In addition to the pain of being injured, getting into a car crash can destroy your finances, impact your ability to work, and disrupt your peace of mind. Insurance companies are good at swooping in fast to offer a quick settlement offer, but the truth is, those first offers are rarely fair. To maximize your compensation for injury, you need to understand the process, anticipate the tricks insurers use, and take steps to protect the true value of your claim.
The first hours after the crash matter
What you do immediately after a car crash sets the tone for your entire claim. Evidence fades fast and making mistakes can cost you later. It’s crucial to thoroughly document the scene – preferably before you leave – and take photos of damage to all vehicles involved, road conditions, skid marks, traffic signals, and injuries. The more evidence you have, the harder it will be for an insurance adjuster to diminish your claim.
Before leaving the scene, you need to get contact information from witnesses. Ask for a name, phone number, and email if possible. A good witness that will carry weight is any independent third party who may have witnessed the accident, even if they were located across the street.
Most importantly, it’s crucial to call the police and get an official police report. You’ll need this report to strengthen your claim. The only time police may not investigate is if there were no injuries and the accident happened on private property, like in someone’s driveway or in a parking lot. If you’ve been injured, it’s important to relay that information when placing your call so you don’t get dismissed.
Last, seek medical care even if you don’t think your injuries are too bad. You need to establish the fact that you were hurt, even if it’s only a minor injury. You’ll need medical records to support your claim or you risk an outright denial.
Don’t accept the first settlement offer
Insurance companies don’t hand out generous checks without a fight. The first offer you’ll get will be extremely low and they’ll be counting on you to accept it out of desperation and ignorance. Even if your offer seems high, consult an attorney before signing on that dotted line. What looks like a lot of money might actually not align with the true value of your case. The minute you accept an offer, you lose the right to ask for more money later.
Medical bills aren’t your only losses
Whatever an insurance adjuster offers you right away will most likely only cover basic medical bills. But the true cost of a car crash can extend far beyond immediate ER and hospital bills. For example, you also need to account for missed work, long-term disability, and future lost wages and/or lost earning capacity.
You’ll also want to consider non-economic damages like pain, suffering, emotional distress, and loss of enjoyment of life if applicable. Insurance companies downplay these damages outside of court, but when you get a lawyer and pursue a lawsuit, they’ll have to acknowledge them.
Understand comparative fault
Sometimes a personal injury claim payout will be adjusted based on shared liability. For example, in states with comparative negligence laws, if you’re found 20% at fault your award will be reduced by 20%. Some states will allow you to recover compensation even if you’re mostly at fault, but others will block you from compensation if you’re more than 50% responsible.
Bring in a lawyer fast
The best time to bring in a lawyer to handle your case is right now. Trying to fight an insurance company alone is a bad idea. The insurance company you’re up against is being represented by lawyers with extensive experience and that’s bad news for anyone without legal counsel. Level up the playing field by getting a personal injury attorney. Skilled attorneys know exactly what tactics insurers use to reduce compensation and get cases dismissed. They know how to push back effectively to win.
Be patient
Big payouts don’t happen overnight. The more complex your case is, the more time it will take to complete. No matter what, don’t settle until you understand the full scope of your injuries and get a consultation from a lawyer to learn the true value of your case. Sometimes the best offers are made as a case gets closer to trial after several rounds of failed negotiations.
You deserve to be generously compensated for your injuries, so don’t accept a lowball settlement offer in a rush. Remember that settlements are final. Once you sign the paperwork, you can’t reopen your claim. Waiting for the right deal is usually worth it.
