After sustaining several serious injuries in a car accident, you now have the task of filing an insurance claim so that you can recover compensation for the damages you suffered. However, personal injury claims require a lot of patience and strategy, especially when negotiating a settlement with an insurance provider. Our car accident attorneys in San Diego want to explain the process in greater detail so that you will know what to expect during your own negotiations:
Common Issues That Arise
You can certainly expect there to be disputes and disagreements to occur while settlement negotiations are ongoing. Your attorney has the task of searching for ambiguities or vague language in the insurance policy that the insurer will try to use to their advantage. In other words, they are looking for any loopholes that the insurance company may exploit to offer you a settlement amount that comes up short of what you deserve.
Insurance companies are also going to be skeptical of your injuries and carefully scrutinize your account of what occurred during the accident. This means that you better get your story straight because insurance adjusters are actively searching for any inconsistencies. Don’t ever admit that you are at fault to an insurance adjuster; it is best to allow your personal injury attorney to do all of the communicating for you.
Related post: 5 Personal Injury Claim Myths Debunked
Basic Protocols When Negotiating a Settlement
When negotiations first begin to take place, you will need to send the insurance company an initial demand letter. This letter will essentially put a price on all the damages you sustained from the accident, including medical bills, lost income, future treatment costs, and more. Try to be patient throughout the process and pay close attention to how the insurer will respond to your demand letter.
In most situations, the first settlement offer is insufficient and will likely cause you to begin bargaining with the insurer. If the settlement offer is higher than the minimum amount you are requesting, then you likely need to reconsider the value of your claim. Once you and the insurer agree on a settlement, you will then need to put everything in writing.
Use Litigation When Necessary
Settling outside of court will always be your best option. However, you should never rule out other alternative legal measures. The key thing here is to be in constant communication with your personal injury attorney in San Diego and determine ahead of time if they are ready to go to court if necessary. Also, keep in mind that you will need to invest additional time, money, and resources into litigating your case.
Related post: Unique Differences Between a Car Accident Claim and a Lawsuit
Knowing Your Case
In other words, don’t overplay your hand. Allow the process to unfold as it should. Your lawyer is going to review every detail of your case before they submit an initial demand letter. They want to establish definitive liability before they move forward with negotiating a settlement. Ultimately, they want to establish a meaningful dialogue with the insurer so that both sides can communicate in good faith.
Hire a Car Accident Attorney You Can Trust
Is someone else responsible for the damages you suffered in a serious car accident? If so, then go ahead and call the offices of HHJ Trial Attorneys today. We have a team of legal experts who can negotiate a settlement on your behalf that is fair and deserving. Book your appointment so we can begin reviewing your case right away!
Testimonial from Dawn, Car Accident Victim
I was recently injured in an auto accident where my car was hit from behind and totaled. The driver responsible had an expired license and no insurance. Although I was covered under my own insurance for this type of accident, my insurance offered no assistance at all. I was in pain and not sure where to turn for answers. Thankfully, I found Adam Hepburn at HHJ Trial Attorneys. He took care of everything for me. He answered all my questions, walked me through the process and handled EVERYTHING with the insurance company. I have been able to heal and keep my sanity in the process. Thank you!!