If you are injured in an accident caused by someone’s negligence, you are entitled to file a car accident injury claim and get compensation from that person’s insurance company.
A settlement with an insurance agency, however, can be a lengthy and complex process involving investigations and negotiations conducted by an insurance claims adjuster for the company. When working with an insurance adjuster to arrive at a settlement figure, keep in mind that the adjuster ALWAYS wants to pay you as little as possible. This is why it is important for you to know:
- What a good settlement offer is
- How to negotiate with an insurance adjuster
- How to maximize auto insurance claim
- How to settle a personal injury case; and
- How to win a personal injury case
At the end of the day, insurance companies are profit-driven organizations that are unconcerned about the emotional impact of their clients’ injuries. Their main goal is to get you to agree to the smallest insurance coverage and settlement possible while staying out of court. That is why you have to really step it up if you want to get the best settlement for your car accident injury claim.
Car Accident Injury Claim Strategy
Stepping it up means one thing — employing the best strategies to make the most of your car accident injury claim. You have to know what is a good settlement offer, specific to your personal injury case, and how to negotiate with the insurance adjuster to achieve that settlement goal.
Getting to that point and ultimately learning how to win a personal injury claim may be a long and arduous journey. But do not worry. Farahi Law Firm is here to help you. Through the years, we have helped hundreds of clients attain the justice they deserve by getting the best settlement possible for their personal injury cases.
With our extensive experience in dealing with auto accident cases in California, we are experts when it comes to achieving the most ideal settlement for our clients. In this article, we will share 11 of the tried-and-tested ways to get the best possible settlement offer from an auto insurance company. This way, you can get medical care and fair compensation for the injuries that you sustained due to another person’s negligence.
Best Practices for Filing a Car Accident Injury Claim in California
1. Know what to do at the onset of the accident.
Your car accident injury claim begins immediately following the incident. This is why you must know what steps to take right after being in a motor vehicle accident, especially if you were not the at-fault party.
The first thing you must do is dial 911 and call for an ambulance. You should also request police officers to come to the scene of the traffic accident and file a report. The police serve two important purposes. First is that they ensure the safety of those involved in the collision and the other people on the road. The second is that they will file a police report detailing what happened and who was involved in the accident. To file a claim and take legal action, this report will be crucial.
2. Document the incident.
The jury will decide your case based on the evidence, so document what happened at the accident scene as best as you can. Take pictures. Get information. List down the names and contact details of possible witnesses to the auto collision. Obtain a car accident reconstruction report if necessary. The strength of the evidence in your favor will help determine the amount of compensation that will be awarded to you. The more you can do to preserve evidence, the better your chances of winning your case and getting your medical bills and property damage costs covered.
3. Hire a lawyer.
The most important thing you can do to ensure you receive a fair settlement offer from an insurance company is to hire an accident attorney who will assist you in your car accident injury claim. The personal injury lawyers at Farahi Law Firm help our clients effectively present their version of events, negotiate on their behalf, and advise them on the best course of action when it comes to settling a personal injury case and getting maximum compensation. Our mission is to do the same for you — and more.
4. Get treated ASAP.
Getting prompt medical treatment is critical for both your medical recovery and your legal case. If you seek treatment as soon as possible, the records from your medical providers will describe your injuries and aid in drawing a causal link between your physical pain and the accident. This will strengthen your claim even more against the negligent driver.
If accident victims delay seeking medical treatment, the at-fault driver’s insurance company will most likely argue that they were not seriously injured or that there is no proof that the accident caused their injuries. Remember that the at-fault driver’s insurance company is not your friend and is looking for any way to pay crash victims as little as possible for accident claims.
5. Factor in emotional distress.
You must have quantifiable proof of emotional distress if you are seeking insurance settlement compensation for emotional damages. You should seek medical treatment for mental injuries in the same way that you would for physical injuries. Accidents can be traumatic, and the effects can go on for life. You deserve to be treated for your mental distress and any other emotional damages that might surface after the incident.
6. Show up for treatments.
Keep all of your doctor’s and physical therapist’s appointments. If the doctor or therapist recommends additional office visits, schedule them before you leave the building. After sustaining injuries in a car accident, you will typically require physical therapy sessions two to three times per week for several months. Make sure that you keep all medical records for bodily injuries.
Visit your doctor at least once a month, even if the doctor does not ask you to do so. Gaps in treatment can spell disaster to the value of your auto accident injury settlement and your request for compensation for pain.
7. Know the basics.
If you want to know how to win a personal injury case, you have to start by understanding the basics of filing an injury insurance claim.
- Settlement. Essentially, settling your case means resolving your dispute with the auto insurance provider rather than going to trial. The majority of cases, especially car accident cases, do not result in a full civil trial. Frequently, these cases are settled when the people involved reach an agreement that is beneficial to all parties involved. Why? Because even in the most compelling cases, a jury trial does not guarantee a favorable outcome for a collision claim.
- Demand Letter. If you believe the opposing party’s insurance company is undervaluing your injuries and property damage claims, you can have an experienced lawyer write a formal “demand letter” to the insurer. This allows you to explain the incident, describe your injuries and extent of damages, and request a payment amount to settle the claim without any further litigation or court appearances — all within the statute of limitations (usually two years in California).
- Negotiation. The case may proceed to a settlement negotiation phase for insurance payments after both parties have had a chance to review and respond to the demand letter. This means that the parties will most likely engage in back-and-forth negotiations in an attempt to reach an agreement.
8. Set a settlement goal.
Determine a settlement range for what you believe your claim is worth. This figure is for your own records and should not be shared with the insurance agent. You don’t have to stick to the goal you set for yourself. You may have to lower your minimum figure if the adjuster points out facts you hadn’t considered but that clearly makes your claim weaker.
You may want to revise upward if the adjuster starts with a low settlement offer or a number that is at or near your minimum — or if you find evidence that strengthens your claim. This is where knowing how to maximize an auto insurance claim will surely come in handy.
9. You might not want to accept the first offer.
When a first offer is made, your response should be based on whether it’s reasonable. If the offer is too low, you can counter with a counteroffer that is slightly less than the amount in your demand letter. This demonstrates to the adjuster that you are also reasonable and willing to compromise. With a little more negotiating, you should be able to reach a final settlement amount that you and the insurance provider both agree on.
10. Score emotional points.
Try to score emotional points that support your case during the negotiation process. For example, refer to a photo of a smashed car or a severe-looking injury that you sent to the adjuster. Refer back to the possibility of alcohol use if a bottle of beer was discovered in the other driver’s car. Mention how your injury affected your ability to care for your child. Even though these factors cannot be quantified, they can be extremely effective in persuading an insurance company to pay an auto accident claim.
11. Document the accepted offer in writing.
Once you have achieved a favorable settlement for your auto accident injury claim, you and your personal injury attorney should confirm the details and your acceptance of the insurance adjuster’s offer in writing. By doing this, the at-fault driver’s insurance company cannot falsely claim that they made no such offer in the future and refuse to pay.
Settle Your Car Accident Injury Claim in California With Farahi Law Firm
The key to maximizing the settlement value of your car accident injury claim is by hiring an experienced car accident lawyer in California.
Farahi Law Firm is here for you! Whether your injury was caused by a car, truck, motorcycle, or bike accident, a slip and fall, or any other cause of serious injury, you are entitled to fair compensation and justice. Throughout the insurance settlement negotiation process, we will fight to protect your rights and get you the highest accident compensation possible. No fees, unless we win. Contact us today at (844) 824-2955 or reach us online to schedule a free consultation.
