Being injured in a car accident can be a frustrating and traumatic experience. This is especially true if you have no idea where and how to begin getting your normal life back. But, due to the harm you’ve suffered as a result of someone else’s negligence, your priority should be running after the at-fault party and recovering the right amount of compensation for all your losses.
However, you should understand that filing a car accident claim is never an easy process. With all the things that should be considered, the entire process requires adequate planning and preparation. Also, if you want to get the most out of your settlement, you should familiarize yourself with the things that can affect your ability to get compensated.
Thus, if you’re filing a car accident claim, below are the five factors that can impact the amount of settlement you receive for your injuries:
Insurance Available And The Insurer Handling The Claim
One of the factors that can affect your car accident settlement is the insurance available and the insurance company that’s handling your claim. When your total damages exceed the at-fault driver’s insurance coverage, then you may have to file a separate insurance claim with your own insurance company even after settling the car accident claim with the other driver. This can be a time-consuming process because you can’t recover the total amount of compensation for your losses at once.
Due to these circumstances, you may buy auto insurance for protection in case you seek a good settlement from the insurance company after an accident. But, if you want to better understand this subject matter, reading reliable resources, like this full article, can give you an idea whether you can settle a car accident claim with or without insurance.
On the other hand, the attitude of the insurer handling the claim toward your case can also have a huge impact on your settlement. While some insurance companies are easier to deal with, there are other insurers who engage in bad tactics to diminish or deny your claim. When this happens, you need a lawyer to help you negotiate with the insurance company and ensure you get the right amount of car accident settlement.
Severity Of The Injury
Another factor that can significantly affect your car accident settlement is the seriousness of your injuries. This means taking into account the level of suffering you’ve experienced due to your injuries and if the effects are long-term or short-term. These car accident injuries can include arm injuries, brain injuries, leg injuries, head and neck injuries, and spinal cord injuries.
Hence, if you’re injured permanently as a result of the car collision, you may be entitled to a higher amount of compensation to cover the long-term medical care. However, if your injuries are minor and temporary, you may receive a lower amount of compensation compared to having severe injuries since you’re expected to recover within a short time.
If you’re living in a state that follows a comparative fault standard, then your ability to recover a good amount of settlement in a car accident may be affected. This means that even if you believe that the other party’s negligence has caused the accident, your settlement may be reduced if you’re found, by clear and convincing evidence, to have a shared liability for causing the collision.
For example, if your fault or liability is calculated at 51% or higher, you may be barred from receiving anything from the accident. As a result, the other party will be able to get up to 49% of the damages.
Prompt Medical Attention After The Crash
Whether you think you’re injured or not, it’s crucial to seek immediate medical attention following the car accident as it can affect your settlement. Generally, when you get yourself checked by a physician, you can discover any injury that you may not feel yet. As such, your failure to ask for prompt medical care can make it harder for you to prove that the injuries you sustained were due to the car accident.
When this happens, your ability to recover the right amount of settlement you deserve may be diminished or lost in the process.
Things You Said After The Crash
Typically, the things you said after the car accident can also affect your claim and the amount of compensation you can recover. For example, if you said you’re sorry for what happened, that statement can be used by the insurance company as a proof that you’re admitting your fault for the crash.
For this reason, it’s best not to talk to the insurance company without the assistance of a legal professional. Instead, hire a personal injury lawyer to help you deal with this entity to avoid a negative impact on your car accident settlement claim. Remember, any statement you’ll make about the accident can be used against you.
The Bottom Line
Indeed, the compensation you can get from the insurance company and the at-fault party can go a long way in supporting your physical, emotional, and financial recovery. And, while you have the right to get compensated for your injuries and losses, be sure to keep these factors in mind so you’ll know what to watch out for when filing your settlement claim without problems. Always take note that the more you take these things into consideration, the higher the chances you have in getting the right amount of settlement for you.