How Insurance Companies Settle Motor Vehicle Accident Claims
After suffering a serious injury in a car accident you should understand how insurance companies settle accident claims and the importance of working with a motor vehicle accident lawyer Alexandria VA offers and who can protect your rights. The legal firm of Cohen and Cohen, P.C. has assisted personal injury victims of car accidents for more than two decades. Our attorneys fight hard for the rights of victims who have been injured through no fault of their own.
After filing an accident claim with your insurance company you may receive a settlement offer from them that is far less than your expectations. You might wonder how that can be possible. Though each case is different, most insurance companies consider a number of factors when determining how much to compensate an accident victim. This article will explain how a qualified motor vehicle accident lawyer Alexandria VA turns to can help you fight back and recover a settlement amount that you deserve.
Personal Injuries
The cost to repair or replace your vehicle damaged in the accident is not taken into consideration when an insurance company determines compensation for your personal injury. Compensation for damages to your vehicle is handled in a separate claim. When it comes to personal injuries from a car accident, insurance companies base the settlement amount on these factors:
- Your medical bills for that personal injury.
- Your lost wages due to being too injured to work.
- Anticipated cost for future medical treatments or surgeries directly related to your personal injury.
- Your pain and suffering based on medical reports and consideration for the extent and nature of your injury.
Each of the above criteria must be well documented. It can greatly benefit your case to provide the insurance company with as much proof of the above as possible. Depending on your particular case, a motor vehicle accident lawyer Alexandria VA provides may need additional information, but at the very least collect and make copies of any or all of the following:
- Previous pay stubs
- A doctor’s note excusing you from work which includes applicable dates and the doctor’s signature on his or her medical practice’s letterhead
- Receipts for all medications, procedures, doctor’s visits, and surgery related to the injury you suffered in the car accident
More Information about Pain and Suffering Compensation
Compensation for pain and suffering from your personal injury is intended to offset your past, present, and future discomfort. To qualify you must meet these requirements:
- You must have fully participated in and completed all medical treatment deemed necessary by your medical doctor.
- Your medical doctor must certify that your medical condition is “permanent and stationary.” This means that nothing can be medically done to improve your health and that any lingering pain and suffering you are feeling is not treatable.
In addition to pain and suffering, you can also be compensated for any scarring or permanent disfigurement you have suffered from your personal injury. An experienced motor vehicle accident lawyer Alexandria VA residents rely on can advise you on what to expect for compensation. Putting a dollar value on pain and suffering is a subjective process. The highly experienced attorneys of Cohen and Cohen, P.C. can reference similar cases and their outcomes when considering your particular personal injury claim.
Legal Advice
It is extremely important to consult a motor vehicle accident lawyer in Alexandria VA before accepting an insurance company’s settlement offer for your personal injury. An attorney who is experienced in personal injury cases will be able to recognize if the offer is too low. Once you have accepted a settlement offer, that decision is binding. Even if your medical condition worsens beyond the insurance company’s expectations, they will not pay you more than the compensation amount originally agreed upon. This is why it is important to consider possible future medical costs and a good Alexandria VA motor vehicle accident lawyer can help you do this.
Insurance Policy Limits
A policy limit is the maximum amount of money the insurance company will pay you for that particular claim. No matter what your actual final cost for medical care and other damages may be, the insurance company will not pay you beyond the cap or policy limit. If your damages exceed the policy limit of the at fault driver’s motor vehicle insurance and you do not want to pay out of your own pocket, there are two possible options:
- Pay the difference using your own insurance policy’s underinsured rider, if you have one.
- Hire a motor vehicle accident lawyer Alexandria VA personal injury victims trust to sue the at fault driver for the remaining costs for your injury. Your attorney may be able to seize their personal assets or garnish their wages for an amount equal to the balance of your costs.
When the Insurance Company Refuses to Offer Fair Compensation
Though the at fault driver’s insurance company cap or limit may not be applicable in your case, they may still refuse to pay as much as you believe is justifiable. This can happen when the insurance company does not agree with you on the seriousness of your injury.
A motor vehicle accident lawyer Alexandria VA motorists recommend may be able to help you. A qualified and skillful attorney can do the following:
- Negotiate with the insurance company on your behalf and recover more than what they initially offered.
- File a lawsuit against the other driver for negligence and attempt to recover your costs from him or her directly.
A motor vehicle accident lawyer Alexandria VA rates highly for satisfaction in similar circumstances can tell you if it will be possible to continue negotiations with the insurance company even while preparing to take the other driver to court. This may largely depend on how close you are to hitting the statute of limitations date after which you cannot file a lawsuit against the other driver. Our legal team at Cohen and Cohen, P.C. can work with you to make sure the proper steps are taken so that the statute of limitations does not expire before you are compensated.
Contact us at Cohen and Cohen, P.C. before it is too late. One of our attorneys will be happy to sit down with you and discuss your personal injury case. We offer a free initial consultation at no charge during which one of our skilled attorneys can review your options. For a motor vehicle accident lawyer Alexandria VA drivers need when they have been injured, call us today to begin the process of getting your life back.
