Car accidents, at times, cause a lot of damage to the victims. Filing and settling claim cases from such accidents can be a hassle. It is time-consuming to have a successful settlement. Even if the process is lengthy, it is worth getting the money owed from the accident.
With this information in mind, what is the best way to settle a car accident? There are various ways people go about settling car accidents. Not all methods may be the best, as some parties may find a raw deal in the settlement process.
Preamble and Documentation
Statistics from the legal corridors show that many car accident claims fail to go to trial. Parties avoid expensive and lengthy litigation processes and come to a mutual settlement. Usually, the compensation is agreed upon by all parties before trial.
A car accident victim seeking good compensation should engage a lawyer to help. A Des Moines car accident attorney at Tom Fowler Law, is good at this. We advise car accident victims on the best way to get a satisfactory settlement.
The victim should document as much as they can about the accident before the attorneys offer advice on the way to proceed. Once everything is ready, this is the best way to settle a car accident.
Draft a demand letter
Present a compelling case by drafting a demand letter to the driver's insurer. This letter gives the victim an edge in getting a satisfactory settlement. The letter, as drafted by an attorney from Tom Fowler Law, should:
● spell out facts about the accident,
● narrate circumstances that led to the accident,
● state medical treatment after the accident, and if there is any ongoing treatment,
● show lost wages and other sources of income because of the accident, and
● set the stage for immediate settlement negotiations.
This letter is best for the victim to present a strong case to the insurer. The letter should ask for more money to give the claimant and offer their lawyer room to negotiate.
Negotiations after an insurer's initial offer
Ideally, the driver's insurer responds to the victim's demand letter with a lower offer. They review the letter and send an initial offer to settle the claim. With the help of a lawyer from Tom Fowler Law, the accident victim should not accept the first offer.
The attorney should write a response declining the offer. Give reasons why the victim has declined. For instance, it is not enough to cover all medical bills as it may not cover the victim's pain and suffering.
A victim's response should remind the insurer of the contents of the demand letter. This polite response should be vigorous and have counter-demands. It is here that a victim's attorney can lower the asking amount, provided it does not go below the expected value.
The negotiations may go for a long time, with back-and-forth responses. If it hits a snag, provide further documents to support the case. Should it fail entirely, the case then proceeds to the court for determination.
Try out mediation
At some point, the negotiations may reach a standstill or hit a dead end. The parties can engage a third party to help in reaching an amicable settlement. Invited parties are usually professional personal injury mediators. They are generally lawyers with significant experience in trying and settling injury cases.
These professionals offer a fresh look at the case. They point out the weaknesses and strengths of the case by each party. Apart from that, the lawyer bridges the gap between the parties by suggesting an ideal solution.
Acceptance of an offer
At some point in the negotiation, a good offer may crop up. It may come through mediation or direct engagement with the insurer. Before accepting anything, check that it covers everything the victim wanted.
Any verbal acceptance should have written confirmation as a follow-up of the same. Once everything is in line with what the victim desired, the attorney should accept the offer. The victim receives the payment through the attorney and then the attorney can be paid through the settlement.
Final Take
It is never wise to settle a car accident alone. When a car accident victim files a claim, the insurance company offers a lower amount. They may pin the accident's fault on the victim. In any case, the insurer may say that the adduced evidence is not enough to determine the case.
To avoid all this hassle, a car accident victim should reach out to attorneys at Tom Fowler Law. These lawyers in Des Moines, Iowa, handle everything for the victims. They make the victim’s case strong for handsome compensation.