According to statistics, car accident cases seldom head to trial. To avoid costly and lengthy litigation, parties in these cases usually reach an out-of-court settlement. The easiest way to ensure a fair settlement on a car accident case is to present the claim to the insurance company through a demand letter and follow-up negotiations. Here, readers will get some tips on settling car accident injury claims.
The Demand Letter
In the demand letter, a victim sets forth the circumstances of the case and their medical treatments, and they set the stage for negotiations. Demand letters are a victim’s best chance, other than litigation, to present their case to the insurer. A proper demand letter contains a reiteration of events before and during an accident, as well as details on medical treatment, lost wages and doctor’s bills. In most cases, demand letters ask for a certain amount, which is higher than what would reasonably be accepted.
Negotiations after an Offer
After the insurer receives the demand letter, they will review it and its supporting documentation. In most cases, insurers make initial settlement offers, and the victim shouldn’t be surprised if the offer is low. Just as a demand letter asks for an amount that’s higher than the minimum, the insurer will typically offer less than they’re willing to pay. Therefore, a lawyer would advise a client against accepting the first offer they receive.
In response to the offer, the victim or PriceAndPriceLaw.com should prepare a response in which the settlement offer is declined. The declination letter should state why the offer is unacceptable; it may not cover all medical costs, or it may not factor in lost wages or pain and suffering damages.
If negotiations stall, it might be helpful for parties to hire a mediator to facilitate the settlement. A mediator is usually an auto accident attorney in Tucson. Mediators can offer an unbiased perspective, pointing out each case’s weaknesses and strengths. A good mediator can help parties come to a fair resolution.
Most insurers won’t pay a settlement until they receive a signed release. This is a binding document that prevents the victim from pursuing additional damage claims. Victims should ensure that their injuries have improved as much as possible before accepting a payment, and the check will be sent to the auto accident attorney in Tucson, who will take their share and disburse the rest of the money to the client.
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