Have you ever been injured in a car accident that wasn’t your fault?
Millions of Americans deal with this problem every year. In fact, the most recent statistics show that 39.5 million personal injury cases result in medical treatment annually just in the United States. That’s an enormous number, considering that this means that there are 126.3 injury cases per 1,000 people per year.
The problem with this:
Accident victims rarely know what rights they have and they usually either accept some small settlement from the insurance company or don’t receive any compensation at all.
You cannot win against the insurance company if you don’t know your rights.
This article will provide you with the information on what rights car accident injury victims have and what you need to do to protect yourself from being taken advantage of by the insurance companies.
What you will discover:
- Your Basic Legal Rights As An Accident Victim
- How Much Compensation You Can Get
- Biggest Mistakes That Could Cost You Thousands
- When You Need Legal Representation
- How To Get The Highest Possible Settlement
Your Basic Legal Rights After a Car Accident
You have the legal right to compensation for ALL your damages.
No, that’s not an exaggeration. We are talking about all the following:
- All the medical bills including future treatment
- All the lost wages and your decreased earning capacity
- Pain and suffering
- Property damages
- Emotional distress
The keyword here is ALL.
The insurance company will most certainly try to tell you otherwise, try to tell you that some of the damages aren’t covered and that you don’t even deserve any money for pain and suffering.
But that’s just hogwash.
Understanding Your Right to Fair Compensation
The average payout for car accident injuries settlement cases range between $15,000 and $100,000 depending on how serious the injuries were. People with legal representation receive settlements nearly three times higher than those without lawyers.
Why is that?
Because insurance companies know that most people have no idea what their rights are, and they will try to pressure you into accepting a quick and easy settlement as soon as possible.
On the other hand, when you have an experienced car accident lawyer on your side, everything changes. They know what your case is worth and they will not let the insurance company take advantage of you.
Think about it:
If you are stuck with a mountain of medical bills, not working and unable to pay your bills and still in pain from your injuries, do you really want to accept a settlement that’s less than you are entitled to?
The Right to Decline Initial Settlement Offers
This one is one of the most important rights to know…
You are NOT obligated to accept the first settlement offer made by the insurance company.
Insurance companies will often contact you within a few days from the date of the accident with what is apparently a “generous offer.” Don’t be fooled.
The initial settlement offer is often as much as 10-20% less of what your case is actually worth, and they’re betting on you not knowing your rights and quickly taking the offer.
This is what you should be doing instead:
- Politely declining the initial offer
- Documenting your injuries and all of the damages
- Getting a professional evaluation of the worth of your case
- Never giving recorded statements without your lawyer present
Keep in mind that once you accept a settlement offer, it’s final. You cannot come back a month later and ask for more money.
The Right to Receive Medical Treatment
You absolutely have the right to receive medical treatment for your injuries.
Don’t let the insurance company tell you which doctors you have to see or get treatment from. You have every right to choose your own medical care providers, seek second opinions, and receive any and all necessary treatment.
The insurance company might try to strong-arm you into using their “preferred doctors,” or they will cut your treatment short to reduce your claim.
Do not let them get away with it.
Your health and wellbeing is most important, and all the proper medical documentation for your injuries is vital for your case.
What is Comparative Negligence?
Comparative negligence means that even if you were partially at fault for your accident, you can still receive compensation.
In many states, if you were found to be 30% at fault, then your settlement would be reduced by 30%.
But the most important part here is:
Insurance companies are notorious for trying to blame you for the accident in order to lower their payout. The right legal representation is crucial here because an experienced lawyer will fight their attempts to place the blame on you and protect your rights.
The Statute of Limitations: You Have Limited Time
One of your rights in this regard is that you only have a limited time to file a lawsuit after your accident.
This time is called the statute of limitations and it varies from state to state.
In most states, you have between 1-3 years to file your lawsuit. After the deadline has passed, you lose your right to receive compensation.
There are no exceptions or second chances.
This is why it’s imperative that you get in contact with a lawyer as soon as possible after your accident.
Your Right to Discovery and Evidence
You have the right to obtain evidence related to your car accident injury case. This includes police reports, medical records, witness statements, and traffic camera footage.
Insurance companies have investigators of their own working hard to minimize your claim, so you need someone working just as hard on your side.
When Do You Absolutely Need Legal Representation?
Listen to me carefully here.
If you were injured more than a little in the accident, you need a lawyer.
Here’s why:
Insurance companies have experienced adjusters and lawyers working for them full-time whose sole job is to pay you as little as possible. These people know all the tricks and all the loopholes and they will use them against you every time. The only chance you have against them is if you know your rights.
This is not a level playing field.
If you have suffered serious injuries, have permanent disability, are in a dispute over who was at fault for the accident, or your claim has been denied, you absolutely need professional legal representation. The good news is that most personal injury lawyers work on contingency fee, so you don’t have to pay a penny unless you win your case.
How to Protect Yourself from Insurance Company Dirty Tricks
Insurance companies have several tactics for trying to squeeze every penny out of you and give you as little as they can.
They will try to give you money early on before you fully understand the extent of your injuries, record your statements, tell you that you don’t need a lawyer, or just slow-walk your claim until you grow desperate and settle.
Do not fall for any of these. Your rights are worth fighting for.
Maximizing Your Settlement: Know Your Worth
The reason most accident victims end up getting way less than what they should is because they don’t know their rights and how much their settlements should be worth.
The typical settlement takes into account all medical bills, lost wages, pain and suffering (calculated to be 2-5 times your medical bills), property damages, and emotional distress.
The key to all of this is proper documentation and professional evaluation of your case.
Wrapping Up
Knowing your rights as a car accident injury victim is not only important, it’s crucial. The difference between receiving a fair compensation or being taken advantage of.
Keep in mind these things:
- You have the right to fair compensation for ALL your damages
- Never accept the first settlement offer
- You don’t have to take their doctors
- There is a limited amount of time in which you can exercise your rights
- Professional legal representation levels the playing field for you
Insurance companies count on you not knowing your rights. They expect you to settle for what they first offer you and they will take advantage of that.
But now that you know the truth, now that you know your rights, you are able to protect yourself and ensure that you get the compensation you deserve.