You can get a fair settlement by negotiating your claim with the insurance company. In a recent report, there were approximately 273 million cars registered in the United States as of 2018. This number has significantly increased over the past few years. The average cost for car insurance is $6,800 for 18-year-old women and $7,500 for 18-year-old men.
While insurance companies pay out billions of dollars every year for accident claims, they are not obligated to pay you your claim’s worth as long as you are willing to accept less. The good news is that you can get a fair settlement without the help of a car accident lawyer. However, we always recommend that you seek the services of a New Bedford car accident lawyer if your injuries are severe or your case is complicated.
In this post, we are going to explain how to build a strong car accident claim and what to expect from the insurance company.
How to Build a Strong Car Accident Claim
If your car accident claim is a minor one, you can easily settle it outside court with your insurer. However, you need to show proof that the other driver was at fault if you file a claim from their insurer. Massachusetts is a no-fault state so all you need to do is provide proof of treatment for your injuries among other types of damages. Unfortunately, if you are covered under Personal Injury Protection (PIP), you won’t get compensated for pain and suffering.
To prove that the other driver was at fault you need to show that:
- They had a duty of care to drive safely and avoid harming others
- They were negligent through their actions or inactions. For example, they might have been overspeeding or texting while driving
- Their negligence resulted in an accident that caused your injuries
- The accident resulted in measurable damages such as lost wages, property damage and medical bills, etc.
In order to prove all the above, you need to start by gathering evidence at the accident scene. You need to:
- Check if anyone is injured including the other parties involved in the accident
- Call 911 to report the accident
- Write down the other driver’s information. This includes their contact details, license plate numbers, and their insurer’s information.
- Look for witnesses and get a statement from them as well as their contact information in case you need them to testify in court
- Take as many photos and videos of the accident scene from different angles. Find out how Camera Footage Helps Your Car Accident Case.
- Get the police report reference number. Find out how a police report can impact your claim
Contact Both Insurance Companies
Once you have gathered all the evidence, you should send a letter of notification to the other driver’s insurance company. You also need to contact your insurer and tell them about the accident. Most insurance policies specify that you should inform your insurer about an accident within 24 hours.
Massachusetts is a no-fault state so you are required to first use your Personal Injury Protection coverage first. However, you can still file a car accident claim against the at-fault driver’s insurer. You also have the option of letting your insurer pursue the claim on your behalf.
Start Your Negotiation
Claim adjusters know how to investigate claims and negotiate settlements. They can also deny your claim if they have valid reasons to believe their insured wasn’t at fault.
You should expect a claims adjuster to get in touch with you once you notify the insurer of your intent to file a car accident claim. They will then open a claim for you and send to you a Reservation of Rights Letter. The letter basically states that the insurance company reserves the right to investigate and deny your claim if your losses aren’t covered.
The good news is that negotiating claims such as car damage is usually straightforward. All you need to do is show proof of repair and the cost. If your car is deemed a total loss, the insurer will most likely conclude that it’s much cheaper for them to pay the book value of the car as opposed to repairing it.
As for your injuries, your insurer will ask you to sign a medical release. However, you should avoid making any kind of written or recorded statements without your New Bedford car accident lawyer present. The insurer might just trick you into admitting your own negligence and deny your claim.
When Negotiations Fail, Contact a New Bedford Car Accident Lawyer
Sometimes hiring a car accident lawyer is all it takes to get a stubborn insurance adjuster to offer a reasonable settlement amount. Contact one of our car accident lawyers in New Bedford and get a free case evaluation today.
