What Steps Should You Take to Prepare for Car Accident Settlement Negotiation?
Do you still want to go at it on your own? Ok, here are some points, none of which are to be construed as legal advice.
1. Collect All Accident-Related Evidence
Create a file with the names and addresses of adverse parties and their insurance carriers. Include the names and addresses of witnesses.
Create a file of written statements already given by any of the parties or witnesses. Obtain a copy of all police accident reports.
Photographs of the accident scene and vehicles or objects involved should be included in the file. Protect and preserve all physical evidence of the accident.
Create a file of all medical and hospital reports along with bills.
Obtain repair estimates or bills related to your property damage. If you've lost earnings, you want to include documentation.
Document all other out-of-pocket expenses. Create a contact file of all related automobile, homeowner's, medical, and/or disability insurance policies. If a job-related injury, names and addresses of the employer, workers' compensation carrier, general contractor, etc.
2. Know the Value of Your Claim
Research how much similar cases settle for in California, specifically for car accidents. Having a clear idea of your claim's worth helps you recognize if the adjuster's offer is too low.
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This makes you more confident when negotiating for a fair amount. If you don't have a personal injury law background, determining the value of your case will be difficult. This often requires analysis of law and facts as well as reviewing settlements and verdicts of similar cases.
You will also want to have a complete understanding of your medical bills, property damage, loss of earnings, and other out-of-pocket losses.
3. Working With Adjusters
There are so many reasons why you shouldn't proceed without first consulting with an attorney, but if you don't care about damaging your case, and you think you have what it takes, here are some very basic points.
Don't make any statements about fault, liability, etc., unless you are a qualified legal expert and understand the law. Statements against your interest will likely be used against you. While it may be frustrating dealing with an insurance adjuster, always maintain a polite and professional attitude. Remaining calm allows you to stay in control, which improves the outcome of your negotiation. Adjusters will want to know what your damages are.
Again, unless you are trained as a legal expert in this area, it is unlikely that you will cover everything you need to, but you should at least be able to provide all your medical bills and out-of-pocket expenses. You will also be relying heavily on your medical reports to reflect your injury, pain, suffering, diagnosis, treatment plan, and the like.
I've heard self-represented individuals damage their own case here by making unqualified statements about liability, injuries, and medical treatment and would never recommend a self-represented individual proceed without at least obtaining a consultation from 3 separate lawyers. They are typically free. So, you are trading your time for valuable insights from a trained professional.
4. Wait Until All Damages Are Known
Avoid settling too early, especially before you fully understand the extent of your injuries. Many injuries take time to show up, and settling early could mean missing out on compensation for future medical costs.
At the same time, you must keep track of the statute of limitations. A statute of limitations is a law that sets a deadline for filing a lawsuit. This means that if you don't file your lawsuit within the specified time period, you may lose your right to sue.