Getting into a car accident is the last thing anyone wants to happen for themselves. But when you find yourself suddenly injured from one, you may be able to claim compensation for damages. However, the process of how to win a car accident and obtain a settlement from the other driver’s insurance company is not as simple as you think.
After incurring substantial financial losses and suffering injuries, it’s understandable that you only want to receive the compensation you deserve. But even if the insurance company accepts liability, there could be a dispute on how much your claim is worth. Several determining factors can impact the amount you can expect to receive for your car accident settlement.
1. Who Is Liable for the Accident
If the other driver is entirely at fault for the car accident, you should be entitled to full compensation for your injuries and losses. However, if there is proof that you also share responsibility for the car crash, your compensation can be reduced.
A jury may assign the percentage of fault and reduce it to the value of your claim. You will need to prove your case with strong evidence to claim full compensation for damages. A lack of evidence to prove fault will only hurt your chances of receiving what you deserve.
2. Nature and Severity of Injuries You Sustained
Injuries sustained from car accidents can range from minor to catastrophic. The type and severity of your injuries can impact the amount you can receive for your personal injury claim. Generally, a more severe case with a chance of permanent impairment or requires more hospital visits, treatments, and medication will increase the value.
For example, a person who sustained a brain injury or spinal cord damage may receive more money for their car accident settlement than someone who broke their arm from whiplash. It’s vital to acquire detailed medical records and statements from medical professionals to help with your settlement negotiations.
3. Whether You Received Prompt Medical Care
Delays in seeking medical care will give the other driver’s insurance company a reason to question your car accident claim. They might argue that your current severe injuries are not a direct result of the accident but because you didn’t go to the doctor until weeks after the incident.
This factor may give them the perfect claim to lower your settlement. Even if you think you only have minor injuries or none at all, it’s vital to seek medical treatment immediately after the accident. That is because the tests could show injuries that you don’t feel yet due to shock and adrenaline rush.
4. Your Actions and Statement After the Car Accident
What you do and say following a car accident will also affect your personal injury claim. For example, if you say sorry to the other driver or police officers for the accident, the insurance company may allege you’re admitting fault.
If you also tell the first responders that you’re okay after the crash and don’t see a doctor for days, the insurance company may argue the accident didn’t cause your injuries. It’s best to seek legal counsel and consult with an experienced auto accident lawyer before talking to the insurance company.
5. Your Expenses and Financial Damages
Any reasonable and necessary expenses related to the car accident and injuries sustained can usually be included in financial damages. You can seek compensation for loss of income, medical bills, travel expenses to the doctors, personal care costs, help with household chores, medications, therapies, and other treatments.
To ensure the full amount is included in the settlement, prepare and document all financial damages carefully. If your doctor prescribed medications or required therapy or treatment for a certain period, be sure to follow the orders to prevent any questions about your medical expenses.
6. The Insurance Company Providing the Settlement
Even if you’re eligible for a car accident claim that’s worth hundreds of thousands of dollars, the insurance company handling the coverage will affect the final amount you can receive. If the other driver only carries minimum car insurance coverage, expect to receive an amount lower than your claims’ value.
Some insurance companies will also use tactics to deny and undervalue your claims. They might engage in bad insurance practices and argue that you lack proof and have weak excuses to avoid paying your claim.
Takeaway
Seeking compensation for a car accident isn’t a straightforward process. You will find several factors affecting the value of your car accident settlement. Some of these might even make you think talking to the insurance company and seeking compensation is a troublesome task.
You don’t have to settle for a low compensation. If you want to receive the value you deserve for your car accident settlement, seek help from an experienced car accident attorney. They can negotiate with the insurance company on your behalf and ensure you get the best possible outcome.
