How to Settle a Car Accident Claim Without a Lawyer
Settling a car accident claim without a lawyer is possible. However, it’s important to approach the process carefully to ensure you protect your legal rights and interests.
Nothing discussed here is intended to be construed as legal advice. An experienced Kentucky car accident lawyer should evaluate the unique facts and circumstances of your car wreck and personal injury to determine the proper course of action. We advise car accident victims against trying to settle their claims without the advice and counsel of a trusted car accident lawyer. The intent of this discussion is only to give a general overview of how to settle a car accident claim without hiring an attorney.
What to do when involved in a car accident in Kentucky?
First, ensure everyone’s safety and report the car accident to the police. Next, it is essential to exchange necessary information with the other drivers involved. This may include phone numbers, car insurance information, and vehicles involved. You should also request medical attention. It is important to get a medical evaluation following a car crash.
Do not worry about the cost of medical care. Kentucky’s no-fault statutes provide basic coverage of medical bills up to at least $10,000.00 through your car insurance company. If you are physically able, document the scene of the accident by taking photos. Take note of weather conditions, damage to your vehicle, and other important details. Additionally, get the names and contact information of any witnesses to the car accident.
Notify your car insurance company promptly and provide them with detailed information about the car accident. Our experienced Kentucky car accident lawyers avoid having our clients speak directly with the car insurance company. This is because car insurance companies will attempt to use your words against you to avoid paying the claim. Even the most sophisticated and well-intentioned person can inadvertently hurt their claim value. Check out our discussion on tactics car insurance companies use to minimize the value of claims or deny claims.
How your Lawyer can help you navigate HIPAA after a car accident
Once you complete medical treatment for your car accident-related injuries or have reached maximum medical improvement (MMI), you will need to request and gather all your related medical records and medical bills. Medical providers are regulated by the Health Insurance Portability and Accountability Act (HIPAA).
HIPAA gives individuals rights over their protected health information. This includes:
- the right to examine and obtain a copy of their health records
- rights to direct a covered entity to transmit to a third party an electronic copy of their protected health information in an electronic health record
- your rights to request corrections
Collecting your medical records is a time-consuming task. We take on this task so that our clients can focus on other productive matters in their lives.
We recommend hiring an experienced Kentucky car accident attorney to navigate the HIPAA complexities of collecting this information. Again, this should not be done until you complete treatment and are released by your doctor to ensure you get a complete record.
An Attorney can help you prove your liability claim
While receiving treatment for your personal injuries and trying to balance your work and family obligations, you will need to prove your liability claim to the at-fault driver’s insurance company. The claimant (you) has the burden of proof to develop each aspect of the claim. The car insurance company and their adjuster will not assist you or offer advice. They are not your friends. They often get bonuses for settling your claim for less money than they budget for the claim.
To prove liability, in a car accident claim the claimant will want to provide all the support documents. These documents substantiate their claims to the insurance company. Support documents include but are not limited to:
- police reports
- pictures of the scene
- witness affidavits
- video or pictures of the wreck
- body cam video from the responding officer
- relevant statutes (rules of the road)
Our attorneys at Stein Whatley Astorino, PLLC, start gathering this information the day a car accident victim retains us. We urge you to contact us as soon as possible following a car accident. This is vital because some of the information we request is only held for a short time after an event. Failure to timely request it can result in the destruction of the evidence. These intricate details are what sometimes make the difference in these car accident cases.
Getting the full Value of your claim
The process is not over once the at-fault carrier accepts liability. It is only the beginning. You then need to prove the value of your claim. The claimant must prove the injuries suffered from the car accident and how those injuries will impact them in the future. Therefore, medical records and medical bills are essential. Additionally, it can often also require the opinions of a medical professional in a report.
The value of your claim is part computation of economic damages (past medical bills, lost wages, etc.) and part art when developing value from non-economic damages like pain and suffering. Our seasoned Kentucky car accident lawyers have the training and experience to identify value and develop our clients’ damages so that they are presented to an insurance company in an organized and well-reasoned manner.
All the support documents must be sent to the insurance company. Stein Whatley Astorino, PLLC, and their aggressive car accident attorneys send formal demands with all support documentation. This puts the insurance companies on the clock. It also positions us to negotiate full and fair settlements for our clients efficiently.
Negotiation can be done without an aggressive car accident lawyer. However, insurance companies often low-ball unrepresented claimants. They know that unrepresented claimants do not have the experience to develop their claims for full value properly. Moreover, the insurance adjusters know that the unrepresented car accident victim, as a practical matter, does not have the knowledge and experience to file a lawsuit to force them to fully value the claims.
An experienced Kentucky car accident attorney creates more value for the victim than the attorney costs.
What about car accident mediation?
Mediation is an option if negotiations prove challenging. A neutral third party can assist in finding a resolution that both parties can agree on. However, the unrepresented claimant (you) will have to pay for the mediator’s time out of your pocket. Stein Whatley Attorneys, PLLC advance car accident case costs like these for our clients.
You must carefully review the terms of settlement once a fair settlement is reached. Pay careful attention to any release of liability forms.
Again, we advise that you have a skilled Kentucky car accident attorney review all settlement documents. You do not want to unintentionally release the insurance company or their insured from obligations beyond the personal injury settlement. Moreover, you do not want to assume expensive obligations that might come back to harm you.
can Third-Party claims affect my claim?
Lastly, you must ensure no third-party liens exist on your settlement proceeds. These liens can originate from contracts, statutes, and/or case law. Our trusted Kentucky car accident lawyers identify and notify these potential third parties of our client’s claims shortly after representation. Potential third parties may include:
- health insurance
- short-term disability insurance
- Medicare, etc.
Stein Whatley Astorino, PLLC, will then negotiate these liens to maximize our clients’ financial recoveries while preserving their benefits. Failure to satisfy third-party liens can lead to suspension of benefits. It can also open you up to a lawsuit for collection of the lien sum.
Making a decision that is right for you
While it is possible to navigate this process without legal representation, remember that seeking legal advice is advised. A “straightforward” or “open and shut” car accident claim is more complex than it initially appears. Consult with the experienced lawyers at Stein Whatley Astorino, PLLC, if uncertainties arise or challenges appear during negotiations. Matt Stein, John Whatley, and Rob Astorino can help ensure you fully understand your rights and options. You’ll get the full and fair car accident settlement you deserve.
Learn more about how our Lawyers can help you get the compensation you deserve if you’e had a car accident.
