Car accident settlements are tricky, and just as much trouble as the accident itself, to say the least. But the worst part about the whole process is the lack of clarity on how much you’ll end up getting paid.
Is the compensation based on how much your car is worth?
What if the accident happened due to no fault on your part?
There are quite a few factors that can impact your case. And, you are better off being aware of how these factors work in favor or against you, to be able to make a realistic assessment of your claims.
Let’s understand these dynamics of car accident settlements in detail.
- Who Is Liable For The Accident?
In all fairness, you can’t claim much if you’re the one at fault. Reckless driving and ignorance of traffic rules can significantly affect your chances of getting paid even the bare minimum, like compensation for car damages or physical injuries.
Sometimes the liability may rest equally on both the parties, or more on one party. The law places a great emphasis on the responsibility of drivers when determining the entitlement to car accident settlement.
- What Physical Injuries Did You Suffer?
Let’s say you weren’t liable for the accident at all. But you sustained major physical injuries that affect your lifestyle and work significantly. And of course, there must be endless medical bills for your treatment.
In this case, you are also entitled to recover the cost of medical care from the car accident settlement. Remember, you should seek immediate medical treatment and retain all the bills for the record for a hassle-free settlement.
- What Is The Extent Of Other Losses Suffered?
The law recognizes several other situations that deserve fair compensation in a car accident settlement. These include mental trauma and loss of income.
A good personal injury lawyer will make sure that your real troubles don’t get ignored in the complex mathematical calculations of a car accident settlement. For example, if you suffered a permanent physical injury or lost a limb in the accident, you would be entitled to claim for the pain and suffering too. Similarly, if the accident leaves you out of work, permanently or temporarily, you should claim for the loss of livelihood.
- What Are The Insurance Policy Terms?
Car insurance policies can either offer extensive liability coverage or minimum coverage in case of accidents. The insurance policy terms of the other party will determine to what extent your claims are covered. A minimum liability insurance would take care of basic repairs to the car, while extensive coverage can include personal injuries.
In case the other party’s vehicle wasn’t insured, you may have to file a claim under your personal car insurance.
- What Are The Local Laws Governing Your Case?
Local motor vehicle laws and tort law have specific provisions for determining car accident settlement claims. For example, most states have adopted the comparative negligence criteria, under which each driver’s liability is considered. However, some states have opted for a modified comparative negligence criteria, wherein, if a driver holds 50% or more of the responsibility for the crash, they can’t claim any compensation.
- How Well Do You Present Your Case?
All said and done, the skills of your legal representative have just as much bearing as the merits of the case. You must hire a responsible and experienced car injury settlement lawyer who can help you calculate your car accident settlement amount and present your case strongly in a court of law.
Conclusion
Whenever you get into a major car accident filing a settlement claim becomes crucial. You may not be feeling up to it, maybe because of your physical injuries or due to the shock of the damage. But remember, you must be vigilant and collect all the evidence you can from the scene of the accident to prove your innocence as this will ultimately affect your chances of due compensation. Also, seek the help of a good lawyer to defend your case.
