How to Negotiate Auto Accident Claims
After being involved in a car accident, there are different matters you need to attend to, from getting your car fixed to getting treatments for your injuries. All of these things cost money. If you are not the one to blame for the accident, then you have the right to seek damages against the party at fault.
There are many things to consider before actually going after the other party. The law provides that drivers should have current insurance before operating a vehicle. However, some drivers still drive without insurance. This is why, before negotiating your claim, you should be aware if the other party has an insurance coverage or not. If the party at fault has no insurance then you will definitely need to be more aggressive in pursuing your claim. In most cases, car accidents where the other party has no insurance almost always result in the victim having to file a case in court to demand payment for the damages and losses resulting from the accident.
In case the party has insurance coverage, then you should be aware that these insurance companies employ expert insurance adjusters who will do everything to protect their insured from claim or law suit. Hence, it is never a good idea to try and negotiate your claims on your own. The best thing to do is immediately hire top auto accident attorneys who can negotiate and fight for your demand against the insurance company of the other party or even against defense lawyers if need be.
In negotiating your case, the first thing that your lawyer will do is draft and sends a demand letter, which includes the following:
- Narration of the facts of the accident;
- Damage to the vehicle;
- Medical findings;
- Impact on enjoyment of life;
- Loss of Earnings claim;
- Jury verdicts; and
- Demand Offer.
In preparing your demand prior to negotiations, you need to understand that the demand should include all the evidence you need to prove fault on the part of the other party in order for you to really convince the other party that settling your claim at the demand offer you want is actually beneficial to him as well. Otherwise, the other party may just deny your claims outright or provide a small sum as counter offer not enough to even pay for your actual damages and treatments.
As a car accident victim, you should know that you have a right to claim the following damages:
- Property damage;
- Actual medical costs;
- Future medical care;
- Loss of earnings;
- Pain and suffering; and
- Other losses like loss of consortium, of support and the like.
The focal point in getting the highest compensation you deserve is by making sure that you have enough leverage against the other party so much so that the other party will not have any other choice but to give in to your demands.
In worst case scenarios, you don’t have to be disheartened if the other party’s insurance company is heard headed in not granting your demand offer because you can always file a case against the other party in court. In this instance, an expertly crafted demand letter previously sent would definitely help in making sure that you are able to successfully pursue your claims.
Negotiating your auto accident claims is definitely faster and simpler than filing a case in court. However, although there are no strict procedures to be followed during negotiations, the evidence needed to prove your claim and convince the other party of your reasonable demand offer is the same. Therefore, the assistance of an expert vehicle accident lawyer is vital as early as this stage to make sure that you get the justice you deserve.