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Car Accident Settlement Process

If you are in a car accident and hire a personal injury attorney to help you, this is the general overview of the car accident settlement process. First, you would have followed the Car Accident Do’s and Don’ts Process, including taking pictures of the accident, filing a police report, contacting your insurance to file a claim, and seeking medical attention for any injuries. While you are doing those things you will contact a personal injury attorney to assist you through the process. Once you have hired an attorney, they will then send a letter to the insurance company to inform them that you are now being represented by an attorney. The insurance company will then seize all communication with you and make all communications about your case to your attorney. This will protect you from the insurance company tricking you into saying or doing something that could hinder your case. Once you are represented by a personal injury attorney, they are simply no longer to contact you at that point but instead contact your attorney for all matters. In addition to sending a letter of representation to the insurance company, the attorney will also send letters to anywhere you are getting treatment to inform them that there is now an open claim. While you are seeking treatment your attorney will be in contact with the insurance company letting them know the status of your treatment. After your treatment is completed and you are getting better from your injuries, whether it be chiropractic care, physical therapy, surgeries, going to the doctor, or any other treatment you may need, your attorney will begin to put together a demand package. A demand package is showing all the evidence and it demands the insurance company come up with a fair settlement for your claim. It is at that time that your attorney and the insurance company will be going through the evidence and begin negotiating on your behalf as to what would be a fair settlement to settle your claim. If they can come up with a fair settlement agreement, you would then be able to sign a letter to accept and receive your settlement which usually includes a big payout to settle your claim. If an agreement is made and you sign the letter your claim would then be finished and closed. However, if your personal injury attorney and the insurance company are unable to come up with a fair settlement you could be looking at going into the litigation process. This means your attorney would then file a lawsuit against the insurance company and it will be up to your attorney to prove it was the other party who was at fault and also to prove the damages that are just along with a settlement that is deserved in a court of law. After a lawsuit is filed, there will be a lot of discovery happening and each party will be required to turn over any evidence they have to support their claim. In addition, you may have to attend depositions at which time they will be taking testimony prior to the actual lawsuit hearing. As the attorney and insurance company work through the litigation process there will likely be more talks on a settlement prior to going to trial for the lawsuit. If even throughout the process no settlement is agreed upon then the lawsuit may have to go to trial. If your case goes to trial it will be left up to a judge or jury to decide what the damages are and what just compensation you deserve for those damages. Hiring an experienced personal injury attorney like Briana C. Robertson will help you navigate your way through the litigation and car accident settlement process and ensure you have an advocate on your side to help you fight for the just compensation you deserve.


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If you or a loved one has recently been involved in a car accident and need legal representation to help with your personal injury case the law offices of Briana C. Robertson would be happy to assist you.

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