So you were in a car accident—now what?
Unfortunately, most individuals are unsure of what to expect after a car accident. This is particularly true after your first car accident injury with zero experience dealing with accident claims and attorneys.
What you can expect after a car accident is unique to your situation. Many factors influence the process and outcome of a car accident claim. The information provided below gives you an idea of what you can expect after a car wreck.
A car accident attorney is your best ally when you need more personal advice and guidance.
Every Case is Different
If you feel alone after a car wreck, just know you are definitely not the first nor the last to suffer injuries in a crash. About seven million car accidents happen every single year in the United States, with millions of individuals suffering injuries in collisions.
Every case is different. Therefore, you may have heard from a family member, friend, or colleague about their car accident claim experience, but it doesn’t mean yours will go the exact same way.
Several factors determine what you can expect, including:
- The location of your accident
- Who was at fault for the collision
- The extent and severity of your injuries
- Whether you live in a fault or no-fault car accident state
- Car accident policy limits
- How willing the insurance company is to settle your claim
- The value of your case
These and many other details heavily influence your claim and your experience. Understanding that every case is unique can help you remain more patient and flexible throughout the process, which may result in a better outcome for you.
Car Insurance—Fault vs. No-Fault
After a car accident, you’ll likely file an insurance claim. However, it’s imperative to determine whether you live in a fault or no-fault state, as that affects how you will pursue compensation from the insurance company.
In a fault state, the rule is simple—whoever causes the accident is financially responsible to the other person for their injuries, property damage, and related losses. In a fault state, you will immediately file an insurance claim with the at-fault driver’s insurer, but you must prove that driver’s liability. While these claims can be more complicated, you often have more insurance coverage available in a fault state.
In a no-fault state, you can obtain compensation from your own insurance company, regardless of who is at fault. These no-fault policies can be limited, however. Only if your injuries are particularly serious can you pursue compensation from an at-fault driver’s insurance company.
After a car accident, you want to have an attorney contact any appropriate insurance companies to report the accident and begin the claim process. This is not something you should do by yourself.
Filing a Car Accident Claim
Filing an accident claim depends on your state’s laws. If you live in a fault state, your lawyer can file an insurance claim with the at-fault driver’s insurance. You still need to report your accident with your own insurance, though, and your lawyer should handle this. If you live in a no-fault state, you must rely on your own car insurance to cover your losses up to your policy limits first before filing additional claims.
A car accident attorney can prepare a claim with all the necessary supporting information. This starts your claim on the right foot and, hopefully, prevents unnecessary delays or obstacles.
The Claims Process
Once you initiate a car accident claim, you will have an insurance adjuster assigned to your claim. The insurance adjuster plays a vital role, as they are your point of contact throughout your claims process. This individual is responsible for everything having to do with your claim, including investigating your accident and determining the monetary value of your losses.
The claims process takes time, depending on the details of your accident. After your adjuster’s investigation and completion of all necessary steps, you may receive a settlement offer, or in the alternative, the insurer might deny your claim altogether.
If you receive a settlement offer, it can be tempting to accept it right away. However, you should not accept any offer for settlement without first discussing it with a car accident lawyer. Depending on your circumstances, your settlement offer may be low or unfair. An attorney can provide valuable guidance when determining whether to accept or reject an offer.
Should you accept a settlement offer, you’ll receive your payout, and your car accident claim will be complete. If you deny your offer or your claim gets denied, you should rely on an attorney for the next steps.
Additionally, many are concerned about what happens to their vehicle. What happens to your car depends entirely on your vehicle’s state at the time of the accident. If a shop can fix your car, the insurance adjuster can determine the extent of the damage and arrange for repairs. If your car is totaled and unsalvageable, you may get money for the vehicle, or if you have a current loan, the insurance company may pay off your vehicle.
The Legal Process After a Car Accident
Some cases do not require the need for legal intervention. If you, or your attorney, can resolve your case directly with the insurance company through the claims process, you do not have to worry about filing a lawsuit.
However, insurance companies are notoriously difficult to deal with, which increases the chances of you needing to file a lawsuit for fair compensation. If you engage in the legal process, you can expect the following.
Drafting and Sending a Demand Letter
In most cases, attorneys don’t jump straight into a lawsuit. They’ll try to communicate with the insurance company directly to settle your claim without involving the courts. This initial communication is called a demand letter.
A demand letter essentially warns that if the insurance company is unwilling to resolve your claim fairly, you’re willing to take legal action.
The letter also includes necessary information regarding your accident, such as:
- The injuries you suffered
- Proof their driver is responsible for your collision
- The total of your financial losses
At the end of the letter, your attorney includes a figure representing the amount of compensation you’re entitled to receive.
When the insurance company receives this letter, they have options to proceed. They can either agree to the figure your lawyer is requesting, begin settlement negotiations with your attorney, or deny your lawyer’s request for financial relief.
Depending on how the insurance company answers, your lawyer can decide how to move forward. Should the demand letter be unsuccessful, not allowing you to recover fairly for your losses, your attorney may decide it’s best to proceed with a lawsuit.
Filing a Personal Injury Lawsuit
If necessary, your lawyer will not shy away from filing a lawsuit. A lawsuit for compensation after an accident is called a personal injury lawsuit. The area of personal injury protects victims after suffering harm at the hands of another.
Your attorney can draft the necessary paperwork and file it with the court, along with fees to initiate your case. Once this step is complete, a process server must serve the opposing party with copies of the court documents to serve as notification of the impending lawsuit.
Once the insurance company receives notice of the lawsuit, they have a certain amount of time, usually 21 days, to file their own response with the court. This is a crucial step. Should the insurance company fail to file its response or ask the court for an extension, this gives you the opportunity to request a default judgment, which means the court may grant you the relief you seek.
Once the insurance company responds, your lawsuit can proceed to the next phase.
Proceeding to the Discovery Process
The discovery process is typically the most time-consuming part of a lawsuit. Both parties can obtain pertinent documentation and evidence to strengthen their cases during this phase.
The discovery phase involves most, and sometimes all, of the following:
- Requests for production
- Requests for admission
- Interrogatories
- Depositions
There is no set time for discovery, meaning it can range from a couple of months to two years and beyond, usually depending on the details and complexity of the case.
Once both parties have what they need, your case hits a critical point: settle or go to trial.
Engaging in Pre-Trial Settlement Negotiations
Again, your lawyer will try to settle your case before it goes to trial. This is the best time to do so, as the insurance company has much more information than before.
In most cases, pre-trial settlement negotiations succeed. Attorneys for the insurance company often realize what a hassle it is to go to trial, and there’s a chance of losing anyway. Therefore, settling is regularly the best bet.
If settlement negotiations are unsuccessful, or the insurance company refuses to settle altogether, a trial is the final step.
Going to Trial
Trial can be stressful and time-consuming, but it can be necessary to obtain a fair outcome.
During trial, your attorney and the lawyers for the insurance company appear before a judge, and sometimes a jury as well, to argue their cases. They present evidence and testimony to strengthen their cases, allowing the judge and jury to get all the information they need to make informed decisions.
At the end of the trial, the judge or jury makes decisions regarding your case and, if you win, how much you’re entitled to receive.
Getting Payment After Your Case Resolves
So your case is over, and you’re expecting some money—what next? The following details what you might expect regarding payment after the resolution of your case.
If Your Case Settles
When your case settles outside the courtroom, you’ll need to sign a settlement agreement containing various pieces of information. Within these documents, you’ll find a release, which means you’re accepting your monetary settlement and understanding that by accepting this money, you’re forfeiting your rights to pursue further compensation on this case in the future.
Once your documents are signed, the insurance company receives them for review. If everything is in order, they cut your check and send it to your attorney. Your lawyer must receive your money first to deposit the check in a special trust account.
The attorney can take their agreed-upon percentage for their services from this account. You should receive what’s left over in a check from the law firm.
After you receive your settlement money, your case officially closes.
If You Won Your Case at Trial
If you win your case at trial, the process is similar. The insurance company directly provides the funds you’re entitled to receive and sends the check to your attorney’s office. Your lawyer then deposits the funds, takes their cut, and cuts you a check for the remaining balance.
The primary difference between getting your money at trial rather than a settlement is that at trial, the insurance company is court-ordered to pay you. If you settle, the insurance company has agreed to give you a certain amount without intervention from the court.
A Car Accident Attorney Can Walk You Through the Post-Collision Process
Car Accident Attorney, Phillip J. Barkett
It is common to feel stressed and overwhelmed after a car accident. You may feel lost and unsure of where to turn or even where to start.
Fortunately, a qualified car accident attorney can take on your case and handle the most important tasks.
Among the many things your lawyer does during the life of your case, they can:
- Investigate your collision
- Determine who’s at fault
- Calculate the value of your claim
- Communicate with the insurance company
- Handle settlement negotiations on your behalf
- Represent you in court
Having an attorney on your side can give you invaluable peace of mind. They take the guesswork out of the post-collision process and allow you to focus exclusively on your physical recovery.
After a car wreck, do not hesitate to seek legal advice from an experienced personal injury lawyer.