Chances of Getting a Settlement After an Accident

Many people wonder what the chances of getting a settlement after an accident are. While this is a good question, a lawyer cannot answer it without getting additional information. The majority of personal injury lawsuits settle before going to trial. However, there are cases that do not have enough evidence for a lawyer to even file a lawsuit.

It is vital to investigate the evidence to determine whether an insurance company may offer a settlement after an accident. For an insurance company to offer a settlement, the victim must prove that the insured person caused an accident that led to their injuries. A dedicated personal injury attorney could help with this matter.

The Importance of Evidence in Settlement Offers

The first step to reaching a settlement is establishing that an accident occurred. For example, in the wake of an auto collision, it is crucial to document the scene by taking pictures of all vehicles involved, including identifying information about the cars, such as license plates or VINs. Pictures at the scene show that a wreck occurred at a specific location.

The second step to obtaining a settlement offer is providing evidence that the insured was at fault for the accident. Victims should call the police at the scene of the accident. In addition to taking photos, the police should talk to all of the parties involved in the accident and talk to any witnesses. They might make notes of their opinion about fault in the accident report, or a victim may use the fact that the police cited the other driver as evidence of fault.

The victim must then establish that the accident led to injuries or damage. For car crashes, photographs of the damaged vehicle can establish damage to the car. Insurance adjusters will also examine the vehicles to establish the value of the damage to the car. Victims prove damage to their bodies through medical records. Getting immediate medical care can help establish that injuries are linked to the accident. Police reports may also mention injuries to people, as can reports by other first responders or witnesses.

The more evidence a victim has that another person caused the accident that led to their injuries, the greater the likelihood that the insurance company will offer a settlement. In some instances, the insurance company may offer a settlement before a victim even has time to file a claim.

These initial settlement offers may be lower than what an injured person wants. However, the fact that the insurance company is making an offer is important because it signals that they realize their insured is at fault.

Why Would Insurance Companies Not Offer a Settlement After an Accident?

The primary reason that an insurer would not offer a settlement is because they do not believe their insured was at fault for the accident. In these scenarios, they may agree to a small settlement because of the cost of going to trial. However, when they are denying liability, they are unlikely to offer a sufficient settlement amount. Instead, a victim will have to go to court to prove liability.

Insurers may also not offer a settlement because they are denying coverage to their insured. For example, if a homeowner has a dog that has bitten people, their insurer may have expressly excluded bites by that dog from their policy. The insurer would not pay that claim. Likewise, if an insured lies on their insurance application, the provider might deny coverage.

Lawyers may take different approaches to denials of coverage, depending on the resources of the wrongdoer. Suppose the wrongdoer has sufficient personal funds to cover a damage award. In that case, an attorney may file a lawsuit against the individual and let them deal with their own insurance company. If the wrongdoer does not have the assets to cover a claim, the lawyer may file directly against an insurer and try to prove that the policy covered the claim.

Consult an Attorney to Learn the Likelihood of Reaching a Settlement After an Accident

When the evidence supports liability on the part of the insured, the chances of getting a settlement after an accident are high. Victims should consult with an attorney to discuss the strength of the evidence and determine the likelihood of getting a settlement offer. A lawyer can also help injured individuals negotiate settlement amounts, getting them the compensation they deserve. Schedule a consultation to learn more about the settlement odds for your case.