how to negotiate a settlement after a car accident

8 Tips for Negotiating a Car Accident Settlement with Your Car Insurance Company

• 1. Initiate a Claim as Soon as Possible after an Auto Accident ...
• 2. Keep Accurate Records about the Accident ...
• 3. Calculate a Fair Settlement ...
• 4. Send a Detailed Demand Letter to the Insurance Company ...
• 5. Do Not Accept the First Offer ...
• 6. Emphasize the Points in Your Favor ...
• 7. Get Everything in Writing ...
• 8. Know When to Hire an Attorney ...

Full Answer

How to settle a car accident the right way?

• There are around 4.2 million fender-benders (no injuries or fatalities) reported to police in the United States each year.
• You are not required to file an insurance claim after an accident, but should file a police report.
• other driver instead of filing a claim.

More items...

Should I accept a car accident settlement?

Things to consider before accepting a settlement from the insurance company. Should I Accept a Settlement Offer? Following a car accident, accepting a settlement offer may seem like the easiest way to resolve your case. While this may be true, it is not always to your advantage. For one thing, once you accept a settlement, there is no turning back.

Do you need a lawyer for a car accident settlement?

Need a Car Accident Lawyer for a Settlement? The truly honest answer here, without a doubt, is “no.”. Having said that, the truly smart answer to this question is “yes,” especially if you have suffered a serious injury. The more complicated the case, the more of a need there is to have an attorney by your side to ensure you get the proper justice.

How long does a car accident claim take to settle?

Shortly following a car accident (usually within 24 hours), an injured party should file a car accident claim with the insurance company of the at-fault driver/ negligent driver. Once a claim is filed, it usually takes a few months for the injury victim and the insurance adjuster to agree on a settlement offer.

How do you negotiate a higher pain and suffering settlement?

How to Negotiate Pain and Suffering in a Car Accident ClaimPrepare well. ... Learn about pain and suffering. ... Keep your tone with the adjuster professional. ... Explain how the injury affected your life. ... Do not be shy. ... Tell the insurance adjuster how painful the whole experience was. ... Explain how painful the treatment was.More items...

How do you counter offer a car accident settlement?

Countering a Low Insurance Settlement OfferState that the offer you received is unacceptable.Refute any statements in the adjustor's letter that are inaccurate and damaging to your claim.Re-state an acceptable figure.Explain why your counteroffer is appropriate, including the reasons behind your general damages demands.More items...•

Can you negotiate a car settlement figure?

Even if the offer seems reasonable at first glance, you should always negotiate. After you research the value of your car, come up with a number that you feel is fair for a settlement. It should be the absolute minimum you are willing to accept.

How do insurance companies negotiate cash settlements?

Let's look at how to best position your claim for success.Have a Settlement Amount in Mind. ... Do Not Jump at a First Offer. ... Get the Adjuster to Justify a Low Offer. ... Emphasize Emotional Points. ... Put the Settlement in Writing. ... More Information About Negotiating Your Personal Injury Claim.

How do you respond to a low ball settlement offer?

Here's a quick summary of the steps you and your attorney will follow when responding to a low settlement offer: Remain calm and analyze the offer even if you feel like the adjuster is trying to take advantage of you. Ask questions to find out how the adjuster came to the conclusion that they did.

How do you ask for more money in a settlement?

Send a Detailed Demand Letter to the Insurance Company Because the insurance company will likely reply with an offer for an amount lower than what you've asked for in the demand letter, you should ask for between 25 and 100 percent more than what you would be willing to settle for.

What should you not say to an insurance adjuster?

Never say that you are sorry or admit any kind of fault. Remember that a claims adjuster is looking for reasons to reduce the liability of an insurance company, and any admission of negligence can seriously compromise a claim.

Do insurance companies try to get out of paying?

Insurance companies will seek to decrease or eliminate payments for injuries caused by an insured person's actions. After becoming injured, victims of accidents want nothing more than to move on from the traumatizing experience.

What happens if insurance doesn't pay enough?

Most insurance companies will do anything to increase their profits. When the vehicle insurance company refuses to pay, you may need to threaten them with something that will put their profits at risk. To do this effectively and in the right way you require an insurance lawyer.

Do insurance companies want to settle quickly?

Insurance companies want to settle cases right away, because they don't want you to have an opportunity to speak to a personal injury lawyer. If an insurance company is offering you any money, it is always advisable that you at least have a consultation with an attorney.

Do insurance companies want to settle fast?

If it is clear that their insured is at fault for an accident, the insurance companies will want to settle any potential claims as quickly as possible so that they will not be responsible for any future medical and personal expenses.

How do I get the most out of my car insurance claim?

Contact your insurance provider as soon as possible: The first thing you should do is contact your insurance right away. This will present a more accurate recollection of the events that took place. The more accurate and the better you're able to recall the incident, the stronger your claim will be.

How do you decline a low settlement offer?

Always reject a settlement offer in writing. Type a letter to your contact at the insurance company listing the reasons you think that their offer is too low. Back up these reasons with concrete evidence attached to the letter. Finally, provide a counteroffer of a sum you think is more reasonable.

Should you accept the first offer of compensation?

Unless you have taken independent legal advice on the whole value of your claim, you should not accept a first offer from an insurance company.

Should you accept first offer insurance claim?

Once the offer is made, you have 21 days to decide whether or not to accept it. You should always take legal advice before accepting a Part 36 offer, especially if you have a conditional fee agreement or are using an insurance policy to cover your legal expenses, as you may find you invalidate your contract.

How long does an insurance company have to respond to a counter offer?

In the best-case scenario, the insurance company will respond to your demand letter within 30 days. However, you generally have to wait anywhere from a few weeks to a couple of months because no law sets a deadline.

Why should I settle my claim? Shouldn’t I file a personal injury lawsuit?

Most personal injury claims settle out of court because it’s faster, less expensive, and not as risky. Trials are stressful, and it can take months...

How does the insurance decide to offer a settlement?

Claims adjusters will divide damages into two categories: physical damages, such as medical bills and property damage, and emotional damage, such a...

Can I reject a settlement offer?

Claims adjusters will divide damages into two categories: physical damages, such as medical bills and property damage, and emotional damage, such a...

How is my lawyer paid?

Most personal injury attorneys are paid on a contingency basis. If your claim is successful, they will take a percentage of the final settlement. T...

When Should You Begin Negotiations on Your Injury Claim?

After you have recovered from your injuries and obtained all the documentation you need, there is no reason to delay. Send a demand letter to the i...

Do You Simply Ask The Insurance Company to Pay The Amount You Have Decided Is Reasonable?

No. Settlement negotiations in a car accident claim are much like the back-and-forth negotiation system that most car dealerships still use. (In fa...

How Long Should You Continue Settlement Negotiations?

Ideally, negotiations will go on as long as necessary, until a fair agreement is reached. The settlement negotiations could be completed in one dis...

Should You accept The Insurance Company's Final Offer?

First, you have to know whether the offer is really the best offer that will be made. How do you do that? Ask the adjuster something like this: "Ar...

What to do if you can't settle a car accident?

If you cannot arrive at a fair settlement agreement after negotiating with an insurance company, you may need to hire a car accident lawyer. An experienced accident attorney can help you evaluate your situation and determine whether a personal injury lawsuit is necessary.

How to hire an attorney for a car accident?

1. Initiate a Claim as Soon as Possible after an Auto Accident. After a car accident, you should contact your insurance company right away. It is important to initiate a claim as soon as possible after a car accident so that you can recall details about your accident accurately.

What to do if your insurance company refuses to pay you?

If the prospect of negotiating with your insurance company or that of the other driver is overwhelming, or an insurance company has refused to pay you a fair settlement, an experienced car accident lawyer may be able to help you navigate the claim negotiation and settlement process. We strongly suggest that you speak to a qualified car accident attorney if you feel that your insurance company is not offering fair compensation. Most car accident lawyers, like us, offer free auto accident case reviews.

How to communicate with insurance company?

When communicating with the insurance company, emphasize the strongest points in your favor. Do not waste time going over undisputed facts; focus on what’s most important to you. If you suffered an injury that will require lifelong medical care, discuss how this will affect your quality of life and finances over time. If you missed a significant amount of work, reiterate the total amount of wages you lost and how missing work impacted your family. Make it clear to the insurance company that you must be compensated fairly for your injuries and other losses.

What do you need to know before sending a demand letter to your insurance company?

Before you send a demand letter to your insurance company, you must determine what you believe your claim is worth. When arriving at a figure, you should take into account all of the following:

How to write a demand letter for medical insurance?

Before you send a demand letter to your insurance company, you must determine what you believe your claim is worth. When arriving at a figure, you should take into account all of the following: 1 The cost of your medical care and related expenses, 2 The amount of income you lost as a result of your injuries if you were unable to work, 3 Whether you are permanently disabled or will require long-term medical care, 4 Any pain and suffering you endured after the accident, and 5 The cost of repairing or replacing your vehicle and any other property that was damaged in the accident.

Why do people settle out of court?

Most personal injury claims settle out of court because it’s faster, less expensive, and not as risky. Trials are stressful, and it can take months for a jury to reach a verdict. After reviewing your case and settlement offers, your attorney will guide whether you should accept the offer or take the case to court.

When should you begin negotiations on your injury claim?

After you have recovered from your injuries and obtained all the documentation you need , there is no reason to delay. Send a demand letter to the insurance company and begin settlement negotiations. But remember, it is important to have all necessary evidence to back up your claim -- police reports, witness statements, photographs, and medical treatment records and bills. A lack of evidence can doom your case, or at least leave you with a settlement that doesn't cover your losses. (Use this Checklist of Records to Gather After a Car Accident .)

How many times do you have to go back and forth with an adjuster before you get a settlement?

Ideally, negotiations will go on as long as necessary, until a fair agreement is reached. The settlement negotiations could be completed in one discussion (or one exchange of letters), but, more likely, you will have to go back-and-forth with the adjuster several times before you get the adjuster's very best settlement offer. Some lawyers have a hard and fast rule: they won't settle an injury case without discussing the claim and exchanging figures with the adjuster at least three times.

What is the normal response from an insurance adjuster?

The normal response from the insurance adjuster is an offer that is less than they are really willing to pay. The back-and-forth process continues until the claim is resolved or until it is decided that it can't be settled, that your views of the value of the claim are simply too different.

What to do if your offer is less than your goal amount?

If the offer is less than your goal amount, you have to decide whether to invest the time and expense of going to court to try to get more. If the offer is far less than you think is reasonable, you should probably reject it and go to court.

Can you negotiate settlement in a car accident?

No. Settlement negotiations in a car accident claim are much like the back-and-forth negotiation system that most car dealerships still use. (In fact, don't be surprised if, during the negotiations, the adjuster tells you she has to speak to her manager, just like a car salesman might.)

Can you mention settlement negotiations?

You can't mention settlement negotiations at all. Keep in mind that the adjuster doesn't know for sure what will happen if you take your case to court, any more than you do. However, you should give some consideration to the arguments and to the evaluation of the insurance company in deciding whether to settle.

Can you settle a car accident case if you don't have any experience?

You can succeed in settlement negotiations in your car accident case, even if you don't have any experience.

What should you do when handling a claim with your insurance provider?

Keep all communication, negotiations, and agreements in writing, by email, fax, or mail. Phone conversations during the claims process are not only stressful, they give the insurance claims adjuster the upper hand, because you might give away too much information or get confused during a long phone argument. To keep it simple, just keep everything in writing.

How long does it take to get medical bills back after recovering?

After you’ve fully recovered, request copies of all medical bills and receipts from your doctors. It may take a few weeks after you’ve recovered for the final invoices to be generated, so be patient. Draft a demand letter to the auto insurance company adjuster.

Can a personal injury attorney take a minor accident?

Most personal injury attorneys will take on relatively minor accident claims, too, so don’t just assume that your personal injury claim is too “small” to warrant legal help or at least a free consultation with a licensed attorney.

Do claims adjusters have your best interest in mind?

A claims adjuster does not necessarily have your best interest in mind. If you don’t prepare your case well, you’ll create hurdles for yourself later, and if you don’t take the right steps at the right times, you could preemptively block yourself from certain opportunities to reach a good settlement. Table of Contents.

Can you handle your type of claim on your own?

For those interested in handling their accident claims process on their own, just like closing a real estate deal, doing your taxes, or investing your finances, there are certain aspects you can handle yourself. But, just as in those other fields, it’s best to leave the “heavy lifting” of larger deals, bigger settlements, serious injuries, and complex negotiations to a professional, namely a personal injury attorney. Most personal injury attorneys will take on relatively minor accident claims, too, so don’t just assume that your personal injury claim is too “small” to warrant legal help or at least a free consultation with a licensed attorney.

How do car accident claims get settled?

Most car accident claims are settled by negotiating directly with the insurance company. Preparation and organization are essential when it comes to negotiating a settlement.

How to calculate a reasonable settlement for minor injuries?

A reasonable settlement amount for minor injuries can be calculated by adding up your special damages, then multiplying the total by one or two times to account for your pain and suffering.

Why do adjusters need an organized demand packet?

An organized demand packet helps the adjuster justify your settlement and helps you easily reference items during negotiations.

Why does my adjuster stop calling me?

Some adjusters out there might use bad faith negotiating tactics, but most of the time, when the adjuster stops returning calls or seems to be ignoring you, it’s because they’re lazy or just plain overwhelmed with work.

What to do if you are at fault for a car crash?

Send a notification letter to the at-fault driver’s insurance company. This lets them know you intend to seek compensation for injuries from the crash.

What to do if paramedics arrive at an accident scene?

If paramedics arrive at the accident scene, let them evaluate you. Don’t hold anything back. You may have internal injuries or brain trauma that’s masked by the shock and distress of the crash.

How to figure out the value of an injury claim?

Figuring out the value of your injury claim starts with adding up your hard costs. Hard costs are expenses with a dollar value verified by bills or other documentation. Adjusters call hard costs “special damages.” Then you add an amount for “general damages” like pain, suffering, and emotional distress.

Why do you need to have documents on hand during a settlement?

Remember that you’ll depend on these documentations during the negotiations. When you have these documents on hand, it can help speed up the settlement process.

What to do after calculating what your claim is worth?

After calculating what you believe your claim is worth, you can submit a demand letter to your insurance provider.

Can you get a settlement for an auto accident?

Remember that it’s possible to acquire an auto accident settlement that considers your injuries, the pain and suffering, along with other losses, such as damage to your vehicle and losing your wages due to absences from work.

Do insurance companies pay minimally?

Always remember that insurance companies aim to maximize profit and will attempt to pay as minimally as possible for your claim. With this in mind, refuse the initial offer since it’s likely to be too low.

Do you have to keep a record of a car accident?

You must keep a record of the vehicular accident in sequential order. When filing your documents, these should include the police accident report, if available, along with the receipts for car repairs, records of appointments with your doctor, and any type of data that’s relevant to your accident.

Mistake 1: Trusting the Insurance Adjuster

The adjuster is not your friend. Insurance claims adjusters are trained to engage claimants in informal discussions. They try to get you to relax, so you let your guard down. Being too relaxed makes it much easier for the adjuster to get you to say things they can use against you. Be on your guard at all times.

Mistake 2: Speaking Without Thinking

Your chance to negotiate a fair settlement can be ruined with just a first few words of introduction with the adjuster. Take this common exchange, for example:

Mistake 3: Giving a Recorded Statement

Don’t agree to give your recorded statement. It’s not a good idea to give a recorded statement without an attorney to represent you. Once you give a recorded statement, your claim will be limited to the specifics of that statement. The only one who can benefit is the insurance company.

Mistake 4: Signing a Blanket Medical Release

Don’t sign any medical releases right away. Standard insurance company release forms allow the company to gather all your medical information for the past five to ten years. Protect your medical privacy. The adjuster doesn’t need that information at the start, and should never need your entire health history to settle a minor injury claim.

Mistake 6: Overlooking Important Evidence

You’ll need solid car accident evidence to prove the other driver’s liability (responsibility) for the crash and to prove the extent of your injuries.

Mistake 8: Ignoring Your Medical Records

The adjuster will go over your medical records with a fine-toothed comb. It’s a lot to read, but make sure you read and understand everything that’s in your doctor’s notes and treatment records. You need to be able to defend the nature of your injuries, why your doctor prescribed treatments, and why you needed to be off work.

Mistake 9: Discussing Prior Injuries

Don’t discuss any pre-existing injuries. You can set back your claim by admitting you have a prior injury too soon in the claims process. If you tell the adjuster about it, they’ll be quick to say your latest injury is just an exacerbation of your previous one. You need a doctor to evaluate how one injury is related to the other.

How long does it take to settle a car accident claim?

Most car accident claims are resolved during the settlement process. Claims may be settled within weeks or months, but some cases may take a year or longer. Each case is unique and may involve different factors that affect the timing of a settlement.

What to do if you are injured in a car accident?

If you were injured in a car accident, we recommend that you seek legal representation as soon as possible. Our experienced lawyers at Peter T. Nicholl Law Offices are prepared to investigate your claim and handle all communications and negotiations with the insurance company on your behalf.

What are common disputes in car accident claims?

Common disputes involved in car accident claims include: Whether the insured was liable for the accident. Whether your own negligence contributed to the accident. Whether the insurance policy covered the accident . The extent of your injuries. Whether your injuries were due to pre-existing conditions.

What is settlement negotiation?

The settlement negotiation process is similar to purchasing a car. You may make a demand for a high amount of compensation and then the insurance company may respond with a very low offer. You may ultimately resolve your claim somewhere in the middle. During the negotiation process, the insurance company will try to show weaknesses in your claim.

What happens if you counteroffer an insurance settlement?

If you counteroffer, your lawyer needs to prepare a letter to the insurance company and describe why you believe you are eligible to more compensation. This process will proceed until you and the insurance company agree on an offer.

What does an insurance lawyer do during a negotiation?

During the negotiation process, the insurance company will try to show weaknesses in your claim. Your lawyer may respond by providing evidence that supports your demand amount, such as your medical records.

What are the steps involved in a car accident claim?

The typical steps involved in a car accident claim include: You receive medical treatment for your injuries and reach maximum medical improvement. The insurance company investigates the accident. The insurance company determines who is at fault and to what degree. You receive a reservation of rights letter from the insurance company.