Here are the steps you need to take if you want to settle your car accident claim without a lawyer.
1. Determine the extent of your loss
When you are involved in a car accident, the driver at fault should “leave you intact” or pay you for all damages, including:
- past and future medical expenses
- past and future lost wages
- pain and suffering
- emotional distress
- property loss
Before you begin the process of negotiating a settlement, you need to have a clear idea of what your case is worth so you don’t ask for (or accept) too little money.
You may want to get some expert advice on how much your future medical costs and lost wages might add up. You should research how insurance companies calculate pain and suffering. For example, some offer compensation in the amount of multiples of your financial loss (such as double or quadruple the amount of medical bills and lost wages), while others pay a daily stipend based on how much pain your pain may last.
2. Identify the parties responsible for harming you
You need to make sure you file a claim with the correct person or entity after a car accident.
In most cases, you will be dealing with the driver’s insurance company by filing a claim against the other driver who caused your crash.
But there may also be others to blame. For example, if the accident happened while the driver was on duty, you may have a claim against the driver’s employer. Or, if you’re involved in a collision with a drunk driver, you might be able to recover compensation from the bar that served him the drink.
3. Gather evidence
If you want to maximize your chances of getting a fair settlement offer, you will need to be able to make a strong case for your right to compensation.
You should have solid evidence that the other driver is the culprit, such as a witness statement or a police report. You will also need evidence of the extent of the loss, such as medical records and diaries showing how your suffering has affected your life.
The more evidence you have, the more likely the insurance company will accept that it was wrong and accept your estimate of the extent of your loss.
4. Write a cover letter
Once you know how strong your case is and how big your losses are, you can write a demand letter to the insurance company representing the driver who injured you. Your request letter should detail:
- case facts
- the cost you incurred
- your road to recovery
- demand a reasonable amount of compensation
Sending a demand letter allows you to negotiate your terms rather than starting with the amount offered by the insurance company.
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5. Carefully review settlement offers
If the other driver’s insurer admits the collision was at fault, the insurer will make a settlement offer. This usually involves agreeing to pay you a certain amount of money so that you waive any future claims. You should review this offer carefully to determine whether you believe the compensation is sufficient to cover all your losses.
Giving up future claims by accepting a settlement is a large step that you should not take until you are sure of the extent of your damages, as well as your current and future losses. You don’t want to end up with regrets.
You can dispute the offer you receive, or you can decline it if you feel you have been treated unfairly. If that doesn’t work out, you’ll have to go to court to claim damages. The process of filing a lawsuit and proving your case is so complex that you will almost certainly need an attorney to guide you through it.
6. Take action within a reasonable time after the incident
Finally, if you are trying to negotiate your own settlement, you must make sure you are aware of the statute of limitations. This is the time limit that applies to injury claims. Depending on where you live, it’s usually two to four years.
If you do not file a claim against the at-fault party when the statute of limitations expires, your claim will be barred. If this happens, you will not be able to proceed with your case. So don’t delay too long in reaching a settlement or filing a lawsuit with the help of an attorney.
