The response takes aback many individuals. The limit of the individual who caused the accident is almost often the most important aspect. If you were harmed in a car accident caused by someone else, the first important thing a car accident lawyer can do is figure out who is to blame and how much insurance they have.
If you were critically injured in an accident, the assistance of an attorney might be the difference between receiving compensation for your medical expenditures and improving your quality of life.
The attorneys at Jacoby & Meyers, LLP have extensive expertise defending victims of vehicle accidents in insurance claims and litigation. They understand how insurance companies attempt to avoid or decrease settlements and how to prove a case to an insurance company and the courts.
Some of our recent wins for our customers include:
A $5 million settlement was reached for a truck driver injured when his vehicle collided with the rear of another truck that had unexpectedly stopped to avoid a stopped automobile. While the trial was going on, we hammered out a bargain. A $3.5 million settlement was reached for a client who suffered brain damage in a vehicle accident caused by a weary worker who worked long hours and fell asleep at the wheel, hitting him.
The Value of Automobile Insurance
Insurance does more than pay for a driver’s automobile to be repaired after an accident. It also financially covers the motorist if someone else is injured in an accident. Insurance companies pay for most vehicle accident settlements and awards.
You may submit a claim against an unexpected expense and even get a court judgment in your favor. However, getting your money may be difficult since most uninsured individuals do not have the finances to pay for someone else’s medical bills out of their own pockets.
In terms of automotive insurance regulations, the majority of states are “fault” states. In a fault state, motorists must get liability insurance to cover injuries or property damage they cause while traveling. Thirteen states have “no-fault” legislation, which requires drivers to purchase independent “personal injury protection” (PIP) insurance.
In the case of a collision, PIP coverage compensates a percentage of the driver’s and their passengers’ medical expenses and lost wages, regardless of who was at fault. In no-fault jurisdictions, a hurt driver or passenger cannot sue the motorist who caused the accident unless they have exhausted all their PIP coverage or their injuries are serious enough to fulfill a legal criterion.
Bringing a Claim
You must make a claim to get compensation from your insurance policy or the policy of the individual who was at fault. An attorney may prepare a claim on your behalf as part of a demand package that contains all of the facts in the case, an expert’s analysis of the incident, and a request for cash compensation.
An insurance adjuster will investigate the claim by speaking with you and any other witnesses and reviewing your medical records, the police report, and the automobile damage.
Then they might choose to:
- Pay the claim exactly as specified.
- The claim should be refused, and the claimant should be informed why.
- Accepting responsibility while challenging the claim’s size is frequently the first step toward reaching an agreement.
Providing Evidence of Liability
To get compensation from a third-party vehicle insurance claim, you must demonstrate that the insured party was legally liable for the accident that injured you. You must demonstrate fault by displaying the following items:
The person who injured you had a responsibility to look after you.
The phrase “duty of care” refers to what an unbiased individual would do in a given scenario to prevent causing harm to others. Drivers are responsible to every person on the highway to drive safely and legally.
The person responsible violated their duty of care.
The “breach” refers to what the person at blame did that violated the duty of care. Speeding, failing to yield, traveling while distracted, driving while intoxicated, driving while fatigued, following too closely, and other duty of care violations are common.
The accident occurred as a result of the breach.
This resulted in your injuries and the expenditures and consequences that followed.
How a vehicle insurance lawyer negotiates a settlement
When you hire an auto insurance lawyer to help you with your case, they will learn about the individual who caused the accident as well as their insurance coverage from both you and the police report. Your attorney will begin assembling a demand package for the insurance company adjuster.
Because the purpose of an insurance adjuster is to discover methods for the insurance provider to pay out less, they seldom receive and pay out injury claims exactly as described in the demand package. The insurance company will usually make a first settlement offer or reject the claim.
If the insurance company declines the claim, your lawyer might encourage you to file a lawsuit against the company. The initial provision from an insurer is normally far less than what you would like and require. Still, your lawyer may use it initially to negotiate a higher settlement.
Even though the insurance company is still discussing with your lawyer, you and your lawyer may decide to launch a lawsuit at some point. When someone files a lawsuit, an insurance adjuster will often make a greater offer to avoid paying for the cost of going to court. However, settling might continue until the court issues its ruling.
How a vehicle insurance lawyer might assist you in your case
A skilled automobile accident lawyer can assist you in receiving the maximum money for your case by:
- You are providing a free, no-obligation specific case assessment, a meeting with an attorney during which you may ask questions about your legal problems and learn how to obtain compensation for your losses via a car accident claim or lawsuit.
- You are identifying all the persons who are liable and all the insurance resources that may be used to be compensated.
- You are calculating the value of your case based on the expenses and impacts of previous accidents and those that may occur in the future.
- Attempting to get a reasonable settlement offer from the individual who caused the accident’s insurance company.
- This will assist you in determining the benefits and drawbacks of accepting or rejecting any settlement offer.
- I am submitting the necessary documentation to the court on time and will represent you at all pre-trial conferences and hearings.
- You are gathering evidence and witness testimonies to win your case in court.
- If required, you will take your case to court.
- Assist you in receiving your ultimate settlement or court-ordered damages.