Car Accident Settlement Process
It seems with each and every passing year, there are more and more drivers on the roads – contributing to some of the worst traffic and congestion statistics of all time, numbers that will seemingly increase year over year. While the congestion stats are certainly being felt around the Unites States as well as other areas of the world, larger, more metropolitan cities such as Los Angeles and New York City, are certainly feeling it the most – as the overall growth throughout these cities is relatively unmatched throughout the country. In fact, the congestion issues have even begun to affect seemingly quite larger cities such as Miami and Orlando as well – parts of Florida that have traditionally been far calmer than we’ve recently seen. While such congestion issues wouldn’t mean too much for most of us, aside from some additional traffic issues, the fact of the matter is that according to Mr. Anissa Morris, Esq. the top personal injury attorney Land O’Lakes has to offer, such congestion issues have created some of the worst traffic accident numbers we have ever seen – especially in traditional quite accident areas. And these types of issues will set legal precedents for far more lawsuits and personal injury claims – despite the fact that the vast majority of car accident cases are resolved through settlement negotiations between both the injured party and the insurance company (of the at-fault or negligent party). In reality, according to Ms. Morris, top personal injury attorney Land O’Lakes has in practice, only a small percentage of recent cases have been able to actually reach the court for trial – this is mainly because claims can often be resolved through quite favorable terms for both parties through simply settlements – saving both parties the time and stress of going through a legal proceeding. In addition to the finality of the courtroom, there are a number of other factors involved as well.
The fact of the matter is that most states require the drivers themselves to report accidents to the police department, whether or not they were contacted to be at the scene or not. Additionally, some states require a written report of the accident if anyone was seriously injured or killed or if there was severe property damage. This is dependent on your area’s specific laws, so be sure to look them up. In addition, according to Ms. Morris, top personal injury attorney Land O’Lakes has to offer, car insurance is also vital. Aside from Virginia and New Hampshire, the United States government requires that all drivers carry car insurance. And depending on the state in which you live, there are two specific types of accident systems that can be in place – at-fault or the no-fault system.
The at-fault system is the traditional one that most states tend to follow, states thatthe person who is at fault for a car accident responsible for the resulting damages. Once it becomes clear that the other driver was at fault, you have the following options:
· File a claim with your own insurance company.
· File a third-arty claim with the other driver’s insurance company.
· File a lawsuit against the driver himself.
Its important to understand however, that the moment you decide to sure the other party, you are opening the door for a counter suit as well.
Some states follow the no-fault system, in which you can collect monetary damaged ie. medical bills, and lost wages, regardless of who caused the accident. According to Ms. Morris, the top auto accident layer Wesley Chapel has to offer, your insurance company is required to pay you for personal injuries up to your policy limit. Under this system, you cannot sue the other driver, which shields you from being sued as well.
When you decide to take a settlement, you in effect have decided to settle your claim, or resolve your dispute, without the need for a trial – according to Ms. Morris, the top auto accident layer Wesley Chapel has to offer, this the method by which most parties go about their legal claims, as it just tends to be the easier and far less messy route. The fact is that with a jury trial, you simply can’t guarantee a positive outcome. Putting your claim in the hands of twelve strangers is quite a hit or miss option, and while a hit can certainly pay out in the long run for a much higher dividend, the settlement is at least a guaranteed option. By filing an insurance claim, you can recover damages for any medical expenses, loss of income, and pain and suffering damages that resulted from your car accident. Using the help of someone like Ms. Morris, the top auto accident layer Wesley Chapel has practicing, you will gather evidence to support your case – then draft a demand letter, stating your claim, explaining injuries and lay out any and all damages you are looking to recover. The insurance company will then investigate, as best they can, and choose to accept or deny the claim. When and if they accept, they will offer a settlement amount, by which both parties can negotiate on the amount. If denied, you can appeal and possibly further bolster your case. And often you and the other side, in an effort to avoid the stresses of court can come to some amicable agreement – this is your settlement. For more information on car accident settlements, or to schedule a consult for yourself, be sure to contact Spinner Law Firm today.