Car accidents always demand a heavy price, not just metaphorically but also from medical injuries to car damage; getting it back to its shape may cost you an arm and a leg. To prevent that, it is vital to have insurance to cover your expenses at a greater level.

About 6 million crashes are reported by police every year in the U.S., according to the National Highway Traffic Safety Administration.

Approximately three million people are injured or killed in these car accidents, so many lawsuits and insurance claims occur yearly.

The following section describes the procedure to be followed for insurance after a Car accident:-

#1 Look for Any Injuries

• First, look if you have any injuries or not
• Then make sure that everyone around is okay or not
• If you’re injured, look for help around or call 911

#2 Call 911

Even if it is a minor accident, you must call the police at 911, and in some states, it is even required legally. The officers will fill out an accident report, documenting the scene. If the police don’t come to the scene of the accident at that time, you must go to the nearby police station and get a report filed yourself.

What To Do Before Approaching the Insurance Company?

#1 Documenting

It is important to document each step as you begin claiming insurance. You must get the other driver’s name, license plate number, insurance information, and phone number. You can only file a claim with their insurance company if you do this. Notify your insurance company as well. They can help you with the procedure and may provide some services to help you with your claim.

Make sure you call the police immediately after the accident. Then, when their report is completed, request a copy. It may take a few days, so make a note to call and visit your local police station to obtain a copy. Consult a doctor and have any injuries documented in your medical record. Document the accident thoroughly by photographing your vehicle from various angles, demonstrating the damage done to both cars to prove that the amount you claim is fair and just. If there was any witnesses to the car accident, take down their names and contact information.

#2 Report and begin settlement claim

You’ve started the process by filing a claim. You must notify your insurance company if the other driver doesn’t have insurance. Check that you have all the information you’ve gathered for your agent. They can assist you in filling out forms or advise you on getting the settlement you require. Because state laws differ, check with your insurance commissioner’s office to see if there are any additional steps you need to take to settle the claim.

#3 Check your mail

Following your claim submission, the insurance company will acknowledge by sending you a letter indicating that it has received your claim and will contact you. This is known as a “reservation of rights” letter. It only serves to notify you that the agency has received the claim, not that it is taking action. You should consult with a lawyer at that point. A lawyer can guide you through any issues that may arise and represent you in court if the claim proceeds that far.

#4 Continue to negotiate the settlement claim

The insurance company will issue a settlement check after calculating the value of your claim. If your claim is denied, or you believe the settlement amount is insufficient, you may be able to negotiate with the insurance company. You may appeal the company’s decision if you cannot reach an agreement. An appeal may necessitate additional examinations or the provision of additional information and evidence about the accident.

If you are injured, or your property is damaged, you should send a letter outlining your medical costs and out-of-pocket expenses. Include any income you may have lost as a result of the accident. The claims adjuster should reply to your assessment with their letter, or they may send one first.

They will frequently offer you less than you believe you are owed. That offer is expected as part of the process. It would be best if you don’t take it personally. You have two options: accepting the insurance company’s offer or continuing to bargain. If you can’t decide with the other party, you may need to file a lawsuit. Hopefully, this will be different.

Always remember that you’ll need patience and self-assurance to file and settle an auto accident claim is time-consuming. Seeing it as a successful settlement can take time, but it’s worth fighting for the money you’re owed.

#5 Insurance claim value calculation

Though calculating medical expenses and lost wages is usually relatively straightforward, putting a monetary value on the pain and suffering a person suffers due to their injury is more complicated. Insurance companies have developed formulas to calculate how much to pay the injured for non-monetary losses. First, the insurance claims analyst totals all of your medical expenses. If the injuries are minor, this total is usually multiplied by 1.5 or 2. (Depending on the situation’s intensity the multiplier typically ranges between 1.5 to 5, depending on the situation’s intensity). This calculation is used to specify the number of your special damages incurred with finite, measurable charges (as opposed to general damages, which are damages without explicit monetary values, such as emotional distress).

If the injuries are acute, the total may be multiplied by a higher number, such as five, if the injuries are severely incapacitating. After determining the number of special damages, the analyst sums the value of your lost wages to determine the amount of your settlement. You can then often negotiate a higher settlement with the insurance company.

Types of Insurance Claims

Insurance claims are of two types: first-party claims and third-party claims. A first-party claim is filed with your insurance company, whereas a third-party claim is filed with another person’s or business’s insurance provider. Most insurance companies provide coverage for those injured due to the insurance company’s actions.

Who is at fault will determine the type of claim you File in the accident, the nature of the accident, and the amount of insurance coverage available. For example, if you were driving in your car and had an accident, you should file a first-party claim with your auto insurance company.

If, on the other hand, a car hit you while crossing the street or you were in some other person’s car, you should file a third-party claim with the driver’s auto insurance provider. If someone else hits you, you will file a claim against their liability insurance. This is a third-party claim because you are the third party to the other driver and the insurance company concerned. The other party’s insurer will process the claim but don’t expect a quick payment. The insurer may want to investigate the accident to determine if their customer was at fault.

However, it is also recommended to notify your own insurance company. Suppose you were injured while shopping or eating at a restaurant. In that case, you could file a third-party personal injury claim with the business’s insurance company or land/property owner. These claims cover both bodily and property damage.

Common Reasons for Auto Claims Denial

The auto insurance claims process can be very stressful at times. Common reasons for claim denial include:

• The accident could have been avoided or prevented:

  The claim may be denied if the insurance company believes the accident could have been avoided, for example, by allowing an unlicensed driver to operate your vehicle.

• You should have filed your claim on time:

  Customers should file claims as soon as possible, according to insurance companies. And it’s prudent to do so before the evidence has become muddled, or the accident witnesses have vanished. States may impose strict deadlines for filing claims, ranging from one to twenty years.

• Delaying medical treatment:

  You may not know the full extent of your injuries immediately following an accident. However, if you delay treatment for injuries for an extended period of time, the insurance company may become suspicious of the claim, resulting in an investigation and, possibly, a denial.

Following an accident, it is critical to state the facts. If unsure about what happened, don’t speculate or accept blame at the scene. Don’t be too forthcoming; too much information may impact the outcome of your claim.

What To Do?

If someone has been seriously injured or it is unclear who is to blame, the process of filing a claim can be complicated. Depending on your residence, there may also be a liability time limit — known as a statute of limitations. Keep the following in mind when filing your auto insurance claim:

• Don’t wait any longer:

  Once you’re safely home, you can file a claim using an insurer’s online claims system, mobile app, or phone agents. It is preferable to begin at the earliest while you still remember the details of the accident clearly

• Understand what to expect:

  You must pay a deductible if you are at fault and file a claim with your insurer. If you file a claim against the other party’s insurance, you will not be required to pay a deductible.

• Notify your passengers:

  Passengers injured in a car accident can file claims with the driver’s insurance company or their own. Filing a claim through another driver’s insurance is also an option, depending on who is at fault.

No matter how thorough or fair, your claim is, the insurance company could try to avoid paying the money you think you are entitled to. This is because insurance companies want to turn a profit and avoid paying more than necessary. If you are doing everything accurately, try to feel free to ask for too much.

Although it might be stressful, settling a car accident claim involves negotiation. Even though these ideas do not cover every situation, they will give you enough of a head start to let the adjuster know that you have a general understanding of how the system works.

Support your claim with all of these facts.

Sources:

• https://uphelp.org/claim-guidance-publications/car-accident-claim-tips-a-practical-guide-to-auto-claims/
• https://www.findlaw.com/injury/accident-injury-law/insurance-claims-after-an-accident-the-basics.html
• https://www.forbes.com/advisor/car-insurance/car-accident-insurance-claim/
• https://www.jeffjoneslawoffice.com/blog/2016/09/navigating-insurance-claims-after-a-car-accident/
• https://www.iii.org/press-release/knowing-what-to-do-after-an-auto-accident-saves-lives-makes-filing-a-claim-easier-the-iii-offers-tips-to-help-navigate-the-claims-process-051605
• https://www.thebalancemoney.com/how-to-settle-a-car-accident-claim-4174365

You cannot control unforeseen situations like accidents, but you can always control the hassle after a car accident. The adrenaline rush after an accident can not only cause pain but also result in severe stress that could lead to incorrect decisions. One such decision is not filing a police report of the car accident

What Is an Auto Accident Police Report? 

Immediately after an accident, you are required to call the police to the accident scene to inspect the case and note every detail of the crash. Typically, a police report will contain the following information: 

• The location of the accident
• The approximate time of the accident
• Any injuries to drivers and/or passengers
• Damage to the vehicles involved in the accident
• Registration number of the vehicles involved 
• Statements from the drivers involved
• Environmental conditions at the time of the accident
• Roadway and visibility conditions of the site
• Any other damage to someone else’s property or pedestrians 
• Statements from other witnesses at the site of the crash
• Securing contact information (phone number, address, insurance information) from the drivers involved 

The law enforcement officer, based on their observations, will conclude who is responsible for the accident and to what extent. Therefore, what is written in the police report about the accident is of huge importance. Also, make sure that you get a copy of the police report for future reference.

Importance of an Accident Police Report

Your insurance company needs it

Not only this but your insurance company will also look for what’s in your police report. The significance increases by multiple times if the report points out the fault to a single party or driver. In states where penalties and punishments are based on a comparative negligence system, the police report plays an extremely important role. The amount of compensation you obtain from your insurance company will also be dependent on the police report. 

Reporting to the DMV

When it comes to reporting accidents, every state has different laws. Although every state requires a DMV report if someone is killed or injured in an accident, others may require it even without this prerequisite. In fact, there is a specific deadline for filing a report in the Department of Motor Vehicles. Additionally, there are specific conditions for filing a DMV report. For example, in Michigan, it is compulsory to report to DMV immediately if there is injury, death, or property damage of more than $500. But every state does not require every accident to be reported to the DMV. 

An accident that generates a police report is automatically filed with the DMV. Even if a police report was filed, it is advisable to file a DMV report as the police may not report the accident to DMV within the specified time limits of your state.

Therefore, it’s your responsibility to file a report in the DMV within the deadline. The deadline could be as low as 4 hours as in Puerto Rico or could be as high as 6 months as in Arizona. Therefore, immediately after an accident, check your state laws and accordingly take the next steps. 

It must be noted that all the parties involved in an accident are required to make their report to the DMV. The other party could file a report and blame you for the accident and you could thus be in a disadvantaged position. 

Do not rely on your insurance company for filing the DMV report as it’s either your own responsibility or that of the police. Insurance companies do communicate with the DMV, but the objective is to study your driving history which directly impacts your insurance coverage, depending on the type of coverage you have and whether you are convicted of a serious driving offense. Several other factors, such as insurance policy lapse, might be a reason why your insurance company contacts the DMV. All in all, nothing seems optimistic about the communication between the insurance company and the DMV after the accident.

How Long Does the Accident Record Remain with the DMV? 

DMV keeps a record of all the accidents reported to it for a certain period, depending upon the state in which the accident happened. For example, in California, the DMV maintains the record of drivers for 3 years, irrespective of who was at fault. The law could be the same or different depending on your state. However, this time frame is only for accident reporting. This time frame is different from other violations such as DUI or speeding that could remain longer on your driving record.

How to File a DMV Report

You can file a DMV report online or take out a printed copy and fill out the details in the same. Every state shall require a different form to be filled out. For example, in New York, you are required to fill out the MV-104 form while in others such as  California and New Jersey, you are required to fill out the SR-1 form, that too within a specific time period. 

Is a Police Report Different from an Accident Report? 

Police reports are different from accident reports in several ways. Police reports are usually prepared by the law enforcement officer at the scene, and this requires immediate action. Accident reports are registered with the state’s DMV and are generally filled out online. The time period to file an accident report is usually longer than that of a police report (which will again depend on your state). If the police report could not be prepared at the accident site, the driver is legally obligated to contact the police and report the accident at the earliest. 

Consequences of Not Filing a Police Report After an Accident

One of the biggest blunders you could make after an accident is not filing a police report. You might be hesitant to file a report especially when you’re at fault, but reporting to the police is a better option than fleeing away. However, it is suggested that you should never admit your fault while the officer is recording details of the crash. This report plays an important role in further procedures, and it could turn the tables against you. From getting fair compensation from your insurance company to the verdict after a lawsuit, situations could be more problematic if you admit that the fault was entirely yours. 

• Punishments and penalties:

  As with every other law, punishments, and penalties for failure to file a police report vary from state to state.

  • For example, in Illinois, you could be fined $2,500 or one year of jail. If you flee the place of the accident in Illinois, it would automatically be considered a Hit-and-run case which has more serious penalties. If you leave the place and there was damage exceeding $1,000, your license could be suspended. If there are serious injuries or fatalities due to the accident, your driver’s license could be revoked.
  • In Texas, failure to report could result in a penalty of up to $5,000 and/ or imprisonment.

• Inability to recover damages:

  An accident report is important because it helps draw a clearer correlation between the accident and the injuries sustained. Many injuries like whiplash and Traumatic Brain Injuries (TBI) are not immediately visible after an accident. If you delay reporting, your insurance company could claim that the injuries were sustained somewhere else. Also, insurance companies will always look at what’s in the police report before they offer and settle compensation.

• Loss of credibility:

  If you avoid filing a police report and the other party does so, you are under a suspicious eye for not doing so. The other party could blame you even if it wasn’t your fault. Since the law is based on evidence, you could end up bearing the blame where you could have got off scot-free. 

FAQs about Consequences of Not Filing a Car Accident Police Report

You should call the police to the location of the crash immediately. Even if you feel like a police report is not that important, it is better to exchange contact and vehicle information with the other party. Do not forget to take pictures of the site and the vehicles as they also play an important role during the settlement and lawsuit, if need be. After all, you can never have too much information or documentation when it comes to accidents.

Sources: 

• https://www.investopedia.com/ask/answers/091815/does-your-car-insurance-company-report-accidents-dmv.asp#:~:text=In%20general%2C%20your%20car%20insurance,or%20killed%20in%20a%20collision
• https://www.thebalancemoney.com/do-i-need-to-report-a-car-accident-to-the-dmv-527089
• https://www.dmv.ca.gov/portal/driver-education-and-safety/educational-materials/fast-facts/vehicle-collisions-ffdl-16/#:~:text=Call%209%2D1%2D1%20immediately,or%20to%20a%20peace%20officer
• https://1800lionlaw.com/after-a-car-accident/
• https://www.forbes.com/advisor/legal/auto-accident/car-accident-police-report/
• https://www.enjuris.com/car-accident/accident-reporting-requirements/
• https://www.consumerinsurancereport.com/accidents/what-happens-if-you-dont-report-an-accident-within-24-hours

Due to the rapid advancement of technology and the fast-paced lifestyle that people grow up in cities, the adoption of cars has been rising drastically in recent years. The number of driving licenses issued in 2020 was 228,687, up from 190,625 in 2010, according to the US Department of Transportation (DOT, 2021).

The relationship between the two factors is linear, so there are more people and vehicles on the road today than there were ten years ago.

Car accidents can happen for a variety of reasons, some of which can be controlled, such as speeding, tailgating, changing lanes while sleepy, or recklessly driving, and others which cannot, such as car failure, adverse weather, a lack of traffic signs, or poor road conditions.

However, the most common type of accident is a car crash, which might involve a single vehicle, several vehicles, a rollover, or rear-end or sideswipe incidents. Serious adverse effects like injuries, disabilities, and even death may result from this. Not to mention that both personal and social costs resulted from the loss of property and the damage to the car.

Distracted driving

The statistics on distracted driving are concerning, particularly given that, in most circumstances, it can be avoided almost entirely. According to experts, distracted driving poses a serious risk to public health in the US. Distracted driving causes slower reaction times, makes keeping a car in its lane challenging, and causes catastrophic accidents that result in severe injuries and fatalities. Every time a driver uses a cell phone while operating a vehicle, we are all in danger.

The NHTSA estimates that at any given point during the day, more than 850,000 drivers in the United States are texting or otherwise using cellphones while behind the wheel of a motor vehicle, despite the apparent risks of texting and despite state laws (including in Pennsylvania) making it unlawful. These drivers are much more likely than other drivers to be involved in an accident.

Drivers who take their eyes off the road are distracted visually.

Manual: When drivers remove their hands from the steering wheels, manual distractions happen.

Cognitive: Drivers who allow their minds to roam or become concerned with something other than driving are distracted cognitively.

Some types of driving distractions—which are extremely risky—involve two, three, or even all three distractions. For instance, someone who sends texts while driving is probably doing so while looking at their phone (a visual distraction), using the keypad or screen (a physical distraction), and thinking about what to text (a cognitive distraction).

According to studies, sending or reading a text message only takes a few seconds under normal circumstances, but at 55 mph, it’s like driving a football field’s length while keeping your eyes closed.

• Six times more deadly than drunk driving is texting and driving.
• Cell phone use while driving reduces brain activity linked with driving by 37%.
• Driving while texting impairs one’s physical and mental capacity to steer and respond to traffic situations. This is the exact combination for a fatal collision at the correct speed.

Drunk and drugged driving

According to Waylen and McKenna (2008), driving while impaired by drugs or alcohol increases the likelihood of an accident three times while lowering the driver’s awareness, reflexes, and attention. Violent car crashes are often dangerously caused by drunk or drugged driving. Alcohol affects all aspects of brain activity, including thinking, judgment, and muscular control. This increases the hazard of drinking and driving.

For instance, it makes it more difficult for the driver to respond to the road and the surroundings of their car. The drunk driver’s failure to take any precautions to prevent or decrease the collision’s severity might result in very violent collisions.

In Missouri, driving while intoxicated is prohibited. This includes operating a vehicle while intoxicated by alcohol or other drugs like marijuana or painkillers.
Families are devastated by these deaths. Children are deprived of having parents. Parents are deprived of their kids as a result.

Speeding

Speed-related crashes cost Americans $40.4 billion each year, according to Insurance Information Institute, 2019.

According to the US Department of Transportation,2020 speeding was the primary factor in 31% of fatal motorcycle accidents, 18% of fatal automobile crashes, 14% of fatal light-truck crashes, and 7% of fatal large-truck crashes in 2018

Speeding killed 10,111 people in the US in 2016, accounting for more than a quarter (27%) of all traffic fatalities, according to NHTSA, 2018.
Speed was a factor in 31% of US teen driver fatalities, according to NHTSA, 2018

The NHTSA surveyed speeding in March 2018 and found that people casually exceeding the speed limit is a significant issue on American highways. A significant fraction of fatal crashes is caused by speeding. In reality, speeding drivers were to blame for 26% of all fatal accidents in a recent year, which cost 13,000 lives.

The chance of the driver and passengers of a car dying in a collision doubles every 10 miles per hour, exceeding the speed limit of 50 miles per hour. While exceeding the speed limit worsens incidents on highways, 86 percent of fatal speeding-related accidents happened off interstate highways, according to the NHTSA report.

In other words, speeding is unsafe not only on highways but also very risky on back roads, city streets, and other roadways—and it’s virtually always a sign of carelessness.

Speed calls for quicker reaction times. It would help if you had faster reaction times at higher rates of speed in case something happens or immediate action is required to prevent a crash. Due to unforeseen risks, several highways have posted lower speed restrictions than you would expect. If you decide to drive quickly on those roads, you can approach the dangers too quickly and have an accident.

The capacity of the driver to handle curves and other road hazards is reduced by speeding. When you are speeding, it may be challenging to react to curves in the road and keep your car in the right lane. Unfortunately, other drivers might not know how you intend to move when your car slides toward oncoming traffic.

High speeds need extra stopping space. If you choose to drive too fast, you will need extra time to stop your car if a ball bounces out into the road and is followed by a youngster. Additionally, you might require more space to stop if an animal jumps into the road or another car suddenly applies the brakes in front of you.

An accident’s force is increased by speeding. As you speed up after an accident, more force is transferred to your car and the other driver’s car. You can experience more force in an accident caused by speeding, which could worsen your injuries or raise your risk of suffering a significant injury or passing away.

Reckless driving & road rage

Over one-third of all traffic accidents is the result of tailgating. According to Safe Motorist (2019), aggressive driving is to blame for 66% of traffic fatalities. A firearm is used in 37% of incidences of aggressive driving. Drivers between the ages of 19 and 39 who were men and younger had a much higher likelihood of acting aggressively, according to the AAA Foundation for Traffic Safety (2016).

In response to aggressive actions like blowing horns, making offensive gestures, or tailgating, 50% of drivers also admit to acting aggressively.

In a 2020 survey of US drivers 16 and older, it was discovered that 45% of participants admitted to exceeding the posted speed limit on a freeway by at least 15 mph in the previous 30 days, along with 23% of those who drove through a stop sign and 21% of those who tailgated or changed lanes suddenly according to the AAA Foundation for Traffic Safety (2021).

An inherent danger of accidents and injury exists when operating a motor vehicle or riding in one. However, when other drivers on the road behave recklessly, these dangers considerably rise. While some drivers make a mistake, others may choose to drive recklessly on purpose. All accident victims have the right to seek compensation for their damages from a driver who causes the collision on purpose.

Most drivers will experience driver impatience at some point in their lives. You can become impatient with slow cars and traffic if you’re rushing or running behind schedule. You should let your impatience lead you to avoid driving carelessly or aggressively.

Drivers who allow their emotions to affect their judgment can cause devastating and tragic accidents. One of the most frequent reasons for auto accidents is aggressive driving. The three most common aggressive driving modes are tailgating, reckless driving, and road rage.

Poor weather

According to NHSTA, in 2019, 17% of all vehicle crashes occurred during winter.

FHWA (2019) reports reveal that freeway speeds are reduced by 3% to 13% in light snow and 5% to 40% in heavy snow. Each year, 24% of weather-related vehicle crashes occur on snowy, slushy, or icy pavement, and 15% during snowfall or sleet. Weather-related road conditions can significantly impact what happens in car accidents. In reality, it ranks among the significant factors in auto accidents.

If poor driving conditions result in an accident, you could be interested in financial compensation. Mother Nature cannot be sued, but a driver who rear-ends someone in a thick fog, for example, is still liable for the accident. All drivers must use greater caution while driving in adverse weather to prevent accidents.

Driving should be done with prudence in lousy weather. In springtime, a safe road to travel at 60 mph may become hazardous at 30 mph during a heavy downpour.

Due to drivers’ frequently limited visibility, ice may pose even more significant risks than snow. Black ice, a condition where a road appears wet but is frozen, is responsible for some of the worst accidents on local roadways.

It’s scary, as anyone who has ever struck a patch of black ice can testify. A driver can lose control of a car at any speed. The issue to consider when black ice is a factor in a car accident is if the driver was entirely ignorant of the risk posed by icy roads and was operating his vehicle as if it were only a little bit wet. Ice is a problem whenever it is below freezing, and the roadways are wet. In those circumstances, failing to drive with utmost caution may constitute negligence.

Even if you drive carefully, accidents can still happen. However, avoiding the top 5 accident causes can significantly lower your risk of getting into one.

Know the basics

The first step is filing a claim with your insurance company. You have to do so within the period prescribed by the insurance policy. The settlement process involves evaluating liability and the total damages you have suffered. If the liability is unclear, the defendant’s insurance company gets an opportunity to offer a low settlement amount. They might even be ready to deal with lawsuits in such cases as their motto is to resolve the case with the least amount of money.

It is essential to have evidence backing up your claim that the defendant is liable. Witness testimony and photos of the accident site and damaged car are vital evidence. We advise you to get the help of a car accident attorney, as bearing the burden alone can be overwhelming. While you can file for a settlement on your own, it is crucial to seek an attorney’s advice when it involves severe injuries, permanent disability, multiple parties, and an utterly liable defendant. Such severe instances ensure a higher claim and can get complicated. If the defense party isn’t reasonable, you need to resort to a jury to get total compensation. Therefore, having an attorney is valuable when dealing with unpredictable car accident settlement trials.

The auto accident settlement’s worth

An essential doubt for many people is how much money they should ask for as compensation. The first thing to remember is that it pays for all costs incurred after the accident. Insurance companies often overlook long-term expenses and undervalue your claim’s worth. It is difficult to estimate the total damages without considering certain factors beforehand.

Determining your car accident settlement’s worth depends on the following factors:

The nature and extent of your injury – Your final compensation amount will mostly depend on the severity of your injury. Compared to accident victims who are anticipated to fully recover, individuals who experience life-altering injuries will receive more enormous rewards.

Loss of employment – Recovering from the accident requires time off work. Your lost wages are to be considered while evaluating the claim’s worth. You may also include compensation for lost earning capabilities if your injuries prevented you from working or if you could not do so to the same level as you could before the collision.

Punitive damages – Punitive damages may also be granted where the defendant acts deliberately careless of others’ safety. These damages penalize the negligent party for their carelessness and discourage such behavior in the future.
Age – The victim’s life expectancy determines the settlement’s worth too. The younger you are, the longer your pain and suffering will be.

Property damages – There’s a strong likelihood that the collision caused severe damage to your car. The compensation you should get should be higher the more harm you have sustained.

The victim’s health – It can be disadvantageous if you have illnesses that may have caused the injury rather than the crash itself.

Non-economic damages- Non-economic damages are those that have an impact on your daily life. They might not cost you money, but they negatively affect your life. Even if they are not physical injuries, non-economic losses like pain and suffering influence the victim’s life. Mental anguish, loss of companionship, and loss of reputation are some other forms of non-economic damages. Your settlement is increased if you obtain compensation for non-economic losses.

The answer is more complex if you wonder what the average car accident settlement amounts are. Different sources mention varying amounts. According to the Insurance Information Institute, the average bodily injury claim following an accident in 2020 was $20,235, while the average claim for property damage was $4,711. According to a Martindale-Nolo poll of readers who filed auto accident claims between 2015 and 2020, the average payout was $23,900, with many recipients getting less than $10,000.

These contradictory statistics are because of reasons such as the damages exceeding the defendant’s liability insurance. Another reason might be the type of legal liability system a state follows. In cases when the liability is uncertain, contributory negligence states prohibit a driver from claiming any damages if they had any part in causing the collision. In contrast, pure comparative negligence states allow a driver to collect compensation from another motorist for injuries, even if the driver was primarily at fault. On the other hand, modified comparative negligence states allow a driver to pursue settlement as long as they are not 50% or 51% responsible for the crash. State laws also determine the settlement amount. For instance, in no-fault states, the driver must exhaust their insurance policy before seeking compensation from the other driver. On the other hand, in fault states, the driver who caused the crash will always be fully responsible for losses.

Maximizing the car accident settlement

Dealing with insurance agents (personal or the defendant’s) is frustrating. Insurance companies are often only concerned with their profit and disregard your inconvenience. To gain the upper hand, follow the things below to get your claim’s full worth.

#1 Strengthen your case with evidence

As mentioned above, having solid evidence and witnesses increases the probability of a higher settlement. Some crucial evidence is the police report with details of the accident, the outfit you had on at the time of the accident, the defendant’s insurance company’s contact information, pay stubs of lost wages, opinions of experts such as accident reconstruction specialists, medical bills, and receipts for the maintenance of your car. It would help if you also visited the doctor after the accident to evaluate your injuries. Even if you might not feel any physical pain, there is always a chance that serious medical conditions like traumatic brain injury develop over a few days. To guarantee that it is documented on your records, inform the medical staff of the physical discomfort you feel due to the car accident. Keeping a record of such injuries and the pain you are suffering in a journal and regularly going to the doctor’s appointment protects your physical health and reduces disagreement with the insurers.

#2 Stay off the social media

While resolving your claim, avoid using social media platforms like Instagram. At the very least, you should avoid talking about the incident or sharing pictures. The insurance company may search these websites repeatedly to find support for their claims that you have healed from your injuries or that they are not as severe as you claim.

#3 Do not be hasty

Even if you aren’t at fault, connect with your insurance company immediately after the accident to recover from damages, as there is a timeframe for notifying them. However, do not accept the first offer they give you. They are probably giving a lowball offer to have a quick settlement. Evaluate all future medical and punitive damages before settling on an offer. If you have a lawyer, consult them about the settlement’s worth. Also, avoid giving a recorded statement of the accident or signing any medical forms without consulting an attorney, as it might have clauses that trap you.

#4 Never make these mistakes

Panicking is the downfall of your settlement case. One thing you must never do is flee the site of the collision. It is mandatory to stay at the site in every state except when it’s unsafe. This is considered a crime and implies you are at fault.

Defending against blame or downplaying your injuries can result in lower compensation offers in the future. The insurance company will use it against you if a subsequent remark conflicts with what you told an adjuster earlier. The best action is to request the insurance adjuster’s contact details and interact with them after making a solid case. Don’t use the word “sorry” when speaking to the insurance adjusters, as it can be considered an admission of guilt. Be cautious not to answer all the insurer’s questions at once. After the accident, new information might emerge that you weren’t aware of, and the adjuster can blame you for fabricating the facts. “I am fine” or “I am okay” are prohibited responses when asked about your emotional or physical condition. It can undermine the extent of your injuries. The last thing to remember is to avoid giving a lot of information about your property damage. Additionally, seek an estimate from your auto repair shop rather than the one the insurance adjuster recommends when they inquire about the damages to your car. To sum it up, do not admit fault, deny or describe your injuries, speculate about what happened, and give a recorded statement.

#5 Have a negotiation strategy

Former FBI crisis negotiator Chris Voss says that the secret to gaining the upper hand in any negotiation is to ask, “How am I supposed to do that?” It would be best if you smartly tried to understand the insurers’ strategy through such questions before making your own strategy. Suppose you have a no-fault insurance claim under PIP coverage. In that case, the process is simple as you don’t have to prove the defendant’s liability. Injury claims against the other motorist’s insurance provider might be more difficult. You’ll need to demonstrate that the other motorist was responsible for the collision and your injuries. Ensure that you establish these four elements prior to making a negotiation strategy: duty of care, breach of duty, proximate cause, and damages. Never increase your offer above the adjuster’s; decrease it. The appropriate course of action is to prepare a letter rejecting the low offer and restating your legitimate claims for your demand. Before agreeing on a settlement sum, you and the adjuster will communicate effectively multiple times. Put your agreement’s cost and details in writing as soon as possible. The confirmation can be delivered by email and hard copy via certified mail. Address your letter of affirmation to the adjuster who made the settlement offer you chose to accept. You should get a Settlement and Release Agreement with directions to sign and submit the original document within a week or two after reaching an agreement with the adjuster.

After all the preparations mentioned above, the most crucial step is to put together a demand packet that you will use for negotiating with the insurance adjuster. The official demand letter and an index of all the supporting materials are included in this packet. It would help if you made a well-organized demand packet, neatly assembling the package in a spiral folder. Create two identical packages, one for you and the other for the insurance company.

Tips to handle the insurer

Each month, insurance adjusters handle 100 claims. They are burdened and may not have formal training in medicine or law. So, when a claims adjuster calls, acquire their contact information right away. Have a dialogue that is brief and to the point. The adjuster may now pay closer attention to your case. Remember that adjusters are taught to resolve claims as fast and economically as possible. To achieve this, they use a variety of tactics. They may strategically avoid communication to cause frustration and make you agree to a lowball settlement offer. Additionally, they benefit from the absence of communication. Sometimes the victim gets no communication and concludes that the minimum cash payment or a cheque sent by the insurance provider is the only money they can get back from the claim. Adjusters may also avoid communication in hopes that the statute of limitations will run out and you cannot recover through either the claims process or a lawsuit.

They could also employ bad faith tactics to reduce the possible settlement the insurance company must provide. The insurer may outright reject a personal injury claim within the insurance company’s coverage limitations without providing a valid justification. In other cases, the insurance company may hesitate by neglecting to conduct a thorough investigation of a claim or make a genuine settlement offer. The failure to provide an offer that covers the accident victim’s special damages falls under this category. Insurance fraud can occasionally be more blatant, and the adjuster may purposefully falsify the insurance coverage details—like the size of the policy limits—to reject the insurance claim.

If you face such tactics, first raise the issue directly with the adjuster and try to resolve the problem. However, if they keep mistreating you, contact their supervisor and complain about their misdemeanor. You may also request the insurance company to change the adjuster.

Conclusion

A car accident case may take a few weeks to many months or even years to be resolved. There is a lot to look at on both sides, which might explain why it takes so long to settle if you have severe injuries and property damage. Medical treatment, filing an insurance claim, sending a demand letter, discussing the facts with the defendant, and negotiating can take 6 to 12 months.

Car accidents are terrifying and can alter your life. However, if you follow this article, settling your car accident settlement claim can pass as quickly as a breeze.