Car accidents can be incredibly disruptive to your life, and if you’ve experienced one you may be wondering whether you need to take legal action. Knowing what happens in a car accident settlement can help you make this decision.
Below you’ll learn more about the different types of claims after an accident and how they work.
Types of Claims
If you’ve been injured in a car accident, there are two types of claims: no-fault accident benefits and tort claims. While you’ll undergo a different set of steps for each type of claim, either of them may be settled at any point in the legal process.
No-Fault Benefits
If you were injured in an accident, no-fault benefits will be provided by your auto insurer regardless of who was at fault. These benefits pay for medical treatment, income loss, attendant care and caregiving expenses.
You will need to submit a claim form to your insurer, after which they will either accept or deny your claim. You may also need to submit additional forms if you get further medical treatment or spend money on other accident-related expenses.
Again, your insurer can always accept or deny your claim. Remember that if you settle your claim with your insurer, you will usually receive a one-time payment rather than continued benefits payments, so if they make an offer that seems unfair, it’s a good idea to seek legal help.
Tort Claims Benefits
If you were a passenger, pedestrian or driver who was not completely at fault for the accident, you are eligible to file a tort claim. This type of claim is against the at-fault driver’s insurer. If the driver who was at fault has no insurance or doesn’t have enough insurance, you can bring a tort claim with your own insurance company.
Tort claims typically compensate you for pain, suffering, additional medical care, rehabilitation, income loss, or other expenses you or your loved ones had to pay after your accident.
Most personal injury cases settle out of court, but you’ll still need to undergo the tort process, which first involves notifying the at-fault driver’s insurance company. Your lawyer may also recommend that you file your claim with the court or negotiate with your insurer prior to doing this.
Next, your lawyer will provide evidence including medical records and police reports to the at-fault driver’s insurer, showing that you were not at fault. This will be followed by an examination for discovery. During this process, the at-fault driver’s lawyer will question you about the accident, treatments, and how your injuries have affected your life.
At this point, the insurer may want to settle. If the settlement isn’t successful, it will be followed by mediation and then a pre-trial meeting with the judge, during which settlement will be discussed and may occur prior to your case going to court.
Typically, tort claims are settled when the insurer offers a lump sum settlement. If you accept it, your claim is closed. Your lawyer will provide you with advice on whether or not you should take the settlement or if you could potentially receive more by going to court.
Knowing When to Settle
Your lawyer is your most valuable source of advice on whether or not you should settle your car accident claim. Taking this advice is important because if you don’t accept the settlement offer and receive less than the offer during your trial, you may have to pay a portion of the defendant’s legal fees, which can be quite costly. It is of course always your decision whether or not to settle, but an experienced lawyer will have the expertise to offer you sound advice.
Now that you’ve learned about the possible outcomes of your accident claim, download our personal injury recovery kit or book a free consultation with an accident lawyer.
