How Does A Car Accident Settlement Work?

Have you or a loved one been injured in a car accident in Arizona? You might be wondering how the settlement process works. A car accident settlement is an agreement between you and the at-fault party’s insurance company, compensating you for your damages, medical expenses, lost wages, and pain and suffering. At Plattner Verderame Arizona Injury Lawyers, we help accident victims like you work their way through the legal process and negotiate settlements that reflect the true value of your injuries and losses. This is how a car accident settlement works.

Filing an insurance claim

After a car accident, your first step should be to file an insurance claim. Depending on the circumstances of your accident, you might file a claim with:

• Your insurance company, if you have uninsured/underinsured motorist coverage or if you were partly at fault.
• The at-fault driver’s insurance company, if the other driver caused the accident.

When you file your claim, you’ll need to provide important details, like:

• The date, time, and location of the car accident
• A description of what happened
• The contact and insurance information for the other driver
• Police reports, medical reports, and any other relevant documents

The insurance company then opens an investigation to determine liability and assess your damages.

Investigation and evidence collection

After you file your claim, the insurance company will conduct an investigation. For example, they’ll review:

• Police reports, which provide an official account of the accident and can indicate who was at fault.
• Your injuries and medical expenses to determine compensation.
• The cost of repairs or replacement of your vehicle will also be factored into the settlement.
• If anyone saw the accident, their testimony could support your claim.
• Pictures of the accident scene, vehicle damage, and visible injuries can also serve as important evidence.

The insurance adjuster will also determine whether any contributing factors, like speeding or distracted driving, played a role in your accident.

Determining fault and liability

Arizona follows a comparative negligence rule. This means that each party involved in an accident can be assigned a percentage of fault. If you’re found to be partially responsible, you may still collect compensation, but it may be reduced by your percentage of fault.

For example, if you were awarded $100,000 in damages but were found to be 20% at fault for the accident, your settlement would be reduced to $80,000. If the insurance company disputes liability, having an experienced Phoenix or Tempe car accident attorney on your side can help you fight for the fair assessment of your claim.

Calculating damages

Your car accident settlement should cover both your economic and non-economic damages.

Economic damages are tangible losses that include medical expenses, lost wages and future earnings, vehicle repair or replacement costs, and other out-of-pocket expenses related to the accident. Non-economic damages are intangible losses and include pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability or disfigurement.

It’s important to note that insurance companies often attempt to downplay economic damages, which is why having an experienced attorney is beneficial to your case.

Negotiating a settlement

The negotiation process begins once all your damages are calculated. The insurance company will typically start with a low initial offer. Remember, their goal is to pay as little as possible, so they may try to argue that your injuries are not as severe as you claim, some medical treatments were unnecessary, or you were partially at fault for the accident.

Our attorneys will counter the initial offer with a demand letter outlining the full extent of your injuries and damages and why you deserve a higher settlement. This back-and-forth can take weeks or months, depending on the complexity of your case.

Accepting or rejecting a settlement offer

If the insurance company makes a fair settlement offer, you can choose to accept it and avoid going to court. However, if the insurance company fails to offer adequate compensation, you have the right to reject the settlement and file a lawsuit.

Once you accept a settlement, you’ll be required to sign a release form, which means you agree not to pursue any further legal action related to the accident.

Filing a lawsuit

If these settlement negotiations fail, we may advise you to file a personal injury lawsuit. This will move your case to court, where a judge or jury will decide the outcome. The lawsuit process involves the following:

• First, you file a complaint. This is a legal document outlining your claims.
• Next is discovery, where the parties exchange evidence and conduct depositions.
• The court may encourage both sides to settle before trial through mediation or settlement conferences.
• If a settlement can’t be reached, a trial will take place. Here, each side will present their evidence, and the court will issue a verdict.

Lawsuits can take months or even years, but they can result in higher compensation if you have a strong case.

How long does a car accident settlement take?

There’s no set period for how long your car accident settlement might take. The timeline can vary based on several factors, including:

• The severity of your injuries. More serious injuries require longer medical treatment.
• Disputes over fault. If liability is contested, the process can take longer.
• Insurance company tactics. Some insurers will deliberately delay payments to pressure you into accepting a low offer.

While some cases settle within a few months, others can take a year or longer.

Should I hire a Phoenix car accident lawyer?

Insurance companies are in business to make money, not to pay large settlements. Having an experienced attorney can level the playing field. Our lawyers can:

• Gather strong evidence to support your claim
• Handle negotiations and push for a fair settlement
• Ensure you don’t accept a lowball offer
• Represent you in court if needed

At Plattner Verderame Arizona Injury Lawyers, we fight for accident victims and ensure you receive full and fair compensation for your injuries.

Handling a car accident settlement can be complex, but understanding the process helps you protect your rights. If you’ve been injured in a Phoenix or Tempe car accident, don’t settle for less than you deserve. Contact Plattner Verderame Arizona Injury Lawyers today for a free consultation. We can review your case, handle negotiations, and fight for the compensation you need to move forward. Please call us or contact us now to schedule your consultation. We have offices in Phoenix and Tempe.