How to Settle Personal Injury Claims: Eliminate Attorney Fees
This article will address personal injuries that have occurred as the direct result of an automobile accident in which you clearly have no culpability. In other words, your actions did not in any way contribute to the accident. Further, this article will address personal injuries sustained through the actions of an insured driver. For tips on settling claims incurred as the result of the actions of an uninsured driver, see Tips below.
If you have sustained injuries in an automobile accident in which you have no fault and the other driver is an insured driver, follow the instructions below to settle your claim without sharing the proceeds with an attorney:
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Instructions
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OBTAIN PHOTOGRAPHS OF YOUR CAR AND YOURSELF WITH YOUR INJURIES
If you are hospitalized, or otherwise unable to take photographs yourself, have a friend or family member photograph the car and the location of the accident.
Allow your friend or family member to photograph you as soon as possible, depicting bruises, cuts, swelling and any other evident injuries.
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DOCUMENT DOCUMENT DOCUMENT
Write the facts and write your feelings:
Keep a journal and or dictate daily regarding your ability/ disability, including feelings.
Keep a ledger of the expenses incurred due to the accident: medical expenses, travel expenses to medical appointments, expenses for assistance in your home or otherwise--as long as these expenses are due to your disability because of the injuries, special equipment, special foods, loss of income, and any other expenses that are incurred due to your injuries. -
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NOTIFY YOUR INSURANCE AGENCY
Notify your insurance agency of the accident. You probably have medical coverage that you can claim, even though your insurance company has no liability for the property damages.
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LISTEN TO WHAT THE REPRESENTATIVE OF THE OTHER DRIVER'S INSURANCE AGENCY HAS TO SAY--BUT OFFER NOTHING, ACCEPT NOTHING
Based upon the extent of your injuries and the out of pocket or job loss expenses you will incur, the liable insurance company can provide you with an up front payment, which will be deducted from your final settlement. Don't be afraid to ask. You are the one who is being inconvenienced as a result of their client's actions.
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EXPECT TO WAIT A YEAR BEFORE THE FINAL SETTLEMENT
Injuries take time to heal. Conditions as a result of injuries take time to show up. Don't be too eager to settle. You don't want to miss anything.
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LEARN ALL YOU CAN ABOUT THE OTHER DRIVER'S ABILITY TO PAY
This article is not meant to encourage anyone to try to get more money out of a claim than is reasonable. There is always someone looking to get rich off of a broken fingernail. That's not what this is about. However, if you were injured as the result of someone else's actions, you have a right to be compensated for your losses and for pain and suffering.
IF the liable party has a company or was working for a company with significant assets, and, IF you have significant injuries, you may want to consider taking the case to court in an effort to reach a higher settlement.
IF the liable party does not have or was not working for a company with significant assets, but the liable party has significant personal assets, you may still want to take your case to court, if your injuries will result in long-term disability or losses. In a situation such as this, a jury may be sympathetic to your cause and you will be awarded a hefty settlement.
You can find out about the assets of the liable party by going to the court house in the county where the individual lives and checking property records.
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PLAY HARD BALL
The representative of the liable party's insurance company will want to settle with you and settle quickly--especially once they find out you have not engaged an attorney. DO NOT LET THEM TALK YOU INTO SETTLING TOO SOON. Let them know that you are in charge by telling them that you are still under a doctor's care, you are still unable to perform all your job responsibilities, or to engage in formerly enjoyed leisure activities, etc. Smile and be firm.
The insurance agency representative will try to make you think that they are not able to offer you any larger settlement than what they have offered you. Their first offer is not going to be the best offer they can make.
Sometimes you will be able to find out how much insurance coverage the liable party has. This will be the maximum amount that you can expect from a settlement. This amount will usually not exceed $100,000.
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SETTLE THE CLAIM
Once your injuries are healed, or you are reasonably certain that you know what your condition will be in the future--if there is long-term disability or loss, add up your expenses and sit down at the table with the insurance agency representative. Take two strong supporters with you. There is strength in numbers. Further, whenever possible, expect the insurance representative to come to you. He or she will have less power when they are not in their own office behind their own desk.
With knowledge of the top amount the insurance company can offer you, and knowledge of your expenses and losses, as well as your pain and suffering, you are in an excellent position to negotiate with the insurance representative. If you don't like the offer, turn it down. They'll get tired of coming back to you and go ahead and give you the max they can offer.
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Tips & Warnings
Your personal injury claim and your personal property claim are two separate matters. You should be able to settle on the damage to your automobile very quickly. This is a more straight-forward, objective claim. If your car can be repaired, it is a simple matter to get estimates on the damages. If your car is totalled, there is a book that will provide values based upon the year, model and mileage on your car. Take care of this claim as soon as you are able.
This article is not intended as legal advice. If you desire legal advice, you will need to seek an attorney.
