Blog Post

Factors You Can Control to Boost Your Auto Accident Settlement

Jan 05, 2021

Many factors determine auto accident compensation. Some of the factors might be out of your hands, while others are things you can control. Below are some of the factors you can control to boost your auto accident compensation.

Strong Evidence 

In most auto accident cases, you won't deal with the liable party directly - you will deal with their insurer. Insurance companies understand that strong evidence of liability and damages carries weight in court. Thus, you stand a good chance of getting good compensation if you can prove liability and damages. Below are some forms of evidence that can strengthen your case:

  • Pictures of the accident scene, car damages, and your injuries
  • A police report that details the facts of the case
  • Medical records that tie your injuries to the accident
  • Medical bills that prove your medical damages
  • An expert witness that proves the other driver's liability
  • Video evidence of the other driver ignoring traffic signs
  • Eyewitness testimony that proves the other driver's liability

The more evidence you can present, the stronger your case will be. Ideally, all forms of evidence should tell the same story. Contradictory evidence will weaken your case.

Many auto accident cases settle outside the courtroom. Negotiations usually continue even after the auto accident victim has filed a lawsuit. Those with good negotiation skills usually win good money. Below are some negotiation tips you can rely on:

  • Start high to give room for negotiation.
  • Understand your claim's value.
  • Don't take the first offer from the insurance adjuster. 
  • Stick to facts when talking with the insurance adjuster.
  • Support your claims during negotiations. 

Don't forget that you don't have to accept the adjuster's offer. You have the right to file a lawsuit if the adjuster's offer is too low and the negotiation has stalled.

Evidence shows that accident victims who file or threaten lawsuits earn more settlement than those who don't. Filing or threatening to file a lawsuit can almost double your settlement.

The data makes sense if you consider that lawsuits cost insurance companies money. They have to:

  • Pay their lawyers
  • Pay court fees
  • Pay expenses, such as transport costs
  • Pay expert witness fees

In addition to the above expenses, lawsuits are also unpredictable. Most insurance companies would rather settle outside the court and avoid the hassle of trial. Besides, a lawsuit also signals the belief you have in your case.

Patience

Getting good compensation for your auto accident case will take some time. So maintaining your patience can help you get the best settlement. For example, you should only send your demand letter once you have reached your maximum medical improvement (MMI). The MMI means you understand the value of your case.

The insurance company also needs time to investigate the facts of your case. Negotiation takes time as well. Some insurance companies even drag out the negotiation to get you to give up and take whatever offer they have on the table at that time.

Don't expect a good offer from the insurance adjuster as soon as you send your demand letter. If you need money urgently, get it from other sources (such as a loan) and use your patience to get the maximum settlement possible. Talk to your lawyer about lawsuit loans.

Legal Representation

Lastly, retaining an auto accident lawyer is also likely to boost your settlement. An auto accident lawyer:

  • Has better negotiation skills than the average person
  • Will understand the true value of your case
  • Understands how to build a good auto accident case
  • Proves the seriousness of the case to the insurance company

Note that you should hire a lawyer as soon as possible after an accident. However, you can hire one at any stage of the claim.

You don't have to settle for a pittance if you have an auto accident claim. Wegner & Associates can help you get good compensation for your auto accident. Contact us for a free initial consultation to review your case and determine the way forward.

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