Most people settle their auto accident claims outside the courtroom. Below are some of the major points you will have to negotiate with the insurance adjuster to get your compensation.
Coverage
Coverage determines whether the available insurance policy applies to the accident. Coverage is usually not a major issue unless there are glaring reasons the policy should apply. Coverage might be a big deal, however, if the following situations apply:
- The owner of the car was not driving (for example, in case of a rental or borrowed car)
- There are questions on whether the driver was driving for commercial or personal reasons (if the car has private insurance)
- There are questions with the insurance coverage, for example, if the driver didn't disclose everything during signup
In most cases, however, you will be able to clear up the coverage issues fast.
Liability
Liability is one of the biggest issues during auto accident negotiations. No driver or insurance company wants to admit liability for an accident. In fact, insurance companies tell their clients to deny liability at all counts. A useful denial of liability can save the insurance company thousands of dollars.
Here are some of the situations in which liability issues can slow your case:
- You were involved in a multicar accident
- You don't have proof of your claim
- Acts of God or natural forces (such as weather) caused or contributed to the accident
Arm yourself with serious evidence to prove the other driver's liability. You need things like pictures of the accident scene, video footage of the accident, the police report, and eyewitnesses, among other things.
Injuries and Damages
The adjuster might also dispute the nature of your bodily injuries and property damages. For example, the adjuster might argue that some of your injuries stem from a previous accident and not the current one.
Just like liability, the issue of injuries and damages can also drag your claim. Prove your claims by using things like medical records, eyewitness testimony, police report, and expert witness testimony, among other things.
Treatment
Medical and property damages form a huge part of auto accident claims, but they are not the only ones. Other damages include:
- Pain and suffering
- Lost wages
- Loss of future earning capacity
- Loss of use (of the car)
Expect the adjuster to dispute each of these damages. Again, the only way to prevail with your claims is to present irrefutable evidence for the same. For example, your pre-injury paystubs, tax returns, and contract letters can all act as proof of lost income.
You have the right to reject the adjuster's offer and file a lawsuit if the negotiations are not fruitful. However, have a car accident attorney evaluate your case and offer before doing that to ensure you are making the right decision.
