What You Should Know Before Agreeing To An Auto Insurance Settlement
When people think about the legal side of an auto accident claim, they often assume they'll end up fighting with an insurance company that doesn't want to pay. The situation often ends up being quite different, with a settlement being offered, but it's insufficient. Before you agree to a settlement, there are at least three things you need to understand.
There Are No Takebacks
Short of some overt form of fraud on the part of the insurance company or the at-fault party, whatever settlement you agree to is going to be all you'll get. Even if a claimant signed without the benefit of an auto accident attorney, the court doesn't care. Once it is signed and payment begins, there's nothing left to negotiate.
Also, you would have a very hard time convincing a court to take a second case involving your injuries, even if you want to go after a second party. Once one party has been declared responsible for the proximate cause of your injuries, another one can't be named.
Injuries Can Emerge Later
Among the scariest issues to consider when thinking about a settlement is whether or not all of your injuries are known. For example, swelling can mask problems with nerves, muscles, and even bones for months. Although X-rays, CT scans, and MRIs are amazing tools, they are not magical and can miss things, especially when too much swelling is present.
It's normal for an auto accident attorney to encourage a client to take their time before accepting a settlement, even if it seems like a great deal. You may need exploratory surgery, for example, to figure out what's really damaged. Likewise, tests can take months to come back. Also, some specialists may not be able to even meet with you for months.
Take your time. If the insurance company is pushing a settlement hard, tell them to pump the brakes.
No-Fault Insurance Can Make Things Tough
Many states use no-fault insurance systems. These systems compel motorists to take settlements from their own auto insurance carriers, and then the two insurance companies involved sort things out among themselves. There are even scenarios where both drivers have the same carrier.
The one huge exception to the no-fault rules is when a victim has suffered catastrophic injuries. However, your auto insurance attorney will have to prove your case qualifies as catastrophic. A catastrophic case is one the involves life-changing injuries, such as nerve damage, brain injuries, loss of body parts, or disfigurement of body parts commonly displayed to the world, especially the face.
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