Car Accident Settlement Process
Under the laws of negligence, the victim of a car accident is entitled to be compensated for those injuries by the negligent party. In most cases, the amount of compensation is decided through the settlement negotiations process that takes place prior to filing an actual lawsuit in court. If the victim is able to reach an agreement regarding compensation with the defendant or the defendant's insurer, then there is no need for the case to proceed to trial.
Other People Are Reading
Things You'll Need
- Medical bills and reports
- Property damage estimates
- Proof of lost wages
Instructions
-
-
1
Seek medical treatment for any injuries sustained. Proof of your injuries as well as evidence that they were caused by the accident will be required to negotiate a settlement.
-
2
Request copies of all medical bills related to the accident. Also request narrative reports from all treating physicians. A narrative report should include a summary of your injuries, as well as a prognosis indicating whether you suffered any permanent injuries as a result of the accident.
-
-
3
Gather evidence of any additional actual or economic damages suffered as a result of the accident such as estimates for property damages to your vehicle or lost wages from your job.
-
4
Decide what you think your case is worth. There is no magic formula. Most states allow a victim to be compensated for actual or economic damages (things like medical bills) as well as special or non-economic damages (things like pain and suffering).
-
5
Create a demand package to send to the driver or his insurance company once you have finished all your medical treatment and gathered all your documents. The package should include copies of all bills, reports and other documentary evidence as well as a letter indicating how the accident happened, why the other driver was at fault and asking for a specific amount of compensation to settle the claim.
-
6
Negotiate back and forth with the driver or insurance company until you reach an agreeable figure to settle the claim. An insurance company may accept your initial offer, but more often than not they will send you a "counter-offer." It may take some negotiating before you reach a mutually agreeable settlement figure.
-
1
