How to Get Paid After a Car Accident

March 13, 2024 | By Ted R. Lorenz
How to Get Paid After a Car Accident

When drivers commit traffic violations and drive irresponsibly, they can cause serious accidents and injuries. In these circumstances, accident victims can recover compensation for not only their medical expenses but also their lost earnings, inconvenience, pain, and suffering. To recover compensation for car accident injuries, a victim can file an insurance claim with the responsible driver's insurance company or their own insurance company under certain circumstances. If the insurance company refuses to settle the case favorably, an attorney can pursue litigation in the court system. While seeking payment after a car accident should be straightforward, it is challenging and frustrating in many situations. Insurance companies make the process much more difficult than it should be, and too many crash victims end up with far less payment than they deserve. To protect yourself and minimize the stress of the post-accident process, always consult a car accident lawyer near you as soon as possible. They know how you can get paid after your accident, and they will pursue every available option for full compensation.

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Seek Immediate Medical Attention for Your Health and to Document Your Injuries

The moments following a car accident can be overwhelming and chaotic. It's important to prioritize your health above all else. Even if you feel fine or the injuries seem minor, seeking immediate medical attention is important. Not only does this ensure that you receive the necessary care for any potential injuries, but it also creates an official record of your injuries, which can be extremely valuable when seeking compensation. In some cases, injuries sustained in car accidents may not immediately present symptoms. However, this doesn't mean that you are unharmed. Some injuries, such as whiplash or internal injuries, can take time to show up. By seeking medical attention promptly, you increase the chances of catching these hidden injuries before they worsen. When you visit a healthcare provider, they will conduct a thorough examination to assess your injuries. They may order diagnostic tests, such as X-rays or MRIs, to get a comprehensive view of the damage. The medical records generated from these visits serve as important evidence when filing an insurance claim or pursuing a personal injury lawsuit. You must demonstrate that you suffered injuries in the crash to get paid for them. Sometimes, this is obvious, such as when you require emergency transportation for a life-threatening spinal cord or internal injury. However, not every injury is as apparent, so having proper records and documentation is key. Insurance companies often question the severity and causation of non-life-threatening injuries sustained in car accidents. Delaying medical treatment or failing to seek it altogether can raise doubts about the legitimacy of your claims. By seeking immediate medical attention, you establish a clear timeline and a connection between the accident and your injuries, strengthening your case and increasing your chances of receiving the payment you deserve. Remember, your health should always be your top priority. Make sure to seek medical attention promptly after a car accident, even if you believe your injuries are minor. By doing so, you protect your well-being and lay the foundation to get paid for your losses.

Next, Consult a Car Accident Lawyer Soon After the Crash

After a car accident, your first instinct might be to contact your insurance company and file a claim. While this is a natural feeling, you should never do this. Instead, consult a car accident lawyer as soon as possible and let them handle all insurance communications on your behalf. Having a lawyer represent you from the very start can significantly increase your chances of receiving fair compensation for your injuries and damages. Insurance companies can be tricky regarding car accident injury claims. If you make an offhand comment you think is harmless or do not recall, an adjuster might twist it to later use against your claim. An experienced lawyer knows how to handle insurance communications in a manner that protects your rights to compensation. A lawyer can also begin handling the complex maze of paperwork, deadlines, and legal requirements, ensuring you meet all the necessary criteria to file a claim successfully. They can identify any potential legal issues that may arise from the start and devise a strategic plan to be ready to address them. In many cases, your car accident attorney will begin preserving evidence right away. With time, evidence can deteriorate, leading to a weaker case. The sooner you hire an attorney, the greater chance they can preserve evidence to build a strong case in favor of payment for your injuries.

Identifying Liability for Your Car Accident

To get paid for a car accident in most states, you must prove that another party was liable for causing the crash. Therefore, determining who is at fault for the accident is a necessary step in the process of getting paid for your injuries and damages. Evidence your attorney gathers will help establish the circumstances surrounding the accident and provide insight into who might be at fault. To prove fault, you must demonstrate that another party was negligent in causing the collision. One important consideration is whether any traffic violations occurred. Violations such as speeding, reckless driving, or driving while intoxicated can point to liability. If the other party involved in the accident was in violation of traffic laws, it can strengthen your case and make it easier to establish their liability. Police reports, including any traffic citations or arrests of other drivers, can indicate whether another driver who violated the law was to blame.
Additionally, determining liability may involve analyzing the road conditions and any potential defects. For example, if inadequate road signage or poor road maintenance contributed to the accident, the entity responsible for maintaining the road may be held liable. Similarly, if a vehicle malfunction or defect caused the accident, the manufacturer or mechanic may bear some responsibility. Liability can also fall onto other parties not directly involved in the accident. For example, if a driver was on the job when they were negligent and caused the accident, their employer might automatically share liability for the crash. This is under the legal principle of vicarious liability or respondeat superior. Determining liability can be a complex process, but you want to identify all sources of liability for your accident. If multiple parties share liability, it can increase the insurance coverage available to cover your losses. An experienced car accident attorney will thoroughly investigate the circumstances surrounding your accident and gather evidence to prove negligence and liability in your case. This is a necessary step in getting paid for your losses.

File the Necessary Car Accident Insurance Claims with Liable Parties

Identifying liable parties is not enough to receive payment. Then, you must take action to file injury claims with the proper insurance companies of those parties. The good news is your car accident lawyer will handle the entire process on your behalf, advising you through each step and working diligently to protect your interests. Loss adjuster inspects damaged car while a sales manager advises on application documents for a car insurance mortgage loan offer. To begin the process, your attorney will gather all the necessary information and documentation related to the accident. This includes obtaining a copy of the police report, gathering witness statements, and collecting any medical records or bills related to your injuries. Your lawyer will review this information in detail to build a strong claim on your behalf. Then, your attorney will file the insurance claims with the at-fault parties' insurance companies. This is done by submitting a demand letter that outlines the details of the accident, the injuries you sustained, and the damages you have incurred. Your lawyer will calculate the appropriate amount of compensation you should receive based on the following:
  • The extent of your injuries
  • Medical expenses
  • Future medical needs
  • Property damage
  • Lost income
  • Future inability to work
  • Pain and suffering
  • Other effects of your injury on your life
After the insurance companies receive the demand letter, they will conduct their own investigation into the accident and review the evidence. You can expect insurance companies to try to minimize the compensation they offer, so the first settlement offer will likely be much less than you deserve. This is simply how these negotiations often work. Fortunately, when you have an experienced car accident attorney, they can review settlement offers and advise you when an offer is insufficient. You can reject the offer, and your attorney can begin negotiating a fair settlement on your behalf. Throughout the claim process, your lawyer will handle all communications with the insurance companies and fight for maximum payment that covers your losses.

What if the Insurance Company Will Not Pay You?

Most people believe that if they have a valid claim and strong evidence of liability and their injuries, the insurance company will offer a fair settlement for the damages and injuries they have suffered. However, this is not always the case. Insurance companies are for-profit businesses, and their primary goal is to minimize their financial liability. As a result, they may try to settle your claim for much less than it's worth. Even with negotiations from a skilled car accident lawyer, the insurer might not offer enough to cover your losses. If you and your attorney do not believe there will be a fair offer on the table, your attorney can escalate the matter by filing an injury lawsuit in civil court. There, you will go through the litigation process, exchanging evidence and continuing to negotiate as your lawyer builds a case for a potential trial. In some cases, the insurance companies may dispute liability or attempt to deny your claim altogether. If this happens, your attorney will also be ready to take your case to court. They can present evidence and arguments to the judge and jury to support liability and your damages, advocating for your rights and working tirelessly to achieve a favorable outcome. Many cases settle in pretrial negotiations, but a few do not. Whether your case requires a trial or not, you should have an attorney ready to seek the payment they believe you deserve.

Never Assume You Will Get Paid After a Car Accident - Take Action Today!

It's understandable to assume that the at-fault driver's insurance company will handle everything and compensate you for your losses. However, this assumption can often lead to disappointment and frustration. You must take action to get paid after a car accident. Pursuing compensation after a car accident can be challenging and time-consuming. You must meet various legal requirements and deadlines, and any misstep along the way can jeopardize your ability to recover the compensation you deserve. Fortunately, you never have to worry about any of this on your own. A car accident attorney will handle the process, taking all the necessary steps to seek the payment you deserve. They can negotiate with the insurance company on your behalf, fighting for a fair and just settlement that fully compensates you for your losses. If necessary, they can take your case to court and advocate for your rights in front of a judge and jury. Never assume that the at-fault driver's insurance company will willingly pay you what you deserve after a car accident. Take action today and consult with a car accident attorney to protect your rights and maximize your chances of obtaining the full compensation you are entitled to.

Speak with a Car Accident Lawyer Right Away for Free

Ted Lorenz, Attorney for Personal Injury
Car Accident Attorney, Ted R. Lorenz
If you or someone you love recently sustained injuries in a car accident and someone else was to blame, an experienced car accident attorney in your area can be extremely beneficial in helping you get paid. Consulting a personal injury attorney costs you nothing, and you never pay anything up front to hire them to begin working on your case. Car accident attorneys work on a contingency fee basis, which means they only charge fees if they successfully obtain payment for you. You have nothing to lose by seeking your free case evaluation today. Be proactive in seeking payment for your losses and discuss your legal rights and options with a law firm in your area.
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