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Insurance settlements versus accident lawyers

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By Kentent


After an accident has occurred, drivers must contact their insurance company to report the accident. They must provide the insurance information of the other driver's that were involved in the accident. Depending upon the severity of the accident, drivers may be contacted by accident lawyers that want to file a lawsuit. Quite often the driver's are practically forced into signing an insurance settlement before the case even goes to court. People often do not have a chance to discuss the severity of the accident with their attorney and calculate the damages they should be awarded.

If an accident lawyer has contacted the driver about signing a settlement, the driver should contact their attorney to help them through the process. The settlement process is long and most accident lawyers will make it seem urgent to sign the papers as soon as possible. Drivers should be weary of the accident lawyers that contact them through the mail or telephone before the driver has contacted them. Several accident lawyers will search through local newspapers and find the contact information of the injured party. These lawyers want to make money off the individual that was injured and they often charge large fees to provide service to them.

Insurance agents can also scare some drivers into signing settlement papers. A driver should always speak with their attorney before they sign the agreement. Attorneys can negotiate with the insurance agent and may provide the driver with a larger settlement than they could obtain on their own. Usually the first deal presented by the insurance company is the lowest offer they have, they can negotiate for a larger offer; however it is easier to allow an attorney to handle the negotiation process. The insurance company wants to pay the injured party as little money as possible and they want to end the claim as quickly as possible.

Understanding Insurance Settlements
If anyone was injured in an auto accident, they can make a claim with the negligent driver's insurance company for bodily injury and damage to their vehicle. The driver must obtain documentation showing the extent of their injuries, the damage to their vehicle, and other problems the accident caused for the injured party. The insurance company will have an insurance adjuster review the documentation and create a settlement offer for the driver's claim.



Several drivers will write a demand letter stating the figure they think their claim is worth. The insurance adjuster will then review the demand letter and make a counter-offer as to how much they feel the claim is worth. If the driver and the insurance party come to a mutual agreement, the case is settled. The process isn't normally that smooth for most parties. Most insurance companies will provide an offer that is much lower than the amount the driver was hoping for. Each insurance adjuster is assigned a certain settlement range for the accident. Once the insurance adjuster reaches the top of their settlement range, they will not negotiate for a higher offer. If the two parties cannot agree on the amount, the case will reach an impasse. This is when an accident lawyer can step in to make the process easier.

The accident lawyer will review the claim and will contact the insurance company. They will discuss the facts and documentation the driver and insurance adjuster have provided and try to find a proper settlement amount for the claim. If the insurance company will not provide a large enough amount, the claim can go to court. Most insurance companies try to avoid sending the case to court and they normally will cooperate with the accident lawyer to provide a fair claim.

Individuals that choose to continue negotiating without the accident lawyer may ask to speak with the insurance adjuster's manager or supervisor. Sometimes moving up the chain of command can provide the driver with a fair amount. The insurance adjuster is limited on the amount they can negotiate because of their managers and supervisors, if the driver can provide adequate information to the manager or supervisor, the insurance adjuster will have more room to negotiate with.

The smaller accidents with minor injuries tend to be easily resolved with a lump sum payment to the injured driver. Individuals that were severely injured and require future treatments will have a structured settlement. The structured settlement will compensate the injured party with payments over a set period of time. Normally the payments will come monthly for 10 years, depending upon the settlement amount. A structured settlement will come in the form of an annuity, which means they are tax-free income. The annuity account allows the money to grow and the injured party actually ends up with more money than if they were to accept the lump sum.

Individuals that were severely injured prefer the structured settlement because it can help to pay for the medical expenses in the future. Structured settlements are flexible, the person can choose to have some money come out now in a lump sum and then return to small monthly payments. Once the injured party agrees to a structured settlement, there is not way to change it.

How Car Accident Lawyers Help
Police officers normally photograph the scene of the car crash, especially if a death or injury is involved. Insurance companies often tell their clients to photograph the scene as well, so it can help them with their insurance claim. Accident lawyers will need all the documentation and facts they can get their hands on. An accident lawyer will need to photographs to help in their negotiation process.

If the accident caused injuries to the driver or other passengers in the car, the lawyer will help the injured party find a physician that can provide information for a fair claim. The physician will assess the physical and emotional injuries to the individual and they will write a letter explaining the short-term and long-term effects of the accident. The physician will also be familiar with injuries that are associated with car accidents and they can help the injured party receive greater compensation. If the driver and passengers were wearing their seatbelts at the time of the accident, the lawyer will have a stronger case against the insurance company. Drivers that were not wearing their seatbelts at the time of the accident will be cited by the police officer for a traffic ticket and the insurance company has a stronger case to provide a smaller settlement.

In some instances a car accident lawyer will not provide any benefits to the claim. Some individuals can get along without the lawyer, if they have the right negotiating skills. Since most people are not born negotiators, they can obtain a larger claim with the assistance of an accident lawyer. Elderly individuals are often coaxed into a settlement, as the accident lawyer may worry that the court will question their willingness to drive.


The cost of hiring an accident lawyer may cost 20% or more of the total settlement. Car accident cases are normally taken on a contingency basis, which means the lawyer will require a certain percentage of the total settlement. Some individuals are able to lower the percentage of the fees charged by the lawyer, although they rarely drop below 20%. Accident lawyers spend a great deal of time investigating the claim and filing the paperwork. The court appearances and the charges to argue the case is where the 20% comes from. The lawyer will negotiate with several agents at the insurance company and will charge the same amount, regardless if the case goes to court or not. Some accident lawyers may increase their percentage if they are able to get a larger settlement for the injured party.

Court fees are often a large concern for people that are involved in an accident. The court fees will be paid by the accident lawyer, regardless of the result of the case. However, some lawyers will make the injured party responsible for the court fees. 95% of all auto accident claims are settled outside of court and they never actually make it to the court room. Some people are responsible for paying the court costs if an offer of judgment is made and they still reject the offer.

Good accident lawyers will work hard for their clients and they will do everything in their power to avoid sending the case to court, but will land their clients with the largest settlement possible. What is considered a fair settlement amount is based on the extent of the person's injuries and the damage to the vehicle. If the case goes to court, the individual should attend the court appearance, especially if they were injured in the accident.

The best way to find a good car accident lawyer is to speak with your friends and family members that have been involved in a personal injury case. If they felt their lawyer was fair, you should contact the lawyer. Ask the lawyer about your claim and discuss the benefits they can provide to the claim. You do not have to hire the accident lawyer, instead you can gain some insight into auto accident claims and you may come out with some helpful information.

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