The first thing on the mind of many accident victims is where they will get the money to pay for their damages. Whether you have been involved in a car accident, truck accident, or some other type of accident, you likely have medical bills and other expenses just waiting to be paid.
Who will pay for all the damages you suffered because of your accident? How do you start the process of filing a claim with the insurance company? What happens if the insurance company refuses to offer you a fair settlement?
It is helpful to understand the insurance claims process in personal injury cases so that you know what to expect after an accident. Dive into all the details below to learn everything you need to know about settling a personal injury claim with the insurance company.
What Are The Steps to Settling a Personal Injury Claim?
Every personal injury claim is unique, so the details of each claim will vary. Some accidents may include more severe injuries, while others may have questions of liability. However, the general steps required to settle a personal injury claim are roughly the same in most cases. Here is what you need to do.
Notify the Insurance Company
After an accident, you will need to notify the insurance company of the accident. Upon notification, the insurance company will open a claim. You may be wondering whose insurance you need to notify.
Georgia is an at-fault state for automobile insurance. This means that the driver who caused the accident is responsible for any damages. For this reason, Georgia drivers are required to carry liability insurance coverage. So, you would need to notify the insurance company of the driver who caused your crash.
You will want to notify the other driver’s insurance company as soon after your accident as possible. Many insurance companies require notification within 30 days, although you may only be required to notify them within a reasonable period of time after your accident. If you wait too long, they may deny your claim.
Provide Details About Your Accident
Once the claim has been started, you will need to provide the insurance company with important information and details about your accident. The type of information they will require includes:
- The date and time of the accident
- Your personal information, such as name, address, contact info, and insurance information
- Type of vehicle you were driving
- Specifics of the damage to your vehicle
- Whether you received emergency medical treatment
- Details about your injuries
Once you have provided all the necessary details, the insurance company can start to process your claim. If more information is needed, they may reach out to you and request additional details.
Calculate Your Damages & Prepare Your Initial Demand Letter
Accident victims may be entitled to both economic damages and non-economic damages. You will want to recoup all your financial losses, and you deserve to be compensated for your pain and suffering. Some examples of damages that may be present in your claim are:
- Medical bills
- Lost wages
- Future lost earnings capacity
- Pain and suffering
- Loss of quality of life
- Loss of consortium
- Property damage
Once you have calculated the value of your damages, you can put together an initial demand letter. This letter is your opportunity to paint the picture of your injuries to the insurance company. You will use the demand letter to tell the insurance company how much compensation you need to settle your claim, and you should include all relevant documentation and evidence.
Be sure you do not send your demand letter too soon. You should typically wait until you have fully recovered from your injuries before sending the demand letter. Otherwise, you might undervalue your injuries or future medical expenses and take a settlement offer that does not fully compensate you for your damages.
Review the Insurance Company’s Settlement Offer
The insurance company will review the details of your claim and your demand letter, and they will typically make you a settlement offer. Know that their first offer is likely to be much lower than the amount you requested in your demand letter. They often rely on software applications to arrive at a specific number based on the information provided about the accident.
The insurance company will likely try to downplay the extent of your injuries and will try to make you think your claim is not worth as much as you requested. However, don’t be afraid to turn down their offer if it does not fully compensate you for your injuries.
Make a Counteroffer
It is common to go back and forth with the insurance company several times before reaching a settlement agreement. In your counteroffer, you should highlight the extent of your injuries and your justification for requesting a number higher than their original offer.
Review the Final Settlement Offer
At some point in the negotiations, the insurance company will make you a final offer. You must decide whether to accept this offer or refuse it and head to court. Remember that accepting a settlement offer will require you to sign a release of liability. This means that you will not be able to obtain any more compensation, even if the settlement did not fully compensate you for your injuries.
How Can I Get Help with a Personal Injury Settlement?
Many accident victims choose to seek the help of an experienced personal injury attorney to help with their claim. At The King Firm Car Accident and Personal Injury Lawyers, we can help you accurately value your claim to make sure the insurance company does not take advantage of you. If you need help getting the settlement you deserve, contact us today for a free consultation or call us at (229) 386-1376, and let us fight to get you the money you are owed.
