It's extremely simple to settle an automobile accident with insurance. Though what if one or both of the insurance firms aren't involved? It is possible to settle an auto accident without insurance, however, it is not ideal.
If a client prefers to settle without involving their insurance company, they must remember to follow these five steps following an accident:
Drivers at the scene should be contacted for information. The driver should speak with any other individuals involved in the accident but refuse to accept a financial settlement or a personal check at the spot. Obtain their names, phone numbers, residences, driver's license numbers, license plate numbers. Make a note of the make and model of the vehicle(s) involved, as well as a thorough description of the damage.
Obtain a copy of the police report (if applicable). Although officers may not always arrive at the site of an automobile accident, if they do, make sure the driver inquires about how to obtain a copy of the police report once it has been filed. This could aid in determining who is to blame for the accident.
Get a damage estimate from each driver's mechanic. Obtain two or three quotes for their vehicle's repair and they must share these with the other driver(s).
All communications and mailings should be documented. They must keep a paper record of all talks with the other driver(s) and send all documents via return receipt service so that they can show the documents were delivered.
Make a legally enforceable settlement agreement. A driver should repair and sign a notarized statement with the help of an auto accident attorney in Des Moines that relieves the at-fault party of any further responsibility. They must include the amount owed, the payment terms, and the parties' complete names and signatures to make it legally enforceable. If a party gets a check, whether certified or not, they must double-check that the funds have cleared.
Only Minor Accident Claims Should be Considered for Settlement Privately
In order to identify fault, insurance companies must go through a lengthy investigation procedure. When a party files a formal claim, nothing can be paid out until one of the drivers is found to be at fault.
To avoid being judged as the at-fault driver, everyone involved in a significant collision should make a claim. Only minor issues should be dealt with outside the insurance system. There are various aspects that can affect the length of a settlement.
Save Money by Settling Privately if a Driver Knows That They’re at Fault
If a driver has previously filed one or two at-fault claims in the last three years, their next accident case might be the difference between keeping their insurance and receiving a non-renewal notification. Do note that if the party doesn’t cancel their insurance, their rates may change when the fee is applied at their next renewal.
There's no arguing that the other party is at blame when they rear-end someone or pull out in front of them without giving them enough time to stop.
The one party might choose to settle and not go to trial if they can afford to cover the repair estimates. As long as the other party is willing and signs a form stating that they've paid the damages in full.
The advantages and disadvantages of settling a car accident without insurance. When determining whether or not to submit a claim for a current car accident, consider the following advantages and disadvantages:
Advantages:
● There is no rise in insurance premiums.
● There is no procedure for filing a claim.
● Repair shops are not subject to any restrictions.
Disadvantages:
● If the other driver is at fault, the other party’s damages may not be covered.
● If a party is at fault and the other person later files a lawsuit against them for damages such as medical costs, restorations, or pain and suffering, they may be entitled to pay compensation.
Should a Party Pay for an Accident Themselves or Let Insurance Handle It?
When the collision is a little fender-bender and the costs are less than or equal to the auto insurance deductible, paying for the repairs themselves rather than making a claim may be a better option. However, if there are any possible injuries, it may be advisable to file the claim to avoid being held liable for medical costs and pain and suffering.
Contact Our Car Accident Lawyers in Iowa
Tom Fowler Law has years of expertise representing vehicle accident victims in settlement talks with a variety of small and major insurance companies. We're aggressive negotiators who can fight for your best interests at every stage of the litigation process. If a settlement cannot be made, our lawyers are ready to pursue aggressive legal action to get you the most money for your damages.