If you’re injured in a car crash caused by another motorist, you can seek compensation from the at-fault party. You accomplish this by seeking an out-of-court settlement or filing a lawsuit.
It’s usually advisable to get legal assistance with this process. But if you’re unsure of the process for settling a vehicle accident claim without legal representation, this article is meant for you.
Keep reading to find out how to settle car accident claim without attorney and why you may reconsider retaining legal representation.
How to Settle Car Accident Claim Without Attorney?
Follow these steps if you wish to know how to settle car accident claim without attorney:
1. Evaluate the extent of your damages
You should ensure you have a clear understanding of the damages incurred before you start seeking compensation. That extends beyond the damage inflicted on your car and any injuries you may have sustained.
Add up all of the costs you’ve racked up since the accident. Include all costs, such as auto repairs, medical care, and lost wages due to absence from work.
Additionally, you might be entitled to include future costs in your comprehensive list of damages.
If, for instance, your injuries limit you from working at your ordinary job for some years, keep a record of it. These future lost wages might be included in your overall damages.
Remember that establishing the exact amount of your damages might be tricky. Consider every expenditure that can arise to negotiate the highest settlement possible.
There’s no harm in being too demanding as long as you’re willing to negotiate the settlement.
2. Identify the liable parties
After a car accident, you’ll need to ensure you’re filing a claim against the involved persons or entities.
You will typically negotiate with the driver’s insurance company if you file a claim against the driver who was at fault for your collision.
However, other parties could be at fault as well. For instance, if the accident happened while the driver was on-duty, you might be able to file a claim against the driver’s employer.
3. Gather your evidence
You must build a compelling case to boost the odds of receiving a reasonable settlement offer.
You should have solid proof indicating that the other driver was at fault, including witness testimony or a police report.
You’ll also need proof of the magnitude of your damages, such as medical files and a diary documenting how your pain has affected your life.
Your chances of convincing an insurer to accept liability and the estimated damages you have suffered increase as you gather more proof.
4. Speak to the claims adjuster
After filing your claim, you must meet with the claims adjuster to know what they are ready to pay before you can negotiate a settlement. They’ll consider your car’s damage and any accident-related medical costs you may have incurred.
Claims adjusters will use this information to determine a settlement amount that they consider reasonable. They are, however, unlikely to make satisfactory settlement offers straight away.
You must negotiate with the insurance company if you want to maximize the value of your settlement. Put your emotions on hold whenever you talk with the insurance company.
Remain composed when speaking with them to better listen to what they have to say and notice any issues with their argument as they arise.
5. Craft your demand letter
Drafting the demand letter comes after you have a general idea of how much the insurance provider is willing to cover. You can discuss why the settlement offer is insufficient and why you need more money.
Use actual figures to describe the extent of your damages and injuries in as much depth as possible. Then explain why the other motorist is liable for those extra costs and why their insurer must pay you what they owe you.
Even though it’s uncommon for the demand letter to increase your settlement amount to your desired level, it serves as the starting point. It shows the insurer that you’re ready and willing to fight for what you deserve.
The insurer or insurance adjuster will make a counteroffer after getting your letter. You can accept the counteroffer at this stage or proceed with the negotiation.
If you accept the counteroffer, your case is closed, and you may concentrate on getting your life back on track. But if you choose to keep negotiating, you’ll probably need to file a lawsuit if you wish to recover as much compensation as possible.
6. Do your due diligence before going to court
Do your homework before entering the courtroom. Consider the expenses you’ll incur to present a case in court.
Administrative expenses, court fees, and the likelihood of more lost income are all involved since you’ll have to spend time in court instead of at work.
Resolve the vehicle accident case through an out-of-court settlement if you can.
You’ll meet with the other motorist’s car accident lawyer and agree on fair compensation. Doing this will save you time, money, and the cost of hiring a car accident lawyer to defend your case.
If you decide to file a lawsuit, research all sorts of settlements other motorists in your situation received in prior cases. That will make it easier for you to know your options and odds of winning.
Keep in mind that you can be required to cover the other driver’s legal costs if you lose. You’ll do better if you’re more equipped for your court session.
7. Await the judge’s verdict and accept the settlement
After hearing your case, the court will decide how much of a payout you receive. If you carried yourself professionally, that sum would be more than the insurer’s initial offer.
However, the judge could rule that the insurer’s initial payment was fair if you couldn’t present a compelling argument. After accepting the compensation, you can close your car accident case and resume your life.
Risks of Settling a Car Accident Claim Without a Lawyer
The most important question you should ask yourself after being hurt in a vehicle accident is not how to settle car accident claim without attorney. Instead, you be asking whether doing so is a good idea.
Handling a car accident claim without legal representation comes with significant risks. Here are some of the possible risks:
- You may receive much less compensation than you deserve. According to the Insurance Research Council, car accident victims who hire attorneys get bigger payouts from insurers than those who represent themselves.
- You could make an error that prevents you from getting the compensation. For instance, the statute of limitations places a deadline on how long you must file a claim for an automobile accident. Your claim can be time-barred if you delay.
- You may end up renouncing your rights. You cannot simply back out of a settlement agreement if you sign it before knowing the full scope of your damages.
- You may overlook crucial evidence. An attorney can assist you in locating expert witnesses, obtaining police reports, and gathering medical records to build a compelling case. These tasks are challenging to complete on your own.
Remember that insurers want to pay the least amount possible, and they can do so thanks to their knowledge of handling car accident claims and access to legal counsel.
If you attempt to handle your case on your own, you are gravely placing yourself at a disadvantage — and you may get way less money as a result.
Benefits of Hiring an Attorney to Settle Your Car Accident Claim
While it’s possible to represent yourself in court and resolve a claim without the help of an attorney, it’s not recommended. Hiring a car accident attorney is often the best course of action because:
- An attorney can increase your chances of settling out of court. Your attorney can bargain with the insurance provider on your behalf.
- Your attorney can help you estimate the value of your case. That way, you won’t accept an unreasonably low sum of money.
- The insurance company is more inclined to take your case seriously when you have an attorney. They will know they must uphold your rights because you have a qualified advocate.
- You have a better chance of obtaining a larger compensation amount. And better still, they can speed up the settlement procedure, so you receive your money sooner.
- The lawyer’s interests align with yours. You generally don’t pay legal fees until your attorney successfully gets you compensation. Additionally, a portion of the cash you get from your attorney serves as their fee. That implies that your attorney has the motivation to assist you in obtaining the highest settlement amount.
Damages from car accidents may be immense, especially if you suffer severe injuries. Given the amount of money at risk, you might not want to take chances by handling your claim alone.
Instead, consider scheduling a free appointment with an expert lawyer to learn more about the kinds of legal assistance that are accessible to you.
Find a Car Accident Attorney Near You
The first thing that comes to mind after an accident could be how to save costs. You are ready to file your case now that you understand how to settle car accident claim without attorney.
But that doesn’t mean you should do it alone. Let Legal Giant connect you with a skilled car accident attorney to get you the compensation you deserve instead of trying to represent yourself.
Our partner attorneys work on a contingency fee basis, so you will not have to worry about legal fees. You will only pay after winning the case.
Contact us at (855) 740-5024 to schedule a free consultation and case evaluation.