What is involved in a car accident injury claims? The damages and expenses that you incur as a result of the accident will be accounted for. Medical expenses may include hospital bills, prescription drugs, and surgery. You may be entitled to claim for ongoing care as well.
Your medical costs may also include lost wages, replacement services, childcare, yard work, and other duties you once performed.
Mental anguish may also be included in the damages. Property damage can also be a factor in calculating the value of a vehicle.
Documenting injuries after a car accident to support a bodily injury claim
If you suffer from a car accident in Orange County and have suffered a physical or psychological injury, you should keep a daily diary after the accident to document your pain and suffering as we mentioned in this article.
Record pain and soreness, bruising, and any other changes in your physical or mental state.
Medical reports, such as emergency room and doctor care reports, as well as autopsy and rehabilitation reports, can also prove to be valuable evidence. These records can provide insight into how severe your injuries were, as well as what caused them.
When filing a bodily injury claim, you must present medical bills and reports to prove your injuries. The medical bills and prescriptions you receive will be important evidence to the insurance company.
In addition, if you are requesting lost wages, you will need a letter from your employer and copies of pay stubs to show that you were unable to work as a result of the accident.
The Settlement Negotiation Process
How long does it take to settle a car accident claim in California? After your attorney gathers medical documentation and calculates your total damages, your lawyer files a demand letter with the at-fault driver’s insurance company. This formal document outlines liability, details your injuries and medical expenses, and presents a settlement figure that reflects both economic and non-economic damages.
The insurance company reviews the demand letter and supporting evidence before responding with a counteroffer. This begins the settlement negotiation phase, where your attorney presents additional documentation and argues for fair compensation based on California case precedents and comparable verdicts. Most car accident claims resolve through this negotiation process within three to six months, though cases involving disputed liability or catastrophic injuries may require additional time.
Your attorney protects you throughout settlement discussions by handling all communication with insurance adjusters. If the insurance company refuses a reasonable settlement offer, your lawyer can escalate the matter by filing a lawsuit to pursue full compensation through litigation. However, many cases reach favorable settlements before trial when insurers recognize the strength of your documented claim.
Filing a lawsuit against the at-fault driver
In most states, filing a lawsuit against the at-fault motorist in a car accident injury claim requires a lawyer. You may be able to sue the insurance company if they failed to cover all or part of your damages.
But, you should be aware that this is not always an option. In some cases, the insurance company may be able to settle the claim for less than what you are owed.
In these cases, the plaintiff must demonstrate that the at-fault driver caused the accident.
A serious injury is defined as an injury that has incurred medical expenses over $50,000, and it includes death, a fetus, a bone fracture, a loss of a major organ, and an impairment that prevents the victim from performing their normal activities. Once the damages have been determined, the plaintiff may choose to file a lawsuit against the at-fault driver. Also learn all about car accident insurance claim from our next guide here.
Uninsured and underinsured motorist coverage
When the other driver is at fault in a car accident, underinsured and uninsured motorist coverage can protect your finances.
Underinsured motorist coverage pays for expenses that you incur as the result of the accident when the at-fault driver does not have adequate insurance.
In most cases, this coverage is inexpensive and is an excellent way to protect yourself and your assets. In fact, one out of every eight motorists in the U.S. is uninsured or underinsured, which means you can recover from their insurer.
In some states, the uninsured and underinsured motorist policy limits must be the same. The bodily injury portion should match the liability coverage, and the uninsured motorist coverage should cover any damages you sustain.
If you are injured, underinsured motorist coverage can help you recover your medical bills and lost wages. In addition, uninsured and underinsured motorist coverage may also apply to hit-and-run accidents.
