This is probably the first time you have been in a situation like this. Many accident victims are inclined to handle their claims themselves. That is fine. But please do not hesitate to call for free advice.
In Alabama, if you are the victim of a car accident, you are entitled to compensatory damages. Compensatory damages include medical bills, lost wages, pain & suffering, and emotional distress.
Almost 10% of the Fortune 500 companies in the United States are insurance companies. These insurance companies didn’t become profitable by being fair. If insurance companies started treating folks fairly then our law firm would go out of business.
Insurance companies have sophisticated tactics for evaluating cases. They look at the amount of your medical bills and typically offer to pay your medical bills and give you a little money for pain and suffering. Many folks would rather deal directly with the insurance company than hire a lawyer.
Here are the steps to take in settling your car accident case without hiring a lawyer:
Step one: Set up your claim with the at-fault driver’s automobile insurance carrier. You’ll need to obtain a claim number and the email address and phone number for the bodily injury adjuster.
Step two: Complete your medical treatment. You should not consider any offers from the insurance company until you are finished with your treatment, or you have reached maximum medical improvement. Sometimes, injuries from car accidents take months to fully reveal themselves. Other times, injuries get better after physical therapy or chiropractic care but then return once you stop attending therapy or getting adjusted.
IMPORTANT NOTE: One tactic that insurance companies use is to make settlement offers immediately after a car accident. Their goal is to settle your claim before you realize how severe your injuries are. Avoid quick settlements at all costs.
Step three: Get your documents together.
- Crash report
- Photographs of your injuries
- Medical records and bills
- Letter from your employer evidencing your lost wages
Step four: Make an offer. Draft a demand short letter summarizing your injuries and treatment. Then make a settlement offer.
Step five: Contact a personal injury lawyer for a consult before you send the documents and offer.
Most personal injury lawyers offer free consultations. At Garnett Patterson Injury Lawyers, we are always happy to advise you as you attempt to settle your case without hiring a lawyer. There will be no charge and no pressure for you to hire us.
Step six: Negotiate with insurance adjuster
Once you’ve turned down the initial offer and completed your treatment, the insurance company is likely to try and drag things out. At this point in the process, it is not uncommon for an insurance adjuster to ignore phone calls, voicemails, and emails. The adjuster may even lie and say he or she has tried to call you and you didn’t answer.
Their strategy at this point is to wear you down. They want to drag the process out and wear you down to the point that you accept any offer that is made. This can go on for months or even years. If the insurance adjuster is ignoring you, this is a good time to follow up with a personal injury attorney and let an experienced professional take over your case.
The next tactic by the insurance company will be to wait until right before the statute of limitations runs and then they’ll start calling you more often. The adjuster will put pressure on you to settle the claim before the statute of limitation runs.
Keep wearing the adjuster down. Stay firm with offers that you will be happy with. But keep in mind that under Alabama law your lawsuit must be filed with the court within two years of the accident. If you’re not able to settle your case on your own, your lawyer will need at least 30 days to investigate and file the lawsuit. You should not wait until the week that the statute of limitations runs to talk to a lawyer.
A lawsuit may need to be filed in your car accident case
If at any time you feel overwhelmed during this process, give Garnett Patterson Injury Lawyers a call to speak to our experienced car accident lawyers. We will gladly give you a free, no pressure consultation. Call us at 256-539-8686.