Can You Negotiate a Car Accident Settlement?

Navigating a car accident’s aftermath is challenging, especially with mounting financial pressures. While insurance companies often propose settlements that undervalue your claim, you can take control. By actively negotiating, you’ll effectively communicate your losses and work towards securing fair compensation.

Below, we outline key strategies for negotiating car accident settlements and offer practical tips to help you maximize your results.

Benefits of Settling vs. Going to Trial for Car Accident Settlements

Settling a car accident claim out of court and going to trial both have merits, but the former is often favorable for victims. By negotiating a settlement, you can resolve significantly faster than enduring a trial, which can last for months or years.[2] This expedited process allows you to receive compensation for medical bills and living expenses. Moreover, when you actively negotiate, you take charge of shaping the outcome to meet your needs.

Conversely, trials rely on the jury’s verdict, which could leave you without compensation. However, trials can result in higher compensation and, depending on the details of the case, may even set a legal precedent.[1]

While car accident settlement amounts vary, pre-settlement funding could help you cover costs as you navigate the legal process.

Importance of Personal Injury Lawyers in Car Accident Settlement Negotiations

An experienced personal injury lawyer can help you navigate the intricacies of negotiating a car accident settlement by:[2]

  • Leveling the playing field: Insurance companies have entire teams of lawyers and adjusters working on their behalf. Managing a settlement alone puts you at a disadvantage.
  • Maximizing value: Personal injury lawyers know how to gather and present evidence to help ensure you receive all the damages you’re entitled to.
  • Providing expert negotiation: Lawyers have professional knowledge and experience with insurance law to negotiate car accident settlements properly.
  • Reducing worry: Having a skilled professional on your side may reduce the emotional burden associated with car accident claims

Even with representation, learning how to negotiate a car accident settlement can help you feel confident and secure as you make your way through the process.

How to Negotiate a Car Accident Settlement

Throughout the car accident settlement process, communicate clearly and firmly with your lawyer and the insurance company’s adjuster.

Before meeting with your lawyer, gather all documents proving your injuries and the related expenses and losses you’ve incurred. You should research average settlements for similar accidents in your state so you’re in a position of power at the negotiation table. The initial offer may not meet your expectations but don’t be afraid to make a counteroffer.

How Much Is My Claim Worth?

Your car accident settlement amount depends on myriad economic and non-economic factors. Insurance companies famously attempt to downplay non-economic damages to minimize payouts. As such, an experienced personal lawyer can accurately evaluate how much your claim is worth and use their expertise to counter lowball offers.

Economic damages are tangible losses, and they’re easy to document. They include:

  • Medical treatment: You’re entitled to compensation for medical care, surgeries, hospital stays, and ongoing treatments such as physical therapy.
  • Lost wages: With the hours you’ve missed and your pay rate, you can calculate lost income from the period you were unable to work.
  • Property damage: If the accident causes damage to personal property, such as your car, smartphone, watch, or jewelry, you can claim compensation for these losses.

Non-economic losses, such as pain and suffering, are highly subjective and vary based on individual circumstances. These types of losses include:

  • Pain and suffering: This encompasses physical pain, emotional distress, and diminished quality of life. For example, severe back pain may prevent you from sleeping and impact your ability to perform daily tasks.
  • Special circumstances: Pregnancy and underlying medical conditions amplify pain and suffering. An injured pregnant woman might be unable to take pain medication due to the risk posed to her baby. Likewise, if you have osteoporosis, your recovery could be more lengthy and painful.

Litigation funding can help you cover mounting costs due to the legal process, whether you were involved in a rear-end collision or another type of accident. Visit our page on uses for settlement funding for more information.

What Happens If the Insurance Company Will Not Negotiate?

If the insurance company won’t negotiate or makes an unfair offer, you can file a lawsuit against the negligent driver.[3] Taking a case to court introduces risks because juries are unpredictable, and the costs can quickly stack up. However, a trial might be the only option for getting the compensation you deserve.

Many victims can’t wait that long to pay the bills that are piling up, especially if they’re unable to work due to their injuries. Fortunately, USClaims can give you a cash advance through legal funding, providing vital financial relief while the case resolves.

Negotiating a Car Accident Settlement

If someone’s negligence caused your car accident injury, you can negotiate a car accident settlement with the at-fault driver’s insurance company. If the insurance company offers you less than what you deserve, you should consult with a personal injury lawyer who can accurately value your claim and negotiate a fair settlement on your behalf.

Pre-Settlement Funding for Car Accidents

Waiting for a settlement can be a financial burden. At USClaims, we offer litigation funding to provide you with the cash you need now. We purchase a portion of your anticipated court judgment or settlement, giving you an advance to cover immediate expenses. You only repay us if your case is successful, so there’s no added financial risk.

Our funding can help you manage living expenses, medical bills, and other urgent costs, allowing you to focus on recovery and your legal case without financial stress. We’re committed to providing the support you need, so you don’t have to settle for less just because you need money quickly.

Curious about how we can help? Apply now or explore our pre-settlement funding options.

The availability of pre-settlement funding varies by state. Contact USCaims for more information.

Sources

  1. “Benefits of Out-of-Court Settlements Vs. Going to Trial – Halperin Law Center.” Halperin Law Center, 19 Feb. 2024, halperinlegal.com/benefits-of-out-of-court-settlements-vs-going-to-trial.
  2. “Personal Injury Settlement Amounts Examples (2023 Guide) – Forbes Advisor.” Www.forbes.com, www.forbes.com/advisor/legal/personal-injury/personal-injury-settlement-amounts/.
  3. “Responding to a Low Personal Injury Settlement Offer.” Www.alllaw.com, www.alllaw.com/articles/nolo/personal-injury/responding-low-settlement-offer.html.
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