Casey is a founding partner at River Run Law Group. Casey has tried numerous cases across the Commonwealth in both General District Court and Circuit Court. He has earned millions of dollars for his clients through trials, mediations, and settlements.
If you have recently been involved in a car accident in Virginia, you are likely facing mounting medical bills, an inability to work, and overall uncertainty about your future. The last thing you might want is to be filing a civil lawsuit. Still, you also see your financial situation deteriorating and ask, How do car accident settlements work?
While it is important to remember that every case is unique, and your trajectory may differ from someone in a similar situation, the car accident settlement process generally works similarly, no matter where you are. If you are hoping for a car accident settlement in Virginia, we can help you.
Car Accident Settlement Process
Settlements do not just happen. It is not quite as simple as saying I was injured in a car wreck. Now, please pay me for my damages. Even in a settlement versus trial situation, as the plaintiff, you must still show you are entitled to compensation, or the insurance company or defendant will be unwilling to settle. To settle, you generally have to follow five steps.
File an Insurance Claim Immediately
The first thing you should do after receiving emergency medical treatment is file a claim with the auto insurance company. Even if the accident is not your fault, you must contact your insurance company and advise them of what happened.
Virginia is an at-fault state, which means, ultimately, you will seek compensation from the liable driver’s insurance policy. This is part of the reason it is so important to exchange and obtain driver information after an accident.
You will want to file a claim with the responsible driver’s insurance carrier immediately. Both insurance companies will likely request recorded statements from you. You are required to cooperate and provide a statement of events.
However, we strongly recommend you speak with an attorney before discussing the accident or answering insurance company questions. Remember, the liable parties’s auto policy wants to pay as little as possible, so they will try to use whatever you say to deny or dispute your claim.
Timely filing of your claim is essential to preserve your right to seek compensation for your injuries.
Investigate the Claim
As the injured accident victim seeking a settlement, you must show that you were injured in the accident and entitled to compensation.
Simply saying you suffered an injury in the crash is insufficient to ensure a settlement. You must investigate the claim and gather and preserve necessary evidence. It is important to request copies of all records, including medical records, police reports, and insurance claims.
You will also want to gather:
- Copies of estimates or invoices,
- Costs of repairs or replacement of your vehicle,
- Photos of your injuries,
- Eyewitness statements, and
- Video surveillance footage.
Remember, these are just common examples of evidence to use for your settlement. You may have more or less evidence, and that is okay. Our car accident attorneys can help you obtain and organize all the necessary information and evidence we will need for a fair settlement on your behalf.
Make a Settlement Demand
One of the most critical steps toward a car accident settlement is determining and making a settlement demand. Once you have gathered receipts and estimates of past and future expenses, it is time to sit and calculate a fair and reasonable settlement demand. You must include this number in your demand letter to the insurance company.
A common mistake of car accident victims is only to consider their past expenses, including medical bills and lost wages to date. However, they need to consider just how much you might lose financially in the future. For instance, if your injury is permanent and will require lifelong medical care and an inability to sustain work, your anticipated damages will be extensive and much considered.
When calculating your settlement demand amount, you will want to factor in the following:
- The cost of your medical expenses to date,
- Future medical costs,
- Any lost salary to date,
- Whether your injuries will permanently hinder your ability to earn a living,
- Cost of repair or replacement of your car,
- Whether any home or vehicle modifications are needed,
- Pain and suffering,
- Loss of consortium,
- Mental anguish, and
- Loss of enjoyment of life.
Once you have considered all of these factors, you should come up with a dollar amount that you deem fair and acceptable. Insurance companies almost always reject initial demands and will counter with a much lower number.
Hence, it is important to anticipate this and propose a higher demand amount than what you would be willing to settle for. The goal is that through settlement negotiations, both parties will reach a reasonable agreement.
Calculating a settlement demand can be complicated and time-consuming. Having a seasoned car accident lawyer assist you through this process can help ease your stress during a difficult time. We can help!
Escalate Your Claim and Then Consider Filing a Lawsuit
If you prepare a demand letter and the adjuster rejects it, you might want to escalate your claim to a supervisor within the claims department.
If you still find yourself at an impasse, it may be time to accept that a settlement may not happen, and you need to consider filing a lawsuit.
Know When You Should Hire a Car Accident Attorney
Negotiating a fair car accident settlement in Virginia is entirely possible. However, it is essential to know when it might be time to consult with an attorney. Sometimes, the insurance company won’t budge and refuses to settle. Other times, some circumstances might warrant seeking legal help, including:
- Multiple parties or defendants,
- Corporate or commercial defendants (e.g., trucking company),
- Severe and permanent injuries, or
- Difficulty determining the cause of the accident.
An experienced car accident lawyer knows what the insurance company is looking for and how to navigate and negotiate these claims. If an out-of-court settlement does not happen, we will assess your case with you and help you determine if you should pursue a civil lawsuit.
Virginia Car Accident Attorneys
At River Run Law, we are skilled and experienced personal injury lawyers who have successfully negotiated car accident settlements for our clients. When recovering from a car wreck, you need to prioritize your health and well-being. Let us handle the rest.
Contact us to schedule a compassionate, no-cost consultation today.
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