You can boost your car accident compensation by learning how to effectively negotiate your claim with the insurer. Most claims are settled outside court by negotiating with the insurer. However, there are situations where you might have to take your car accident case to trial. In such a case, we suggest that you seek the services of a New Bedford car accident lawyer to avoid making costly mistakes and to maximize compensation.
Insurance adjusters know how to negotiate and will lowball anyone who looks like they have very little experience or aren’t willing to take the case to trial if need be. However, once you understand the legal terms and claims process, you’ll be better prepared to successfully negotiate your car accident claim. We strongly suggest that you only handle minor claims on your own. If your injuries are severe or your case is complicated, it’s best to get in touch with an experienced car accident lawyer in New Bedford to handle your case for you.
Below is a guide that can help you negotiate your claim successfully.
Build Your Car Accident Claim
Any evidence collected at the scene of the accident will be used to build your case. This is why what you do after an accident is very important. Below are the necessary steps that you should take after an accident:
1. Get Medical Care
You need medical documentation if you want your claim to be successful. Always seek medical treatment after a car accident regardless of how minor you think your injuries are. You may have serious internal injuries or traumas that may be masked by the distress and shock from the accident.
If you delay or refuse treatment, your insurer will deny your claim or give you the lowest possible settlement offer.
2. Notify Your Insurer
Massachusetts is a no-fault state so your lost wages and medical bills will be covered up to the state limits by your Personal Injury Protection Cover. Unfortunately, PIP does not cover pain and suffering.
You won’t need to file a claim against the at-fault driver unless your injuries are so severe that they exceed the limit set by your PIP. In such a situation, it’s best to get in touch with a good New Bedford car accident lawyer near you to get fair compensation.
You should notify your insurer as soon as possible about the accident regardless of whose fault it was. Your policy has a clause that states how soon your should notify your insurer about an accident. Most insurers require that you report an accident within 24hours after an accident. However, this is not a requirement as long as you file your claim within the statute of limitations. The downside to a delayed claim is it will take much longer for you to get compensated because the insurer will investigate if your claim is true. Additionally, they may deny your claim.
Prepare for Negotiations
The good news is that you do not have to prove fault in Massachusetts because it is a no-fault state. All you need to do is to provide your medical bills and proof that your injuries were caused by the car accident. However, if you want to file for compensation against the other driver, you have to prove negligence on their part. Below are the elements you need to prove in order to show negligence:
- Duty of care: the other driver had a duty of care to ensure that they drive safely and maintain a safe distance behind other cars.
- Breach of Duty: you have to show that the other driver breached their duty of care by committing negligent acts such as texting while driving, driving under the influence of alcohol and/or other drugs, etc.
- Proximate cause: you suffered serious injuries in the accident. If the other driver had been more attentive on the road, then you wouldn’t have gotten in an accident in the first place
- Damages: you incurred losses as a result of the accident and they include medical bills, and lost wages, among other damages.
Get a Free Case Review From a New Bedford Car Accident Lawyer
Get a free initial consultation from one of our car accident lawyers in New Bedford. Don’t take any chances. Contact us today at 508-999-0800 and maximize your compensation.
