Determining suitable settlement terms for your car accident claim can be a complex undertaking, but it is crucial to securing the compensation you deserve. Various factors can influence the amount you can recover after a crash.
First in line is the extent or severity of your injuries and the ensuing damages. This includes the impact on your daily life, duration of recovery and all other present and future losses. Your settlement should cover all your damages as it’s meant to make you as “whole” as you were before the crash.
Presenting evidence of your damages can help strengthen your claim. This may include medical records, bills, receipts and documentation of your losses. The stronger the evidence in your support, the more likely you are to receive a fair settlement.
Your degree of fault will come into play
Liability for the accident is crucial. If you played a role in the crash, it may affect your ability to recover compensation or reduce the amount you are entitled to. For instance, if you are 30% at fault, you can only recover 70% of your damages. Remember, you cannot file a car accident claim against the other party if you were more than 50% responsible for the crash, at least in most jurisdictions.
The negligent party’s insurance coverage matters
The insurance policy limits of the at-fault party can also impact your settlement. If the at-fault party’s insurance policy has low limits, it may limit the amount you can recover, especially if your damages are significant. However, you may have other options in such situations.
If you have been in a car accident, it’s important to seek legal guidance to understand your rights and to better ensure that you receive fair compensation for your damages. There is too much at stake to risk a low settlement as a result of “DIY” missteps.