You’re not alone if you’re worried that getting fair compensation after a car accident means going to court. Most people think they’ll have to face a long, stressful court trial to recover what they’re owed. It’s not necessarily the case.
Most car accident claims are resolved through negotiation and settled long before trial. If the idea of a court case makes you uneasy, you can breathe easier. Settling out of court is a common and effective way of handling car accident claims. Here’s how it works.
Out-of-court settlement negotiations explained
The settlement process begins once you file a claim with the at-fault driver’s insurance company. You’ll provide documentation like medical bills, repair costs and other evidence of your losses. In return, the insurance company will offer you a settlement.
It’s fairly common for the first offer to be lower than what you deserve. Remember, insurance companies are in business at the end of the day, and settling a claim for as little as possible is in their best interests. This is where negotiation comes in.
If the initial offer doesn’t cover your damages or feels too low, you do not have to accept it. You can make a counteroffer and negotiate a fair amount supported by evidence. Most claims are settled through this process and without the court’s intervention.
When court might be necessary
While most claims are resolved without going to court, there are situations where seeking legal intervention might be the best option. For example, the insurance company may refuse to offer a fair settlement or dispute your version of the accident and unfairly assign you more blame. In such cases, taking the matter to court may be necessary to secure a fair settlement.
Even then, mediation can help prevent escalation to a full-blown courtroom battle. Here, a neutral third party helps both sides negotiate a resolution. If an agreement can’t be made, the case will proceed to trial.
Legal guidance is crucial for navigating such complexities of your car accident claim as it helps you understand your options and increases your chances of securing a fair outcome.
