There is no fixed amount in such accidental cases. The good settlement amount depends on various factors like something that is enough to cover the medical and repair bills. Therefore, the amount varies from accident to accident. But that does not mean that there are no criteria to determine the amount. It mainly depends on the severity of the accident and damages.
In addition to this, the laws vary from state to state. Therefore, before going out to argue against the other party, you need to learn about the rules. And if you are new to a place or you are not aware of the laws, you should better hire an attorney.
Lawyers also have specialization. Therefore, it will be easier for you to find someone who has expertise in car accidents. If not, you can check some on this website. They will tell you about your rights after you encounter such a situation. So if you are planning to take the case to the court, you will need an attorney to represent you. This will let you get the maximum amount out of the settlement. So hire one from them and they will handle it for you.
A Settlement Offer
So what is a settlement offer? When you encounter a car accident and you were not at fault, you will ask the other party for compensation. The insurance company of the other party will be bound to provide you with the amount to cover your damages. Thus, you won’t need to pay for the repair and medical bills by yourself.
However, insurance companies won’t easily pay you the amount. There are many variables in the whole process.
One of the ways is that you get your car repaired and provide the bills to the insurance company. They will go through them and provide you with the amount.
The other way is that you go to the insurance company and they let you go to a specific mechanic. They have dealer workshops that work with them. So the company actually has someone they trust. Therefore, they will ask you to get the repair work done by them. In this case, you won’t need to pay a single penny. The company will directly pay the mechanics.
Or you both parties will settle on a specific amount and the party at fault will pay for it. Of course, the insurance company of the other party will pay for this settlement amount.
So what’s the problem then?
The insurance company won’t easily pay for the amount. They will try their best to minimize the settlement amount. Therefore, they will do a thorough investigation and make sure that they find you at fault too. Even if you are 1 percent at fault, they will deduct the amount.
In addition to this, there are many legal things that a common person is not aware of. Therefore, they will use those narrow passes and make sure to reduce the settlement amount. And on the other hand, you will be trying to get the maximum out of it. Therefore, such complex situations are not easy to deal with. So you will need an attorney who is well aware of such legal complications. He will make sure that you do not lose any bucks because of some complications.
What are you entitled to?
After a car accident, there might be medical bills and car repair costs. So whether there is anything else that you are entitled to get or not? There are. Even if you are discussing the medical bills, there will be a cost for psychological therapy. You can claim that you are suffering from psychological trauma because of the accident. Thus, the other party will have to pay for that.
Here are some other things that you can ask for;
- Your visit to the doctor right after the accident
- If there is a need for a hospital stay
- All the amount for prescribed drugs
- If you need any surgery
- The lost wages because of the accident
- In case of a diminished earning potential
- Mental anguish and pains and suffering
- Property damage
- The complete funeral cost in case of death
- The repair cost of your vehicle
A common man won’t know all these things. Therefore, he might not ask for all the amount. But if you hire an attorney, he will know what you can ask for. This will let you an advantage. Thus, you can get the maximum out of the situation even if they use cheat ways.
Factors that can negatively impact your recovery amount
Just like you can use different means to get the maximum, the other party can also use cheat ways to reduce the amount. Here are a few of them, make sure to prepare yourself in advance.
Negligence at your end
There are a total of 3 types of negligence;
1. Contributory negligence
If there is any sort of blame on your end, you won’t be able to claim compensation. The law will stop you from getting the compensation.
2. Pure comparative negligence
According to this, you can get your compensation even if you were at fault.
3. Modified comparative negligence
If your fault was less than the other party, you can get compensation.
Thus, there are a total of three types but you won’t be able to use them to your benefit if you do not know them. Furthermore, you cannot just randomly play your card because otherwise, it might harm you both. Because the insurance companies have a whole team of lawyers. They will use different means to make your claim irrelevant.
Therefore, you need someone who can fight in their way. That is why, for complex cases, hiring an attorney would be the best option. They will look for the party at fault. Moreover, they will also access your losses in terms of monetary loss, repair cost, and other damages. Thus, will make the situation best for you.