerable stress to those affected. Not only do they result in a loss of property, but they can also have a significant impact on your overall health depending on the severity of the accident. As such, it's important that you understand how to properly settle your insurance claim. You may have been misled to believe that all claims take place in a courtroom; however, it's actually in your favor to settle these claims out-of-court. The tips below will help you to do this.
When Should You Make a Claim?
If you've recently been involved in a car crash, you'll likely be wondering how long you should wait before making your claim. As a rule of thumb, the quicker you get your claim registered, the better. With that said, you should make sure you have a clear head and have all of the required documentation ready to go so that you don't waste time when looking for your settlement.
Therefore, make sure that you have all of the following before filing your claim:
- Police report(s) of the incident.
- Witness statement(s) of the incident.
- Photographs of the car damage and personal injuries if applicable.
- Your medical records and/or bills.
With car accidents, a lack of evidence can cause the decision to go against you. Judges won't consider your side of the argument unless you have substantial evidence to back up your claims.
How Much Should You File For?
Obviously, this depends entirely on the severity of your situation. However, you have to realize that the 'bartering' system of negotiation in car accident claims isn't worlds apart from any other form of negotiation.
This means that you should always aim high with the intention of settling for less. Your open 'offer' will likely be brought down a notch, so it's in your favor to demand more than you expect. Typically, your insurance company will offer less than they are truly willing to pay, so you may end up in a back-and-forth cycle of negotiation for some time.
This cycle will continue until the claim is resolved or it is decided that the claim cannot be settled. As such, it's important to know when to keep pressing on and when to accept the offer on the table.
How Long Should You Negotiate?
In an ideal world, negotiations will continue until both parties are happy with the offer on the table and will settle accordingly. However, the real world doesn't work like this. The amount you settle for will depend on your (and your attorney's) expectations on how much the claim is worth.
You shouldn't settle for significantly less than you want initially purely to get the case out of the way. If your attorney feels that your case is strong enough, they will be more than willing to press on and take the case to court. However, be savvy! If your insurance company offers you a settlement that is in the ballpark of what you were aiming for, then settling the case out-of-court can save you a lot of time and stress.
What If It Can't Be Settled Out-of-court?
If your insurance company simply won't budge, then your case will likely end up in court. This is actually quite rare, as insurers understand the cost of court cases and will try to wrap up negotiations before it comes to this.
With that said, some auto accident cases do end up in the courtroom. The problem with this is that juries can be extremely volatile in nature - give five juries the same case and they'll all give you a slightly different answer. This means that even the strongest of cases have a chance of failing as juries are an unknown aspect of the trial that can't be factored in to any pre-trial preparations. As such, if you think your case will end up in court, you had better be prepared for any outcome.
If you're looking for an accident attorney, call George T. Bochanis Law Offices.
