Auto accidents can be devastating. You can suffer significant injuries that can affect your mobility and job and even make your life difficult for months, if not years.
If someone else was at fault for the accident and your resulting damages, you can seek compensation from their insurance provider.
Generally, insurance providers handle car accident claims by offering a settlement. But what exactly does the auto accident settlement process and timeline look like?
Read on to find out!
Auto Accident Settlement Process
An auto accident settlement involves several steps. You have to complete them all to seek compensation for your damages.
Filing a personal injury claim
Filing a claim is the first step of the auto accident settlement process. Usually, you file a claim against the driver who caused the accident since they are liable for your damages.
Some of the damages you can list in your personal injury claim include:
- Medical bills
- Lost wages
- Loss of capacity to earn
- Vehicle repair costs
- Mental anguish
- Pain and suffering
- Loss of enjoyment of life
While the at-fault driver is liable, their auto insurance is the one that pays for your damages. That means you will file your claim with that insurance provider.
You must notify the insurer in writing that you are filing a claim. The statute of limitations in Georgia is two years from the accident date.
And since the claims process is confusing, working with an experienced car accident lawyer is advisable.
Investigating the accident
The at-fault driver’s insurer will investigate the car accident as soon as you file your claim. Please pay close attention to how they approach this.
Insurance firms are infamous for straying from standard procedure when investigating claims. They want to pay the least amount possible and can infringe on your rights while at it.
It is advisable to consult a car accident attorney before making any statements to the insurance provider or signing any documents. Refrain from providing any information that might be used against you in the future.
Likewise, you and your attorney must investigate the accident when building your case. This involves:
- Taking photos of the accident scene
- Seeking medical help and documenting your injuries and treatments
- Getting a copy of the police report
- Keeping track of your expenses
- Getting contact addresses of the witnesses
Claim approval or denial
The insurance provider will approve or deny your claim after thoroughly investigating it. Usually, they will deny a claim if the at-fault party’s policy does not cover the accident or if they notice errors in your claim.
Whatever it is, seek a candid explanation of why they denied your claim. Your car accident attorney can help if this happens.
If the insurer approves your claim, their policy covers your damages. But that doesn’t mean they will offer fair compensation.
Seeking a fair settlement
If the insurer approves your claim, they will probably make a lowball settlement offer. You don’t have to accept it. You have the legal right to bargain for a fair settlement after considering your expenses and injuries.
It is advisable to have a lawyer during the negotiation stage. Insurance adjusters understand personal injury too well, and their job is to persuade you to accept less.
Fighting for your right to total compensation can be challenging without legal expertise. So, get an attorney who knows how to deal with insurance providers.
What If the Insurance Provider Refuses to Settle?
Even with a lawyer’s assistance, the insurance will occasionally refuse to negotiate on their settlement offer.
This rarely happens. In most cases, both parties reach an agreement, and you are compensated. You still have options if things don’t turn out as you had hoped.
Request mediation
You can request mediation if you and the insurance provider can’t reach a settlement agreement. You will have a meeting with the insurer’s representative in front of a mediator.
The mediator is a neutral third party who will hear both sides out and help you reach an agreement. You may attend this meeting with your legal representative.
If the mediation goes well, you will decide on a settlement amount. You may need to sign a “release of liability” form in which you pledge not to file a lawsuit.
File a lawsuit
Your lawyer might propose filing a lawsuit if you and the insurer cannot reach a settlement agreement.
This is a huge decision since lawsuits are expensive and time-consuming. However, it is the best option in some circumstances. Ensure you have an auto accident lawyer who can do everything to help you win.
How Do I Receive My Auto Accident Settlement?
You may wonder how you will get paid once you finish your auto accident settlement process.
The details of your case will determine how you will receive your payment. In most cases, the insurer will write a check for your settlement amount after you sign the release of liability form.
They may send the cash to your personal injury attorney, who will deduct a percentage as their legal fee before sending you the bulk of the settlement.
The story would be different if your case goes to trial and the at-fault driver is compelled to pay for your damages. The verdict will depend on whether or not the driver has insurance and the resources to pay for what they owe you immediately.
It would be best if you were working with a car accident attorney who can explain how the payment plays out.
Consult an Auto Accident Attorney Today!
Insurers will entice you to take a far lower settlement than you need.
At Legal Giant, we understand how expensive auto accidents can be. Refrain from putting yourself in a situation where you must pay for the injuries and expenses you did not cause.
Our partner attorneys are familiar with tricks insurers use to get you to accept lowball offers. They will do everything during the auto accident settlement process to get you the fair compensation you deserve.
Contact us at (855) 740-5024 for a free consultation today.
