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How to make a car accident compensation claim

Fair Car Accident Settlement Examples

The settlement phase is the final stage in the drama of a car accident. It is an agreement between the two parties for monetary compensation for the damages and injuries sustained by one driver as a result of negligence on the part of the other.

Damages include the cost of repairs to your car, and medical expenses that you and the occupants of your car had sustained. In addition, other factors like pain, suffering and mental anguish of also considered.

Here are three fair car accident settlement examples:

Example 1:
Vehicle repair $ 700.00
Medical bills $ 500.00
Total $1200.00

A settlement the range of $750.00 to $2500.00 can be expected as the accident was comparatively minor.

Example 2:
Vehicle repair $ 2200.00
Medical bills $ 2500.00
Total $ 4700.00

The accident is more severe hence the settlement could be in a range from $3000.00 to $12500.00.

Example 3:
Vehicle repair $ 5500.00
Medical bills $ 9000.00
Total $14500.00

This constitutes a serious accident which could have resulted in loss of life. In anticipation of an extended hospitalization and convalescence, the settlement could range from $ 8,000.00 to $43,500.00.

Insurance adjusters try as far as possible to effect an out of court settlement. This could be advantageous to both sides as a legal battle is always expensive, protracted and does often prove traumatic. The norm in such cases followed by most insurance companies is 1.4 to 1.8 times the medical bill in the case of minor accidents, 1.9 to 2.4 times in the case of more serious accidents and 2.3 to 3.00 in the case of life-threatening mishaps.

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How to make a car accident compensation claim A general guideline is that federal tax is applicable on an auto accident settlement if it is in compensation for loss of taxable income, for instance the wages of a person has lost during hospitalization and convalescence resulting from an automobile accident. More..

Getting compensation after a car accident can be a thorough process. That’s why it is vital to know all the steps that lead to a positive outcome. However, every further step in the process comes after you check that every participant in the accident is okay. If anyone is injured, getting medical attention is mandatory. You can start getting the information only after you are sure that there are no severe injuries.

Gather all necessary information and evidence for car

Before making a car accident claim, you need to gather all the information and evidence while you are still at the scene of the accident. The information you need from other drivers includes their name, address, phone number, and information about their insurance company. Besides, if there were witnesses and law enforcement officers, you’re going to need their information as well.

Nowadays, when we all carry cell phones, it won’t be a problem to use them at the accident scene. Take photos of the location, areas of physical damage on both vehicles, and also the license plates. Having so much evidence is crucial since the other driver’s insurance company will try to pay as little money as possible.

Report the accident to your insurance company

How to make a car accident compensation claim

Many people might wonder why it’s necessary to inform their insurance company when the other driver is at fault for the accident. In the USA, by immediately reporting an accident, you will give them an excellent chance to protect your interests. Also, if another driver decides to hire a lawyer (in case of an injury, for instance), they might contact your insurance company. Imagine how terrible a situation can happen if your insurer doesn’t know anything about the accident.

Therefore, provide them all the information about the accident. Afterward, they will evaluate the damage and approving elements of your claim – medical expenses, property damage, etc. Based on that, your insurance provider will figure out how to collect the money from the other driver. Or, if it was your fault, how much they should pay.

Police report

Police reports are crucial because they provide a lot of information to insurance companies. They contain a detailed description of what happened at the accident scene – location, date, time, statements, photos, and much more. But, most importantly, police reports provide the perspective of a neutral party. In California, insurance companies have to consider claims that don’t include police reports.

But the whole process will be much harder. First of all, you might forget to gather all the necessary information, and the police will not – it is their job. Second, it will take a much longer time for insurance to approve your claim. And finally, only because of lack of police report, you might end up getting less money.

How to decide if you need a lawyer or not?

How to make a car accident compensation claim

If your case is small and you have a simple claim, there will be no need to hire a lawyer. In the case of low payouts, insurance companies in California are much more responsive, and the lawyer won’t be able to add extra value. On the other hand, if you were injured, you should immediately contact an expert personal injury lawyer. One of the best options in California is to contact San Jose personal injury lawyers and find the best person for your particular situation.

In the case of complicated damages and expensive future medical costs, insurance companies will try to take advantage of such difficulty. That’s precisely why you should hire an experienced lawyer. Also, if you are at fault for the accident or if you have any issues with the insurance company, don’t hesitate to contact the lawyer.

Specific laws in California

There are two legal doctrines in California that you have to be aware of, even when your attorney takes the lead. First is a statute of limitations that requires you to file a personal injury within two years after the date you were hurt. If you don’t sue the responsible party in that period, you will never get the compensation (excluding some rare exceptions). Second is the law of comparative negligence. Your compensation might get reduced if there was your fault in the accident that led to the injury.

Even if you are not a driver yourself, it is still recommended to know these guidelines, especially if you are from California. Hopefully, you will never experience an accident, but if it happens, you should be prepared well.

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How to make a car accident compensation claimCar accidents can be frightening, and they can do serious damage to vehicles and the people in them. While being treated for injuries is very important after an accident, you also don’t want to waste any time in opening a claim.

By opening your claim early, you have greater access to available evidence (including your own memory) and the sooner your insurance company can start investigating the accident to determine whether your claim will be paid. If more information is needed or if your claim is denied, there may be additional steps you need to take so the earlier you open your claim, the better your chance at having it resolved in your favor.

Get All of Your Documentation Together

Before you officially make the claim, organize your available documentation. That includes any medical records related to the accident, any quotes you have received to fix the damage to your vehicle, and the police report you had taken at the time of the accident. If you do not yet have these when you want to open your claim, then provide them to your insurance company as soon as you can after receiving them.

Even for smaller car accidents, you should always attempt to have a police report made. Insurance companies often look to police reports as an initial source of evidence as to what happened in a crash. The more evidence and witness statements you can provide your insurance company in your favor, the more likely that you will be able to effectively resolve your claim.

What Kind of Claim Are You Making?

You can make a car insurance accident claim for injuries you sustained, harm that came to a passenger, or damage sustained by your vehicle even if there were no serious injuries. Depending on the type of claim you make and the terms of your insurance coverage, you could be entitled to payments for medical expenses, wage loss, vehicle repair, and other compensation.

Additionally, the claim may be opened with your own insurance company (first party claim) or against another person’s insurance company (third party claim). If someone else struck your vehicle with theirs, you should still consider opening a claim with your insurance company, which owes you several duties that the other driver’s insurance company does not. You will still be able to pursue damages from the other driver’s insurance. The type of insurance and the amount of coverage the other driver has, however, could affect payment of your claim.

How to Submit Your Claim

There can be hidden injuries that don’t show up for a while after a car accident, and it’s important to be examined by a doctor to look for any signs of these or risk factors for them. But don’t wait for too long to submit your claim. There is generally a time period or a statute of limitations, and if you wait beyond that before filing you may not be entitled to submit a claim at all.

When you submit your claim, follow the instructions provided by your insurance company. Most companies have claim submission as one of their menu options when you call them, so your information can go to the correct department right away. Before signing any documentation or giving a statement to another driver’s insurance, however, you should always consult with an attorney.

What Happens After Your Claim is Submitted?

Once a claim is submitted, you should receive a claim or confirmation number. That can be used to check on the status of your claim. You may be contacted to answer more questions or provide further documentation, and the insurance company may send someone out to take a look at your vehicle and assess the level of damage done to it.

You may also be asked to submit pictures of the damage, medical records from the incident, a copy of the police report, and other pertinent information. The faster you provide information, the faster your claim can be processed in the majority of cases. Again, before signing any documentation or giving a statement to another driver’s insurance, you should always consult with an attorney.

What Should You Do if Your Claim is Denied?

In some cases, a claim may be denied. The insurance company could decide that their driver was not at fault, or they could argue that you didn’t provide them with enough information to make a determination. You can decrease the chance of getting an unfavorable decision by an insurance company by getting a police report to document what happened and getting prompt medical attention if you believe you sustained any injuries.

Sometimes insurance companies will deny a claim regardless of the information you provide. In cases like that, it may be necessary for you to retain the services of an attorney to work with (or against) the insurance company on your behalf.

If you have been injured in a car accident, contact the Lehmbecker Law Firm today to discuss your options and receive your free consultation. You need a legal advocate on your side, and we may be able to help you obtain fair compensation for your injuries. You should not have to deal with your injuries, a damaged car, and a troublesome insurance company on your own, and we want to help you through the process of getting the treatment you need and the recovery you deserve after a crash.

If your car is in an accident, you may want to make a claim on your motor insurance. This page tells you what you need to know before you make a claim. And what you can do if the driver is uninsured or won’t give you their details.

Making a claim if you’re in an accident

If you’re in an accident you should:

  • not admit at the scene that it was your fault
  • exchange names and other details with the other drivers and get details of any independent witnesses. If someone refuses to give you their details your insurer may be able to trace them through their vehicle registration number
  • tell your insurer about the accident straightaway, even if you don’t want to make a claim
  • if someone is injured, show your insurance certificate or cover note to the police. If you can’t do this at the scene take the documents to the police station within seven days
  • take photographs that you may be able to later use as evidence if you need to make a claim.

If you have comprehensive insurance

If you have a comprehensive policy you should claim from your own insurer, but you may lose your no claims bonus if the insurer can’t recover the money from the other driver’s insurer.

You can still claim from the other driver’s insurer for any injuries or losses not covered by your own policy. These are called uninsured losses and can cover alternative transport while your own vehicle is being repaired, loss of earnings, personal injuries and the excess on your policy.

You should keep any losses to a minimum and keep evidence of them. If you need to hire another vehicle it should normally be similar to your own vehicle.

To make a claim, get a form from your insurer or write to the other driver or their insurer, giving details of the accident and the other driver’s policy number. Tell your insurer about any independent witnesses and send them witness statements if you can. If you used a broker or agent to buy your policy they may be able to help you. Make sure you keep copies of all documents and letters.

If you have third party insurance

You should make a claim against the other driver and allow the insurer to decide who is responsible for the accident. If they say you are responsible you’ll have to pay for repairs to your own vehicle.

To claim from the other driver tell them in writing that you want to claim from them. If they were driving a company vehicle, also let the company know what’s happened. You should tell your own insurer that you have done this. The other driver should report the accident to their own insurer. You can find out if the other driver has insurance by contacting the Motor Insurance Database

If you’ve been in an accident and you receive a letter or claim form from the other driver or their insurer forward this to your own insurer.

If the accident wasn’t your fault

If the accident wasn’t your fault you may be able to use a credit hire company rather than your insurance company.

If the driver is uninsured or can’t be identified

You can claim on your own insurance if you have comprehensive cover. The Motor Insurers Bureau (MIB) may also be able to settle your claim if the driver is uninsured. This includes cases where the driver has broken their policy conditions.

You won’t be able to claim if you are an injured passenger of an uninsured driver and you knew, or should have known, that they weren’t insured.

Repairing your vehicle

Your insurer may want to send someone to inspect your vehicle before you get it repaired. They may ask you to use an approved repairer or provide them with estimates before getting repairs done.

You may have to pay some of the repair cost yourself if your vehicle is in a better condition after repairs than it was beforehand.

If your insurer decides that it is not economical to repair your vehicle they should offer you the vehicle’s market value. They normally then take the vehicle from you but you may be able to negotiate to keep it. This is known as an insurance write off.

If your car is a write-off

If your insurer decides that it is not economical to repair your car they should offer you the car’s market value at the time of the accident. This is known as an insurance write off. They normally then take the car from you but you may be able to negotiate to keep it.

If you don’t agree the amount you’re offered is fair, you’ll need to give the insurer or insurance broker evidence to show your car is worth more. For example, you could give prices of similar cars for sale in the local area. You can also get a valuation from an independent qualified engineer, if you wanted to pay for this.

Once the claim is settled, your insurer will keep the damaged car. If you want to keep it instead, you can negotiate with the insurer. The insurer will only let you keep the car if it’s possible to repair it to make it roadworthy again. In this case, money will be taken off the amount you get, to cover the cost of the salvage value of the car.

Your insurer should get your consent to send your written-off car to the scrapyard for sale or to be broken into parts. If they don’t get your consent, then scrap the car and decide not to settle your claim, you are entitled to claim the salvage value of the car.

Minor damage to older cars

If you have an accident in an older car with minor damage, you may decide not to claim on your insurance in case the car is written off. Then you can get the car repaired yourself and keep it.

If you do claim on your insurance and your car is declared a write off, you could ask the insurance company how they work this out. For example, some insurers will write off a car if the cost of the repairs is as little as 60% of the value of the car. In some cases you may be able to claim on your insurance and avoid the car being written off by negotiating with your insurance company. You can negotiate to get your car valued at a higher price than first offered by the insurance company. You may also be able to find a garage that charges less for the repairs than the insurer’s approved garage. The insurance company will have to give their approval before you go ahead with the repairs from another garage.

If a person has been in an automobile accident , they may need to file an insurance claim. However, before doing so, they should decide if it is necessary.

If they can pay for the damage without filing a claim, they should do so. Filing a claim will most likely mean their insurance premium will go up.

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How to make a car accident compensation claim

If it is necessary to file a claim, they will need to include an insurance claim letter.

Statutes Of Limitation

The claimant should remember that there are statutes of limitations in different states for filing an injury claim, so they should not wait too long to file.

In order to make a successful claim on the insurance company, specific steps need to be taken after a car accident whether or not the claimant is at fault.

If the claimant doesn’t take these steps, the claim may not be taken seriously. The first thing to do is to determine the extent of the damages.

This includes physical injuries as well as damage to the cars and any other property. It is recommended that someone take several photos of the accident from different angles.

Important To File A Police Report

Whether the accident is serious or minor, it is important to file a police report. The drivers should not leave the scene of the accident before the police arrive. The accident should be discussed only with the police.

No one should admit fault at the scene of the accident. The people involved should talk about the accident with the police and their insurance agent only.

The next steps for the people involved are:

• Make sure they get the information that will be required to file a claim. This includes the names, address and phone of the other party and any passengers or bystanders who witnessed the accident. License plate number is not enough. The vehicle identification number (VIN) number is essential.

• The insurance agent should be called as soon as possible after the accident. It may be good to call while the police are still at the scene, because they can give the insurance agent accurate information.

• The insurance claim should be filed as soon as possible. Once the claim is filed, the insurance company may call the insured, especially if there is a dispute about the accident. If there is a call, the insured should document the conversation and get the name of the person who called.

The claimant will need to fill out the forms given by the insurance company for filing a claim, but before officially filing the claim, the insured should write an insurance claim letter to accompany the claim.

The letter should be Short and to the point. Without giving too many details, The following points should be stressed:

• Who was at fault with supporting evidence such as a police report

• Specific information about any injuries and the medical reports that prove it

• The expenses that the person had to pay because of the accident. This may include car repair, medical bills, lost wages and travel expenses. Any receipts should be enclosed with the letter

• A claim demand of a certain amount of money that the claimant requires to settle the claim. It is often recommended to demand more than the claim is worth, so the claimant is in a good position for negotiating the settlement

Below is a sample insurance claim letter for a car accident. It should be a formal business letter and may be sent by certified mail to the claims adjuster.

Sample Insurance Claim Letter For A Car Accident

Name of Claimant
Address of Claimant
City, State, Zip Code

Name of Insurance Adjuster
Name of Insurance Company
Address of Insurance Company
City, State, Zip Code

RE: Claim letter for car accident for claimant number INSURANCE NUMBER

Dear Name of Agent:

This letter accompanies my formal claim to cover the cost of repairing my car MAKE, MODEL AND YEAR, after a car, MAKE MODEL AND YEAR ran into my parked car damaging the rear end.

My car was parked by the curb in front of my house at the above address, when NAME OF DRIVER failed to stop and crashed into the back of my car.

I bought my new car last year and planned to keep it for at least 10 years. I called the police and have included their accident report with my claim request forms.

I am hoping to get a financial settlement from the at-fault driver’s insurance company, but I need my car for work, so I had it repaired as soon as I could. In spite of this, I still missed five days of work.

I have included the bills for repair and request that you pay out the amount of $5,000 for the repairs and loss of pay. When I receive compensation from the other insurance company, I will repay the amount.

Please respond within 30 days after receiving this letter. I can be reached at Phone Number or at Email Address.

Signature of Claimant
Printed name of Claimant
List of Enclosures: police report, repair bills

Use this sample insurance claim letter for car accident as a template for your formal claim letter.
Last updated on January 17th, 2019

If a person has been in an automobile accident, they may need to file an insurance claim. However, before doing so, they should decide if it is necessary. If they can pay for the damage without filing a claim, they should do so. Filing a claim will most likely mean their insurance premium will go up. If it is necessary to file a claim, they will need to include an insurance claim letter.

The claimant should remember that there are statutes of limitations in different states for filing an injury claim, so they should not wait too long to file. In order to make a successful claim on the insurance company, specific steps need to be taken after a car accident whether or not the claimant is at fault.

​​If the claimant doesn’t take these steps, the claim may not be taken seriously. The first thing to do is to determine the extent of the damages. This includes physical injuries as well as damage to the cars and any other property. It is recommended that someone take several photos of the accident from different angles. ​

The next steps for the people involved are:
​ • Make sure they get the information that will be required to file a claim. This includes the names, address and phone of the other party and any passengers or bystanders who witnessed the accident. License plate number is not enough. The vehicle identification number (VIN) number is essential.

• The insurance agent should be called as soon as possible after the accident. It may be good to call while the police are still at the scene, because they can give the insurance agent accurate information.

• The insurance claim should be filed as soon as possible. Once the claim is filed, the insurance company may call the insured, especially if there is a dispute about the accident. If there is a call, the insured should document the conversation and get the name of the person who called.

​The claimant will need to fill out the forms given by the insurance company for filing a claim, but before officially filing the claim, the insured should write an insurance claim letter to accompany the claim. The letter should be short and to the point.

Without giving too many details, the following points should be stressed:
• Who was at fault with supporting evidence such as a police report

• Specific information about any injuries and the medical reports that prove it

• The expenses that the person had to pay because of the accident. This may include car repair, medical bills, lost wages and travel expenses. Any receipts should be enclosed with the letter

• A claim demand of a certain amount of money that the claimant requires to settle the claim. It is often recommended to demand more than the claim is worth, so the claimant is in a good position for negotiating the settlement

Below is a sample insurance claim letter for a car accident. It should be a formal business letter and may be sent by certified mail to the claims adjuster.

​Sample Insurance Claim Letter for a Car Accident
Name of Claimant
Address of Claimant
City, State, Zip Code

Name of Insurance Adjuster
Name of Insurance Company
Address of Insurance Company
City, State, Zip Code

RE: Claim letter for car accident for claimant number INSURANCE NUMBER

Dear Name of Agent:

This letter accompanies my formal claim to cover the cost of repairing my car MAKE, MODEL AND YEAR, after a car, MAKE MODEL AND YEAR ran into my parked car damaging the rear end. My car was parked by the curb in front of my house at the above address, when NAME OF DRIVER failed to stop and crashed into the back of my car.

​I bought my new car last year and planned to keep it for at least 10 years. I called the police and have included their accident report with my claim request forms.

I am hoping to get a financial settlement from the at-fault driver’s insurance company, but I need my car for work, so I had it repaired as soon as I could. In spite of this, I still missed five days of work. I have included the bills for repair and request that you pay out the amount of $5,000 for the repairs and loss of pay. When I receive compensation from the other insurance company, I will repay the amount.

Please respond within 30 days after receiving this letter. I can be reached at Phone Number or at Email Address.

When a car accident strikes, it strikes with no forewarning. Not only does it happen in the blink of an eye, but in many cases, there can be absolutely no way to avoid the oncoming collision.

Resuming everyday life after a scary car accident can be significantly difficult. Common feelings of shock, nervousness, worry or fear accompany many individuals after a sudden crash. When moving forward with your life, it’s important to get the compensation you deserve to adjust back to your everyday living with ease.

Below, we discuss how to make a car accident claim and get compensation for a happier, more financially stable you.

Get information and evidence

Though you may have heard this countless times, it’s one of the most essential parts of filing an accident claim. After ensuring that everyone involved in the accident is okay, you should proceed to retrieve the other driver’s insurance information. This will include their name, phone number, and personal address. Also, write down their license plate number and confirm that the address they provide is the address listed on their driver’s license.

After sudden accidents, emotions are at an all-time high. Refrain from admitting fault at the scene. Some drivers may be cooperative but other drivers may be difficult. It’s important to tread with caution and say as little as possible until law enforcement arrives.

Document the accident

With your smartphone device or camera if possible, take several pictures of the accident. Documenting the accident with photos will protect your claim. In the instance that your claim goes to court, these photos will serve as evidence to your story.

To gain a better idea of just how to take photos of the accident, take pictures of the following elements:

  • Each corner of every vehicle involved
  • The exact location of every vehicle involved
  • The license plate of all vehicles involved
  • Any interior damage to any vehicles involved
  • Any markings or debris created by the accident

In many cases, the aftershock of an accident can alter a clear recollection of events as they happened. After ensuring all parties involved in the accident are not harmed, make sure to document the following as well:

  • The direction each car was headed
  • The speed each car was traveling (if possible)
  • The present road and weather conditions
  • If there were any possible distractions
  • How each partied the accident after it occurred
  • If there are any witnesses. If so, document their contact information to support your case.

File a claim with your insurance company

Working with your insurance company can be difficult, but it is necessary. After you’ve cooled down from your accident, you should immediately call them to start the insurance claims process. Your insurance agent should walk you through, giving you as much detail and advise as to how to gain the compensation you’ve sought. If you have good car insurance coverage, you should be able to use a rental car while your insurance company assesses the damages.

After the claims adjuster has calculated your repair costs are and whether or not to declare a vehicle a total loss, you should retrieve your estimation as well. Kelly Blue Book is a very helpful resource to use for this.

If you aren’t happy with the quote the adjuster provided to your insurance company, it may be wise to seek legal assistance.

The legal assistance you need

Handling your car accident claim and get compensation can be confusing and downright daunting. If you’ve experienced personal injuries after your accident that make it difficult to readjust to your everyday work life and personal life, you should proceed with hiring a personal injury attorney to handle your case.

It all begins with a free consultation. Contact Attorney Dan Zohar if you have questions on how to proceed: (800) 963-3311.

DON’T DELAY, CALL TODAY!
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Car accident compensation solicitor describes the most common expenses and financial losses that form part of a car accident claim with examples of how much compensation you can claim for whiplash injuries.

What is a whiplash neck injury and why is it so often part of a UK car accident compensation claim?

Whiplash is the medical name given to a neck or upper (cervical) spine injury caused when the head is jolted forward and then backwards in a violent manner – your neck being forced to act like a whip.

In a collision your seat belt stops your body from moving forward, not your head, so whiplash will often form part of your car accident compensation claim.

Click symptoms of a whiplash injury. to discover the symptoms you are likely to suffer if you have a whiplash injury.

How much compensation can you claim for your whiplash injuries?

The value of your whiplash injuries in a car accident claim depends upon how much pain it causes you and how long your symptoms last.

As a rough guideline in 2020 you could expect to receive the following car accident whiplash compensation amounts:

1. UK compensation for a minor whiplash injuries

Neck pain between a few weeks and a year with leads to compensation payouts between: £1,000 to £3,800

Neck pain lasting up to two years results in a compensation calculations of: £3,800 to £6,900

2. Car accident compensation amounts for a moderate whiplash

Neck pain for a few years with a risk of the pain returning: £6,900 to £12,000

Permanent or recurring neck pain and stiffness: £12,000 to £22,000

3. Compensation payouts for a severe whiplash trauma

Neck pain is severe and there is permanent damage to the cervical spine: up to £130,000

How to make a car accident compensation claim

Car Accident Injury Compensation

What are the types of expenses you are entitled to claim in the United Kingdom as part of your car accident compensation?

The expenses you can claim as part of your UK car accident compensation, include:

1. Compensation for vehicle collision damage

It is likely that the vehicle you were driving at the time of the accident will have been damaged or written off. You are entitled to claim the cost of repair to your vehicle. If your vehicle was beyond economic repair (written off) – you are entitled to claim the sum of money that your vehicle was worth given its age, mileage and condition, so you can buy a replacement.

2. Cost of a hire vehicle

Whilst your vehicle is being repaired you may claim the expense of a hire vehicle.

3. Loss of use of vehicle

If you choose not to hire a vehicle whilst yours is being repaired – you are entitled to claim a sum of money known as the “loss of use of vehicle” calculated on a daily rate.

4. Vehicle credit repair and hire

Vehicle repair and hire expenses can be quite large, so if you enter into a legal credit agreement to pay them you can claim this additional expense.

5. Vehicle recovery expense

Your vehicle will often have to be towed from the scene of the accident to a repair garage or to a storage unit. There will be a cost associated with this and you are entitled to claim this sum within your car accident compensation.

6. Vehicle storage expenses

Your vehicle may be stored whilst it is awaiting repair. You are entitled to claim the storage expense so long as it is reasonable. If it is stored for too long the cost of storage can be greater than the cost of the vehicle itself, which might be considered unreasonable.

7. Loss of fuel in the tank

When your vehicle is beyond economic repair you are entitled to claim the expense of the fuel that was in the tank at the time of your traffic accident. If you are involved in a trucking accident this sum of money can run into the thousands.

8. Travel expenses

You are entitled to claim any travel expenses relating to your road accident, including those to and from hospital and your GP. You will need receipts or if you used a friend’s vehicle you could claim a mileage rate – typically £0.45 per mile.

9. Cost of medical treatment for your injuries

You are entitled to claim all your medical expenses in treating your trauma – you will need to supply receipts in support.

10. Lost income

If you were unable to work as a result of your road accident you are entitled to claim lost income as a net amount – income after tax and national insurance is deducted. You can normally prove this amount with a letter from your employer or 13 weeks payslips prior to your accident. If you are self employed – you will need to show your lost income from your accounts.

Lost income often forms a large part of your car accident compensation.

11. Nursing expense

If your injuries were so bad that you required professional nursing assistance – you are entitled to claim this expense.

12. Care and assistance expense

If family members or friends provided you with care and assistance following your car accident – you are entitled to claim an hourly rate for their time. Statements from the individuals who supplied the assistance would be necessary to support this expense.

13. Loss of holiday

If you had a holiday booked which you were unable to go on as a result of your road accident – you are entitled to claim the cost of the holiday. If you were able to go on the holiday, but due to your injuries you were unable to enjoy the holiday – you are entitled to claim for loss of enjoyment.

Car Accident Compensation Summary & Next Steps

You now know what whiplash is and how much money you can claim for it as well as the expenses and financial losses you can claim as part of your car accident compensation.

Find out how car accident insurance pays your compensation for injury in a RTA.

See our compensation payout amounts article to see an alphabetical list of body parts and psychological injury with calculations of typical payout amounts you could recover.

Our motor bike accident article gives examples of typical injuries with compensation payouts for typical injuries in a motorcycle accident.

Specialist Solicitors Free Online Help

Using our specialist road accident solicitor online help – you can select from a number of free online and telephone help services we offer.

You can ask an online question, have your claim assessed or speak direct to our solicitors about you car accident compensation claim.

Created byВ FindLaw’s team of legal writers and editors | Last updated November 30, 2018

A car accident is over in a matter of seconds. But the road to recovering money for damage to your vehicle, bodily injury, or both can be a long and frustrating journey. With a little preparation and patience, you will find that you can successfully negotiate your car accident settlement.

The first step in the negotiation process is writing a demand letter to the insurance company, explaining the amount needed to cover your damages. Upon receiving the letter, the insurance company will assign your demand to a claims adjustor. An adjuster is a highly skilled negotiator whose primary goal is to settle car accident claims quickly while paying you as little as possible.

The negotiation process is not much different than haggling over an item at a yard sale. Each party has a minimum and maximum price in mind. You may go back-and-forth with offers and counteroffers several times until an agreement is reached. You don’t need to be a fast talker to settle your car accident claim, just follow these simple steps to learn how to negotiate a car accident settlement.

1. Know What the Car Insurance Policy Says

There’s no point in negotiating for something the insurance policy does not cover. Before you begin the process, read the insurance policy declaration page to learn what is covered and the payment limits.

2. Have a Number in Mind

There are basic types of damages a person injured in a car accident can recover, such as medical expenses and property damage. After you have added up all the bills, receipts, and losses you suffered because of the accident, establish a minimum and maximum payment range that works for you. This is your personal number, not to be shared with the insurance company. Remember that a claims adjuster will never give you more than you ask for, so aim high.

3. Don’t Be Upset by the First Offer

There’s no point in negotiating for something the insurance policy does not cover. Before you begin the process, read the insurance policy declaration page to learn what is covered and the payment limits.

If the initial offer is reasonable, give a written counteroffer that is below the amount in your original demand letter. This shows that you are negotiating in good faith.

What if a first offer is very low? It may just be a negotiating tactic. Ask for justification of the offer and provide a written response highlighting the points raised along with evidence to support of your claims. It’s important to honestly consider the adjuster’s comments, but do not immediately decrease your demand when presented with a low offer.

4. Be Patient but Persistent

Negotiating a car accident settlement can take several months. It can feel like a lifetime if you are waiting for repairs to be made to your car or have medical bills piling up. It’s important to stay calm during the process and keep your interactions professional. It can be maddening if an adjuster hints that you are not actually injured. This could be a negotiation tactic, so don’t let your emotions get the better of you.

Although the settlement process can be lengthy, your claim should be handled in a timely manner. Keep a calendar of your interactions with the insurance company. If you have not heard anything for a few weeks, contact them to see where they are in the settlement process. Let them know you are being patient but expect results. Claims can be reassigned or even misplaced so it is important to keep track of your claim.

5. Accepting an Offer

It’s your decision whether to accept or reject a settlement offer. Factors to keep in mind include:

  • How far apart the offer and the demand are
  • How much more you are likely to receive in court
  • The expense of taking your claim to court
  • The additional time and uncertainty of a court resolution

Once you reach an agreement, detail the terms in a letter and send it to your claims adjuster using registered mail, return receipt requested (RRR). This provides an important legal record. Within a few weeks, you should receive a release of liability letter from the insurance provider and a check. If you have any questions about the terms stated in this letter, ask before you deposit the check or return the form.

Get Professional Legal Help Negotiating a Car Accident Settlement

Your negotiation with the claims adjuster is the most important part of obtaining a fair settlement for your accident damages, so it can make a difference to have an experienced negotiator on your side. After all, insurance underwriters are highly trained negotiators. An experienced car accident attorney in your area can help you with the settlement process, and any other claims you may have.