Why You Shouldn’t Settle Your Car Accident Case Without Legal Counsel

Dealing with the aftermath of a car crash can be incredibly stressful in dealing with injuries, property damage, and the shock of the crash itself. On top of all that, you also have to figure out how to settle a car accident claim, which often feels overwhelming. The last thing you want to worry about is fighting with insurance companies. Many drivers wonder if they really need a lawyer to help settle their car accident case and get compensation, which is a very common question that this post aims to answer.

Table of Contents:

• Should You Handle Your Own Car Accident Claim?
  • Why Insurance Companies Aren’t Always on Your Side
  • The Value of an Experienced Car Accident Attorney
• Key Pieces in the Car Accident Settlement Process
  • Filing the Claim: First-Party vs. Third-Party
  • Building Your Case: Evidence is Key
  • Understanding “Comparative Negligence”
  • The Demand Letter: Making Your Case
  • Negotiating with the Insurance Company
  • Reaching a Settlement or Going to Trial
• Damages You May Be Entitled To
  • Calculating Your Total Damages
  • How Long Does the Settlement Process Take?
• Do You Really Need a Lawyer? The Data Says Yes
• Conclusion

Should You Handle Your Own Car Accident Claim?

Short answer… NO, DO NOT go this route.  You certainly have the right to handle your own car accident claim, which could involve filing a claim with your insurance company; however, it is not always the best option, as recovering from injuries takes time and statistically drivers are more likely to be compensated in a claim when they have an attorney fighting for them not to mention you do not do this for a living.  You are entering an area where you think you know or assume you know can prove very costly.  Insurance Company Adjusters know how to take advantage of a situation where you are not represented by an attorney.  You cannot expect the insurance company to simply hand over everything you are entitled to.  You have to claim it, support it and negotiate these issues and damages.  Then, knowing what you are entitled to in terms of monetary compensation is another subject.  I might be able to throw some punches, but I am not going to step in the boxing ring and pretend to know what im doing when my opponent is Mike Tyson or another professional fighter…

Why Insurance Companies Aren’t Always on Your Side

Insurance companies are businesses. Their main goal isn’t always customer satisfaction—it’s protecting their profits.  Profits over people…

This often means they try to minimize claim payouts. Insurance companies might offer a nominal settlement days following an accident or even attempt to deny your accident claim, hold you accountable or even partially accountable for your accident, making the settlement process more complex. They have trained professionals dedicated to this.  Do not go it alone.  Sometimes, your actions cannot be recovered from, like signing a claims release days after the accident for a few hundred or thousand dollars.  I cannot undo what you have legally done..  Insurance companies will come to your door or call you after the accident and offer you money before even they know your injuries and the true measure of your damages.  Profits over people.

The Value of an Experienced Car Accident Attorney

Statistically, hiring an experienced car accident attorney can give you a better chance at winning in claims and/or litigation for a car accident. A personal injury lawyer has extensive experience and will work to maximize the outcome of your case by handling all communication with the insurance company to help reduce a lot of unnecessary stress on you.

Key Pieces in the Car Accident Settlement Process

Even if you have a lawyer, understanding this process is beneficial. Knowing the key elements of a car accident settlement case can help you understand how you can contribute.

Here’s a simplified overview of accident settlements:

1. Immediate Actions: Safety is the top priority immediately after the accident. Contact the police, even if it’s a minor incident, and a police officer will arrive. Gather information such as the other driver’s license, registration information, plate number, VIN numbers, insurance details, and witness information/statements.

2. Document Everything: Take pictures/video of the scene, vehicle damage, people involved and any visible injuries. Keep all documents, including police reports, medical treatment records, and receipts for car repairs. Identify surveillance cameras, traffic cameras or even front doorbell cameras which may have captured the incident and see if the person/business in charge of the maintenance of that camera will secure, preserve, and/or share the footage with you.  This helps to create a clear picture of what happened.

3. Report the Accident: Inform your insurance company as soon as possible. Provide basic details, including the location of the accident. Do not admit fault when giving these initial accident reports.  Alternatively, if you promptly decide to hire an attorney they can open the required claims for you after a consultation with you regarding your rights and their strategy for your case.  In most cases it is better to let your lawyer report claim(s).

If negotiations with the insurance company reach an impasse, then your attorney can aid in filing a personal injury lawsuit.

Filing the Claim: First-Party vs. Third-Party

You have several options when filing a claim. You can (a) file a claim with your own insurance company (known as a “first-party” claim) if you have the appropriate coverage or (b) you can file a claim through the other driver’s insurance (a “third-party” claim). An attorney can help in this process by collecting evidence to build a strong case.  While states vary, in Florida, your first $10,000.00 of Medical Coverage aka PIP, comes from your insurance company so you are required by law to open a medical claim if you are injured and receive medical attention.  Further, the third-party may not carry enough insurance to make you whole.  An example would be if you are driving a newer vehicle and your are involved in an accident with a person who does not have enough property damage liability coverage to repair your vehicle or pay its total loss value.  You would need to claim through your own insurance.  Another example are claim delays due to coverage and/or liability.  Sometimes it can take time for a third party carrier to clear coverage and liability thus leaving you with a damaged/totaled vehicle.  In this case, if you have collision coverage, we would proceed to make a claim through your own insurance.  You may be subject to a deductible on some coverages you maintain, and we will fight to recover that deductible to you.

Building Your Case: Evidence is Key

Evidence is a huge factor in settlement. Strong supporting proof is significant. Having substantial evidence increases your chances of receiving full compensation and ensuring the claim runs smoothly. This way, you can be covered for your expenses, such as medical bills.

Here’s a list of crucial types of evidence:

• Police report

• Photographs/Surveillance/Videos of the crash scene, damages, visible injuries and any other evidence you believe is relevant.

• Witness information, including names, phone numbers, and license plates/VIN numbers.

• Medical expenses, bills, and hospital records related to injury treatment. It is essential to seek out medical attention immediately after a car crash, even if injuries seem minor.

• Documentation of lost wages and other expenses, such as mileage and car rental fees.

Understanding “Comparative Negligence”

Many states, including Florida, follow a “comparative negligence” system. Florida has a modified comparative negligence law, meaning if you are partially responsible for the damages/injuries you suffered, the damages awarded may be reduced based on your degree of fault in the accident; however, if you are found to be more than 50% at fault for the incident in Florida, you are barred from recovering any damages. Even if you share some fault, you may still receive compensation, but it will be adjusted according to your percentage of fault. A qualified accident lawyer can help navigate Florida law and comparative fault issues. Essentially, your settlement is reduced in proportion to your degree of fault.

The Demand Letter: Making Your Case

After you’ve collected all the necessary information, the next step is to send a demand letter to the at-fault driver’s insurance company. You’ll present your desired settlement amount along with supporting evidence and a deadline.  The timing to submit your demand may vary depending on the circumstances of the accident and your injuries.  There are times where we may submit an immediate demand because the harm and injuries are of such magnitude that it may trigger the insurance company to immediately surrender its coverage limits to avoid potential implications of bad faith for failing to act reasonably when, given the circumstances, an insurance company similar situated presented with the same facts would have done so.   

This formal letter officially requests compensation. The accident facts presented in the letter should convince the insurance company to provide compensation.

A good demand letter should include:

• A clear and concise description of the events.

• All relevant documents and supporting facts.

• Supporting evidence and a specific settlement demand figure and deadline.

I like to keep my demands simple and in outline form, bullet pointing the highlights of the case.  The demand figure, liability, property damage, rescue, hospital, urgent care, diagnostic studies, invasive procedures completed/recommended, specialists seen, treatment rendered, billing totals, medical payments/adjustments from auto and/or health insurance, wage loss, other factors I feel relevant to present on your behalf.  Adjusters usually do not read the demand letters but tend to review the medical records and billing.  Some simply glance at the demand letter so it is important to provide the most eye catching information to the adjuster.  An experienced attorney knows his/her adversary and what boxes they check when reviewing claims and awarding compensation ranges.

Negotiating with the Insurance Company

After sending your demand letter, you wait to see how the insurance company will respond. Most insurance companies will accept demands.

Negotiation involves a lot of communication and discussion.

The insurance adjuster might use certain tactics to minimize the amount they pay for your auto accident injury. If they deny your car accident claim, a lawyer can assist you in properly navigating the appeals process.

If you are not in agreement with the insurance company’s decision, you can escalate the situation by hiring an injury lawyer to help file an accident lawsuit.

Reaching a Settlement or Going to Trial

Ideally, you and the insurance company will agree on the terms of payment. However, reaching this agreement can sometimes require significant effort. An accident lawyer can be helpful with the settlement.

You may consider pursuing the matter in court if a resolution cannot be reached. Cases can also be settled during the trial itself. Sometimes even a written explanation of sustained injuries could lead to a quicker settlement.

Damages You May Be Entitled To

A primary concern often revolves around damages. This is crucial in determining how a car accident claim works. Your costs could extend far beyond just repairing your vehicle.

Here are typical damages considered in an accident settlement:

• Hospital or medical costs, covering both emergency treatment and long-term care.

• Property repair, potentially covering the full cost of vehicle repairs or replacement if it is a total loss, rental, loss of use, diminished value claims..

• Lost wages resulting from time off work.

• Pain and suffering due to lifestyle changes impacting daily functions.

• Loss of future earnings because of permanent disability.

• Damages related to emotional distress/mental anguish.

A experienced accident attorney can help you receive the proper medical attention and document all your medical expenses and any hospital bills to include in your claim.

Calculating Your Total Damages

There are economic damages which are quantifiable and non-economic damages which are assessed differently as they are not readily quantifiable and are intangible and subjective.  Determining the full value of your claim is part art and part science. Past and Future Medical care can be calculated based on billing.  Lost wages can be calculated using employment records. Lost income can also be added to the amount to be claimed. Non-monetary damages, such as pain or suffering, are much more challenging as they are intangible and subjective. Even these subjective claims can benefit from an attorney’s assistance.

How Long Does the Settlement Process Take?

There’s no fixed timeline for the car accident settlement process other than being mindful of the case’s statute of limitations period.  If you run afoul of this time period your case is over and barred from being presented in court.  Do not rush and be impatient during negotiations.  Further, do not read too deeply into slow negotiations especially in the beginning where the insurance company may start at a very low, often offensive dollar amount.  Insurance companies typically aim to delay, deny, defend and pay the minimal amount..

Do You Really Need a Lawyer? The Data Says Yes!

YES ABSOLUTELY!!!  Statistics show the benefits of having professional legal representation for a personal injury claim. One study revealed that individuals who did not hire a lawyer had their auto accident cases rejected almost 50% more often.

Those who had legal representation fared better. In another study, plaintiffs who hired an attorney received settlement compensation averaging around $77,600, whereas those without representation settled for approximately $17,600.

An experienced car accident lawyer can offer valuable assistance and guidance to maximize car accident settlements. A free consultation can also answer a lot of your questions upfront.

Conclusion

Experiencing a car accident in the Miami area or really anywhere, can be incredibly overwhelming. While dealing with car insurance policy issues, pursuing legal advice can be crucial to ensuring you receive full compensation for your personal injuries and damages. The insurance company might not have the same goals as you do to receive compensation.

Choosing an attorney to help settle your car accident claim could provide you with better options than handling it alone. Consulting with a law firm to clarify matters and expectations is a beneficial and proactive step. A car accident lawyer can also help you understand and deal with comparative fault rules if they apply. Seeking professional legal representation and immediate medical care can always give you a significant advantage.