Car accident settlements work through a negotiations process. The person who files a claim, called the “claimant,” negotiates an agreement with the auto insurance company of the driver who caused the accident.
Negotiations can take a matter of weeks or months, depending on some factors, including the circumstances of the car accident. For instance, in non-injury accidents, a claimant can negotiate for car repair costs. However, when the accident involves severe bodily injuries, totaled cars—and even death—the requested amount of compensation increases and negotiations may take longer and get more stringent.
Insurance Companies and Car Accident Settlements
Insurance companies want to save money and offer low settlements or no settlement at all. When confronted with giving a higher settlement amount, insurers hunt for reasons to deny the request. Unfortunately, this is usually how car accident settlements work. Claimants unfamiliar with an insurance company’s strategies may not get the full amount of compensation they deserve for the damages they suffered from the accident.
If you have concerns over the settlement offer you received from an insurance company, speak to one of our lawyers at the Law Offices of Ogle, Elrod & Baril, PLLC. Our lawyers have decades of experience negotiating car accident settlements on behalf of our clients. Let us review your settlement offer before you accept it. We know a low offer when we see one.
What Do I Do When a Car Insurance Company Lowballs You
You can decline the offer and make sure your injury attorney has given the insurance company a list of the financial damages you suffered because of the accident. For physical injuries in the crash, the crash lawyer can list such losses as:
- Your hospital bills
- Bills for visits to your doctor or specialists
- Your future medical expenses if you have a catastrophic or long-term injury
- The wages you lost because your injuries prevent you from working
- Bills for physical therapy or other forms of rehabilitation
You want to make sure that you identify all of your financial losses, and your emotional damages as well. Car accident victims can also suffer damages not so easily calculable.
“Non-economic damages” include:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of consortium
By calculating your compensatory and non-economic damages, we can determine how much your insurance claim is worth. Your motor vehicle accident attorney may also collect evidence to support your case before filing a claim.
Types of Evidence a Car Accident Lawyer Collects for an Insurance Claim
For one, we can gather your medical records that show the nature and extent of your health condition if you suffered injuries. Besides your doctor’s diagnosis, your documents may provide a prognosis that gives you an idea of what you may be facing in the future. When this is the case, the Law Offices of Ogle, Elrod& Baril, PLLC, can include your future medical needs in your claim.
In addition to your medical records, your evidence may also include:
- A police report of the accident
- Photographs of the accident scene
- Traffic surveillance video of the crash
- Eyewitness statements about the accident
Our law team will go over all the relevant evidence with you to present your claim. One of our lawyers can go over your proof and offer suggestions for different type of documents that may help support your claim.
How Police Reports, Photographs, and Eyewitness Statements Prove Your Case
These and other documents provide proof that another driver’s negligence caused a car accident and you suffered damages as a result. It is essential to ensure evidence because Tennessee is a “fault state” when it comes to car accidents. In a fault state, the driver who caused a crash pays for damages resulting from the collision.
Our lawyers know how to take this information, file an insurance claim, and negotiate your claim with a claim’s adjuster.
A claims adjuster is the person who investigates car accidents for an insurance company. The adjuster is the person who makes offers and counteroffers on the insurance company’s behalf to claimants. When we negotiate a claim on your behalf, we make sure the claims adjuster knows the emotional and physical impact the accident had on you.
We are usually able to reach a fair settlement with a claims adjuster. However, if negotiations fail and the company refuses to offer a reasonable solution, we can file a personal injury lawsuit. However, we will continue to negotiate a settlement out of court.
Let the Law Offices of Ogle, Elrod & Baril, PLLC Help With a Crash Settlement
The Law Offices of Ogle, Elrod & Baril, PPLC, handles all aspects of insurance claims, from filing claims to negotiating claims on behalf of our clients. Call us today at 865-546-1111 for a free legal consultation.
We work on a contingency basis which means you do not have to pay for our services unless we recover compensation for you.