Before you think about settling, you should collect all of the documentation you need to prove your claim. Chances are, the adjuster has taken or will take a recorded or written statement from you about the facts and location of the accident, the names of witnesses, any medical treatment you received, and any expenses you had as a result of the incident. Now you must support what you told him.
The adjuster will ask for copies of all your medical bills, a medical report from your physician, documentation from your employer if you lost time at work, and proof of all other expenses. He may ask you to sign an authorization so he can obtain records of your treatment from your health care providers. All of these documents support your claim for special damages, i.e. your expenses.
Once you have all your documentation together and you’ve provided requested information to the insurance company, you will want to assess the value of your claim. Sometimes the insurance company will try to push a settlement by making you an offer before you’ve even had a chance to think about it. Take your time. Depending on the state you live in, you have at least a year or more from the date of the accident in which to settle your claim or file a lawsuit. CAUTION: If you are confused about what to ask for, or how much time you have, see an auto accident attorney for advice.
If you are confident that your claim is worth a certain amount, draft a “demand letter” to the insurance company which lays out the facts, the liability situation, your injuries and medical treatment, all of your expenses, any special factors that should be considered, and, finally, an amount you believe you should get for pain and suffering (general damages). Put it all together and ask for a lump sum amount to settle your claim, which includes both your special damages and your general damages.
These are your initial steps. Negotiations will follow. Good luck!
For more information about auto insurance claims, check out the following articles:
Evaluating Your Own Car Insurance Claim
Negotiating Your Car Insurance Settlement
Making a Demand or Waiting for an Offer
When the Adjuster’s Settlement Offer is Too Low
Settling Your Car Insurance Claim: How to Write a Demand Letter
When Your Car Insurance Claim is Denied
The Medical Authorization Form: What it is and Why You Got One
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