how to file car accident settlement without a lawyer

1. Start Building Your Claim at the Scene. Gathering evidence to support your accident claim starts at the scene of the crash. ...
2. Notify Both Insurance Companies. Call the other driver’s insurance company or send them a notification letter of your intent to seek compensation for your damages.
3. Organize the Evidence You’ll Need to Win. Don’t try to negotiate a settlement until you have fully recovered from your injuries. ...
4. Prepare Yourself for Claim Negotiations. Claims adjusters are specially trained to investigate accidents and negotiate settlements to resolve insurance claims.
Make Your Demand for Settlement. Once you’ve calculated your total claim value, prepare a formal demand letter detailing your damages and explaining why the other driver is liable.
Finalize Your Insurance Settlement. When you’ve verbally agreed on a settlement, immediately follow up with the adjuster in writing. ...

Full Answer

Can you settle a car accident case without a lawyer?

This page is victims who want to know how to settle a car accident case without a lawyer. Suing a car insurance company without an attorney is a taller order. But here are some tips.

Are the attorney's fees for an accident settlement worth it?

Lawyer fees for an accident settlement do not come directly out of your pocket. But it is still your money. Are the attorneys' fees worth it? In a serious injury or wrongful death case, you absolutely need a lawyer. Our lawyers might get you more than ten times the money you would get for yourself. But in a smaller case or no injury case?

Can I sue a car insurance company without a lawyer?

Suing a car insurance company without an attorney is a taller order. But here are some tips. Some car accident claims can be handled without a lawyer. Why not hire an accident lawyer? Because you want to save on attorneys' fees. Our law firm charges a 33% contingency fee if your case settles before we file a lawsuit.

When do you need to get an attorney for a car accident?

When you need to get an attorney depends on the size of the car accident case. In a wrongful death or catastrophic injury case, our attorneys are gathering evidence from day one. You do not leave any stones unturned in these cases. Because the stakes and the amount of money involved is too high.

How do I negotiate more money from a car accident claim?

8 Auto Accident Settlement Negotiation TipsInitiate a Claim as Soon as Possible After an Auto Accident.Keep Accurate Records About the Accident.Calculate a Fair Settlement.Send a Detailed Demand Letter to the Insurance Company.Do Not Accept the First Offer.Emphasize the Points in Your Favor.Get Everything in Writing.More items...

How do I write a demand letter for an auto accident settlement?

The purpose of this article is to help you maximize the effectiveness of your demand letter.Request Your Medical Records. ... Document Your injury. ... Establish the Extent of Property Damage. ... Document Your Expenses. ... Be Organized. ... Do Not Exaggerate and Do Not Be Greedy. ... Calculating "Pain and Suffering" ... Seek Professional Legal Advice.

How do I ask for pain and suffering?

In order to make a pain and suffering claim, you will need to send the insurance company a demand letter, which is a summary of your claim and damages. In your demand letter, you should discuss your pain and suffering damages, supported by relevant documents and evidence.

How do you respond to a low settlement offer?

Steps to Respond to a Low Settlement OfferRemain Calm and Analyze Your Offer. Just like anything in life, it's never a good idea to respond emotionally after receiving a low offer. ... Ask Questions. ... Present the Facts. ... Develop a Counteroffer. ... Respond in Writing.

How do I write a letter for pain and suffering?

Emphasize your pain, the length and difficulty of your recovery, the negative effects of your injuries on your daily life (such as "pain and suffering"), and any long-term or permanent injury—especially if it is disabling or disfiguring, such as permanent stiffness, soreness, or scarring.

How do you write a convincing demand letter to settle an insurance claim?

A demand letter to an insurance company must contain; A clear description of the physical facts of the case. The right way to do that is to answer the 5 W's; Who, What, When, Where and Why? Details on what your injuries were and are. An explanation on why the other person is legally responsible for your injuries.

How do you calculate emotional pain and suffering?

Generally, pain and suffering awards will be calculated by adding up the economic damages and multiplying them by a number between 1.5 and 5, depending on the severity of the injury.

Is emotional distress the same as pain and suffering?

Emotional distress falls under pain and suffering damages, but it is not the same as pain and suffering. Emotional distress most often occurs when the victim of an accident witnesses someone else suffer a traumatic injury or death, or they themselves suffer a traumatic injury.

How are personal injury settlements paid?

When a settlement amount is agreed upon, you will then pay your lawyer a portion of your entire settlement funds for compensation. Additional Expenses are the other fees and costs that often accrue when filing a personal injury case. These may consist of postages, court filing fees, and/or certified copy fees.

Should I accept the first offer on a personal injury claim?

Unless you have taken independent legal advice on the whole value of your claim, you should not accept a first offer from an insurance company.

How do I counter offer an auto insurance settlement?

Countering a Low Insurance Settlement OfferState that the offer you received is unacceptable.Refute any statements in the adjustor's letter that are inaccurate and damaging to your claim.Re-state an acceptable figure.Explain why your counteroffer is appropriate, including the reasons behind your general damages demands.More items...•

How is a settlement amount calculated?

Settlement amounts are typically calculated by considering various economic damages such as medical expenses, lost wages, and out of pocket expenses from the injury. However non-economic factors should also play a significant role. Non-economic factors might include pain and suffering and loss of quality of life.

What is a multiplier in personal injury?

Lawyers and writers have often talked about a "multiplier" in personal injury cases, used by insurance companies to calculate pain and suffering as being worth some multiple of your special damages. But that is only true up to a point.

Why do the stakes increase when you lose a case?

When losses ("damages" in legalese) are significant, the stakes increase for everyone—for you because you want fair compensation for your injuries, and for the defendant (usually an insurance company) because they don't want to pay a large amount to resolve the case.

Can an insurance adjuster negotiate a low settlement?

Remember, the insurance adjuster will probably low-ball you but then you can start to negotiate. It's okay if your demand is on the high side - this will give you room to negotiate later. Learn more about responding to a low personal injury settlement offer.

Can you negotiate a personal injury settlement?

And in cases where your injuries are relatively minor and the other side's fault is pretty clear, it may be more economical to negotiate your own personal injury settlement, rather than handing over one-third of your award to a lawyer (which is common practice under personal injury lawyer fee agreements ).

Is it clear that the other party was at fault?

Is it clear that the other party was at fault? If it's obvious that the defendant or one of its employees is to blame for your accident—you've got witnesses who will testify on your behalf, for example—you may find it easier to prove fault, and to get a satisfactory settlement on your own.

Can you represent yourself in an accident?

When To Consider Self-Representation. It's certainly possible to represent yourself in a personal injury claim after an accident come away with a satisfactory result. This is especially true if you have experience handling your own legal matters in the past, and you're able and willing to stand up for yourself and your case.

Can an insurance adjuster settle a personal injury claim?

Most claims are negotiated and settled outside of court. Remember, most adjusters will be more willing to help you (i.e. settle your claim) if you are polite, reasonable, and explain your story. You will need to show clear liability and records of all your injuries before they can settle with you. Learn more about working with an insurance adjuster to settle your personal injury claim.

How long do you have to file a claim after an accident?

However, there is a time limit on filing claims related to the accident that you should be aware of. All states have a statute of limitations which imposes a strict deadline on how long you can wait before filing claims. Under Maryland’s statute of limitations, you have to file your claims within 3 years after the accident.

What to do if you are seriously injured?

If you have been seriously injured and are looking for a quick settlement, you are almost invariably going to get less than the value of your accident case. To give the insurance company a reason to make something approaching a reasonable offer, you need all of your medical bills and records and often a written analysis of your case from a doctor – either a treating doctor or “independent” medical expert – as to the extent and scope of your injuries. If you settle a case before you have all of the documentation you need for your claim, you have little chance of receiving fair value. Our law firm will not even consider taking a case if the client is trying to settle the case before her doctors understand the full scope of her injuries.

What do insurance adjusters do?

Insurance adjusters use anything you say to knock down your settlement offer, or they pass along the information to the insurance company’s lawyers to give cross-examination fodder against you at trial.

What happens if you demand more than the value of a claim?

By demanding more than the value, you telegraph to the insurance company that you don’t know the value of your claim. When your case does settle, there will be a good chance you left a lot of money on the table. Because an insurance company’s response to a ridiculous demand is not to make a real settlement offer.

What to do if you are going to take the risk and delay?

If you are going to take the risk and delay, do not talk to anyone about how the incident happened or the extent and scope of the injuries.

Do you need a lawyer for wrongful death?

Are the attorneys' fees worth it? In a serious injury or wrongful death case, you absolutely need a lawyer. Our lawyers might get you more than ten times the money you would get for yourself. But in a smaller case or no injury case? Settling your own injury claim without a lawyer is worth at least exploring.

Do I need a lawyer after a car accident?

Do I need a lawyer after a car accident? Here is the deal. There are personal injury car accident claims for which you do not need a lawyer. Most attorneys will not tell you this. We just did.

What to say in a car accident settlement letter?

Say that you are continuing to investigate the accident and you will talk about the facts of the case later. Eventually, you will send a car accident settlement demand letter to the insurance company where you describe what happened in detail but for now, the less you say the better.

What does a car accident adjuster want?

What the car accident claims adjuster wants is to get your statement of what happened in the accident. Or they will talk to you casually to try to get you to get talking about the accident. Refuse to talk about anything other than the bare facts of the case: When, where, type of accident, vehicles involved, and any witness information.

What do you need to tell a car accident adjuster?

All you need to tell them is your name, address and phone number. You can tell them where you work and what you do. But you do not need to talk about your work schedule or income. Think of the car accident claims adjuster like an arresting police officer – anything you say can and will be used against you. And as any good criminal defense attorney will tell you, say as little as necessary to the police if you’re ever arrested.

What happens if you make a mistake in a car accident?

If you make mistakes, it can damage the amount of compensation you’re due in the car accident claim.

How long do you have to call an insurance adjuster?

Don’t allow that. Tell the insurance representative that you only have 10-15 minutes for the call and stick to that hard stop.

Can you record a conversation with another driver's insurance company?

You are not legally obligated to have your conversation with the other driver’s insurance company recorded and if they do, anything you say can and will be used against you.

Do not talk about injuries?

You could leave things out, find out about another injury later, or your injury could take a turn for the worse and require more medical treatment. Just say that your injuries are still being treated and leave it at that.

How long does it take to settle a car accident?

With solid evidence, advanced planning, and a little patience, you should be able to negotiate a fair car accident settlement within a few months.

What happens if you don't settle your claim?

If you haven’t settled your claim or filed a personal injury lawsuit before the statutory deadline, you lose your right to compensation. The adjuster is not obligated to tell you when the deadline is looming or help you settle your claim in time.

How many adjusters do insurance companies assign?

Some insurance companies assign two different adjusters to handle injury claims and vehicle damage claims. Keep track of the claim numbers for each type of claim and be sure to use the right claim number on your correspondence.

What do adjusters do?

Adjusters are trained to ask leading questions and manipulate you into saying things that hurt your claim. If you’re handling the claim yourself, watch what you say. Don’t be tricked into making statements implying your own negligence.

What happens if your car is deemed a total loss?

There might be more room for negotiations if your car was deemed a “total loss” by the insurance company, meaning it’ s less expensive for them to pay the book value of the vehicle rather than make repairs.

What to do if someone is injured?

Call 911. Tell the dispatcher if anyone is injured, there are dangers at the scene, or if traffic is blocked.

How to write down your accident?

Begin by writing down your recollection of how the accident occurred as soon as possible after the crash. Continue with dated notes throughout your injury treatment and recovery to document the pain, inconvenience, and emotional distress caused by your injuries.

What Steps Should You Take After a Car Accident?

A car accident is enough to shake anyone up. You may not know the best steps to take after you’ve been in one.

Why Should I Hire a Lawyer to Negotiate a Settlement For Me?

You aren’t required to hire a lawyer to help you with negotiating a settlement. However, it is highly advisable for several reasons.

What Type of Accident Cases Should You NOT Try to Settle on Your Own?

Before we go any further, we need to discuss what types of auto accident cases you should not attempt to settle without help from a lawyer. The reasoning for each varies some but the common theme is that you will almost certainly receive more money for your car accident if you have an experienced attorney handling the case.

What Are Your Options for Settling a Minor Car Accident Claim?

If you're involved in a car wreck and you decide to handle the negotiations with the insurance company yourself, what are your options? Well, the first option is to just accept what the insurance companies are offering - I NEVER recommend that. They are going to offer the lowest amount that they think you are willing to accept and they have ZERO obligation to pay what your claim may actually be worth.

What Must You Prove to Get the Most Money From a Car Accident?

You must prove that someone else was negligent or careless and that it was their negligence or carelessness that caused your injury. If you fail to do this, you lose. If you sue the wrong person, you lose. If you wait too long to sue, you lose. If you had an injury BEFORE the accident, then you are only entitled to be compensated to the extent your injury is now worse.

How Do You Write a Demand Letter for an Auto Insurance Claim?

This is an opportunity to explain why your case demands additional compensation and why the settlement they have offered is too low. Take the time to properly explain all the details and use hard numbers to prove your point where you can.

What If I Decide I Need an Attorney to Help With My Claim?

There's nothing to prevent you from hiring an attorney before you reach a signed agreement with the insurance companies. There's also no shame in starting off on your own and deciding the process is too much to handle alone. As I've detailed above, the insurance companies do not play fair and they see those without legal representation as easy targets. If you've run into a wall, or you're just tired of dealing with process, you can call me at the Stephens Law Firm and I'll be glad to let you know how I can help.

What to do if you are hit by a drunk driver?

If you were hit by a drunk driver you should hire an attorney to settle your case. In most instances you will be entitled to more compensation than an insurance company will offer without a skilled attorney handling your case. Additionally, you may want to sue the intoxicated driver personally for their actions.

How long do you have to file a personal injury claim in Texas?

In Texas, the statute of limitations on car accidents is two years from the date of the accident. This also means that you only have two years to settle a claim with the insurance companies - after that, they can simply deny your claim, pay you nothing, and you can no longer file a lawsuit. Keep that in mind when negotiating with insurance adjusters, they may be stalling to run the clock out on your claim.