Filing an insurance claim is often not a process that injured victims have been through before. Many times injured parties are actually contacted first by the respondent insurance company before a claim can be submitted because insurance providers usually know in advance about an accident with one of their clients. Coverage providers are issued copies of the official accident report just like injured parties and those who may be held liable for the damages, and they generally know if they will be required to pay injured claimants.
If a fast settlement offer is made to you in an injury case, it is usually a good idea to wait before accepting the initial offer, particularly before signing any settlement agreement, because it will assuredly include a full release from any further medical payment obligation. In fact, that is primary reason for a quick settlement offer, it’s a simple way to deflect the cost of ongoing treatment away from the insurance companies.
Passenger Injury Claim Settlement Offers
A quick settlement offer is common for injured passengers who were not driving at the time and will have no physical property damage claims. Passengers will have a claim against at least one involved driver based on the determination of fault, and sometimes even against multiple drivers when seeking whole compensation for personal injuries. The primary responsible party will be the owner of the vehicle in which they were riding, but there can also be a fault determination issue as well. Each driver is responsible to the extent of their comparative negligence percentage when the injury claims are being settled. Insurance companies often want to avoid being assigned a huge award in a trial, so they will often offer a quick settlement. The problem is that the offer will typically be substantially lower than what they truly owe the claimant.
Driver Injury Claim Settlement Offers
Drivers almost always face the possibility of being assigned some level of fault in most car accident claims, and even 1% can result in a claim denial in states like North Carolina that use pure contributory fault law. The mere fact that an insurance claims agent will make an offer is a sure sign that they have little or no defense to the validity of the claim. This is a major positive for an injured driver, but the offer could also be a ploy to reduce the total damage payout when they do not want to divulge the maximum amount of liability insurance a negligent driver may carry on their auto policy. The agent is essentially attempting to avoid paying general damages for long-term injury impact.
How a Car Accident Attorney Can Help
The first thing an auto accident attorney will evaluate is the full amount of the potential settlement. Low-balling a settlement offer is common in the insurance industry when claims adjusters think they can avoid negotiating with an attorney by convincing a claimant that the settlement is all the financial compensation they are owed. It is also a means of settling personal injury claims quickly with no inclusion of general damages for pain and suffering stemming from the initial accident and ongoing medical issues. An experienced car accident/injury attorney can force the insurance provider to disclose the total amount of insurance compensation available on the policy and demand full payment of total general damages as well as specific compensatory elements of the claim such as recovery for medical bills and lost wages.
Contact Our Law Firm for a Settlement Offer Evaluation
It is a standard policy for attorneys to recommend that an injured party never accepts an accident claim settlement on the first offer. There is always a motivation for the insurance provider to respond quickly with a low settlement submission. Always consult with an attorney at the very least before accepting a deal so they can provide in-depth legal advice. You only have one opportunity for economic justice after an auto accident, and it is important to be compensated fully based on all existing and potential case factors.
Call today and let us put our legal experience to work for you.
More information on car accidents and insurance claims:
- Five Common Car Accident Injuries With Delayed Symptoms
- Car Accidents – Common Types of Personal Injuries
- Car Accident Claims – Why Settle Out of Court?
- 5 Questions For a Car Accident Lawyer In A Free Consultation
- If I Was Injured in a North Carolina Car Accident as a Passenger, Can I Sue the Driver of the Car?
- Can I Recover Compensation for PTSD After a Car Accident?