Can I Settle My Own Car Accident?

When you get involved in a car accident in California, you can settle with the other party even without a lawyer. Sometimes, minor crashes like fender benders cause little to no injury, and it’s clear who’s at fault. These are scenarios where you can choose to negotiate with insurers by yourself. However, if your case involves serious injuries and confusing liability disputes, consulting a car accident lawyer may be crucial.

Understanding What It Means To Settle A Car Accident

In car accident cases, the injured victim generally seeks compensation from the responsible driver, typically through an insurance claim. A settlement is an agreement resolving the case between the involved parties through a monetary payment.

California sees many settlements because they often proceed more quickly than court cases. If the injured party’s claim succeeds, a settlement allows them to obtain compensation sooner than if they went to trial.

Being aware of your claim’s actual value and having sufficient evidence are some ways to pursue a favorable settlement.

Things To Consider Before Handling A Settlement Alone

Before deciding to seek a settlement for your car accident claim on your own, consider asking yourself a few questions, such as the following. If your answer to them is “yes,” then it might be doable to handle the claim on your own. Conversely, if you’re unsure or you answer “no” to any of them, consider reaching out to car accident lawyers for help.

Did You Collect Any Evidence?

The insurance adjuster may ask you for proof backing your car accident claim. Photos, videos, police reports, medical bills, and witness testimony are types of evidence you can use. Medical documents from your doctor, surgeon, or chiropractor can also support your claim. These documents help find who may be at fault and if they were negligent.

You can provide these pieces of evidence on your own if you collected them at the scene of the accident. However, if you couldn’t do so due to your injuries or because you didn’t know how to obtain documentation such as CCTV footage, a lawyer can help.

Is The At-Fault Party Clearly Identifiable?

If you are 100% clear on who’s responsible for your car crash, the claims process may be less complicated and easier to handle on your own. However, if you believe you contributed to the collision and are unsure of how that might impact your case, consult an attorney.

There are cases where the other party may dispute your claim, or you may be partially at fault for the car accident. In California, the state’s pure comparative negligence law lets you pursue compensation even if you are up to 99% at fault.

Under this system, multiple parties can share blame for an accident. The proportion of fault assigned to you may reduce your final settlement. For example, the adjuster determines that you are 15% at fault because you were using your phone right before the crash. When you file a claim, you may only recover up to 85% of the total damages.

Are You Filing A First-Party Or Third-Party Claim?

After a car accident, you’ll deal with either your own (first party) insurer or the other driver’s (third party) insurer. Where you file a claim will depend on who’s at fault for the crash and how much coverage is available.

For third-party insurance claims, some sources of compensation can include:

• Third-Party Bodily Injury Liability Insurance — Covers your medical expenses after an accident.
• Property Damage Liability Coverage — Pays for damage to your car and other personal belongings.

Meanwhile, you may need to file with your own insurer if the at-fault driver is uninsured or underinsured. In some cases, such as after hit-and-runs, you may not be able to track them down. In these scenarios, your options can include:

• MedPay — Covers your medical expenses.
• Uninsured Motorist/Underinsured Motorist (UM/UIM) Coverage — Protects you if a driver with no or insufficient insurance injures you.
• Collision Coverage — Pays for the repair or replacement of your vehicle damaged in a crash.

These policies and coverages often require you to undergo various processes and comply with specific rules to seek benefits. If you’re familiar with what you need to do, you can take the necessary steps on your own. Otherwise, it may be helpful to have a lawyer on your side when navigating these procedures.

The Risks Of Settling Without Legal Help

You can settle a car accident claim without a lawyer. However, doing so can pose some risks. Here are a few to consider when deciding whether or not to settle your own car accident:

Not Understanding The True Value Of Your Claim

Accepting an offer that’s worth less than the value of your losses is a considerable risk when you settle without a lawyer. You may overlook or downplay significant damages, such as:

• Future medical bills.
• Loss of potential earning capacity.
• The injury’s long-term impact on your life.

Accidentally Harming Your Case

Insurance adjusters often observe your actions in relation to the accident. If you’re not careful, you may say or do something that contradicts the details of your claim. A simple “sorry” is a classic example, as it suggests you are partly to blame for the incident.

When filing your insurance claim, you may encounter the following situations:

• Misrepresenting Your Injuries — Statements like “I’m fine” could cause claims adjusters to undervalue the severity of your injuries.
• Providing Recorded Statements — Insurers can ask you for a recorded statement. If you aren’t familiar with the claims process, you may not know that you’re not required to say anything to them. If you provide a statement and accidentally say something that harms your case, that could cause disputes during settlement negotiations.
• Misunderstanding Policy Terms — You may not fully understand your insurance policy. The complex language may lead you to miss some of the losses that it covers.

Missing Critical Evidence

When you have little to no experience in settling car accident claims, it can be easy to overlook obtaining crucial pieces of proof. For example, you may have taken photos of the accident scene, but might not have checked for and gathered footage from nearby cameras. Insufficient evidence can make it harder to establish your injuries, losses, and the other party’s liability. As a result, your claim may be rejected or result in a low settlement offer.

How To Settle A Car Accident Claim Without Legal Assistance

Once you’ve decided to pursue a car accident claim on your own, note that the procedures to settle aren’t always the same. Every car accident case is unique, so resolving one may require some or all of these steps:

• Gather information about the accident. Get witness accounts, photos, police reports, and medical records.
• Identify the potentially liable parties.
• Report the incident to the police and the California DMV.
• Inform the insurance provider of the accident to start the claims procedure. You may also need to review your insurance policy details.
• Pay attention to the insurance provider’s deadlines and other legal time limits.
• Communicate and document all correspondence with the insurance company. Take note of the dates, times, and names of the agents you communicate with.
• Record your damages. They can include lost income, medical bills, property damage, and other related costs.
• Negotiate with the insurance company until you reach an agreeable settlement.

If you accept an offer, obtain a written agreement from the insurer. The details should include the final amount due and the terms and conditions. Review the release and settlement agreement thoroughly before signing. Once you do, you usually can no longer seek compensation for the same car crash, even if you incur further losses later on.

How Long Does It Take To Settle A Car Accident Claim In California?

In California, straightforward car accident claims may settle in a few months. Meanwhile, more complex cases could last for more than a year, with resolution timelines varying widely.

Some of the key factors that affect your settlement timeline are as follows:

• Case Complexity — Claims may settle quickly if injuries are minor or the responsibility for the accident is clear. However, the process may take longer if there are serious injuries, liability disputes, or many parties involved.
• Recovery Progress — Settlements are usually not finalized until the injured party finishes their post-accident treatment plan. Once a doctor confirms that their condition has stabilized and they’ve reached maximum medical improvement (MMI), they can estimate current and future healthcare costs more accurately.
• Settlement Talks — Prolonged negotiations may delay resolution. You may need several rounds of talks or mediation to solve disputes.
• Legal Action — The procedure slows down if talks break down and the matter goes to trial. The schedule may get delayed by a few months due to trial prep and court procedures.

California’s Fair Claims Settlement Practices Regulations dictate the duration of the claims process. In general, these rules require insurers to follow a strict timeline by:

• Responding to a claim within 15 days.
• Accepting or denying it within 40 days after receiving the requested information.
• Paying out the settlement within 30 days of the claim’s approval.

When Victims Should Consider Hiring Legal Help

Not every car accident claim requires you to hire an attorney. However, there are specific scenarios in which you may realize, “I need a personal injury lawyer.” These include accidents that involve:

• Serious injuries or permanent disability.
• Disputes about who caused the crash.
• Multiple parties, such as pedestrians or commercial vehicles.
• Lost wages resulting from missed work due to injuries.
• Significant financial difficulty due to the accident.
• Rejection of your claim or a low settlement offer.
• Severe psychological trauma or emotional suffering.
• Serious damage to your property, including your car.
• Pre-existing health conditions worsened by the accident.

When your situation involves one or more of the issues above or is too complicated to handle on your own, consider hiring a car accident lawyer. They can address these challenges and guide you as you pursue compensation. Skilled attorneys can also:

• Handle cases with uninsured or underinsured at-fault parties.
• Obtain surveillance footage, police reports, and other forms of proof to support your claim.
• Manage legal deadlines for submitting claims or lawsuits.
• Assist in negotiating fair compensation with insurance firms.
• Present your case in court if it proceeds to trial.

One common question claimants have about getting legal help is, “Do lawyers only get paid if they win?” If the lawyer works on a contingency fee basis, the answer is yes. You only pay for their services if they win your case or secure a settlement for you.

Frequently Asked Questions

Whether you hire an attorney or handle your claim yourself, you might still want help with your case. Some victims seek free accident lawyer advice, while others surf the internet for answers.

To get you started, here are some of the most frequently asked questions about car accident claims and settlements.

Can I Settle My Car Accident Claim Before Finishing Medical Treatment?

It’s possible to settle a car accident claim before you finish your medical treatments. However, it may not always be practical. Accepting a settlement too soon may cause you to underestimate future medical costs. You may also overlook ongoing care and other long-term consequences.

Your compensation should represent the full cost of your injuries. For example, you may need to wait until you reach Maximum Medical Improvement (MMI) or until your condition has stabilized to calculate your treatment costs more accurately.

How Long Do I Have To File A Car Accident Claim?

You generally have two years from the date of your injury to file a car accident claim. If you submit your case after this deadline, you typically forfeit your right to pursue compensation in court.

Some exceptions may extend this time frame, known as the statute of limitations. For example, the deadline for injured minors pauses until they turn 18. They have until they turn 20 to file a claim. Another instance is when you’re filing a property damage claim. The statute of limitations imposes a three-year limit for these cases.

At times, a government entity may be responsible for the accident. Your injuries may be due to poor road design or a crash involving a public vehicle. In these cases, you only have six months to file an administrative claim. If it’s denied, you have another six months to file a lawsuit.

How Do I Determine The Value Of My Car Accident Claim?

Compute both economic and non-economic damages to find out your claim’s potential value. Economic damages include medical bills, property damage, lost income, and out-of-pocket expenses. Meanwhile, non-economic damages usually cover the loss of enjoyment of life, mental distress, and pain and suffering.

How Do I Write An Effective Demand Letter To The Insurance Company?

Start your demand letter by introducing yourself. Include your name, the date of the accident, and the at-fault party’s insurance information. Give a factual account of the collision. Then, support your request for compensation with documents such as police reports and witness statements.

Other specific details to include in your letter are:

• Your injuries
• Medical care received
• Missed income
• Any other monetary losses
• Copies of your documents and bills

Also, include a clear settlement amount that covers all your losses. Finish the letter by setting a firm but courteous deadline for a response.

Get Legal Representation For Your Car Accident Claim

You can try to settle a car accident claim without legal counsel, especially for cases with minor injuries and a clear assessment of fault. However, some personal injury cases can be too complex and risky to handle on your own.

Severe injuries, liability disputes, and insufficient evidence can make your claim challenging. When you encounter these issues, it may help to have a lawyer handle the claim, whether it goes to court. At Arash Law, our skilled car accident lawyers can help you pursue a fair settlement or start a lawsuit.

Let our experienced attorneys manage your case so you can focus on your recovery. Call AK Law at (888) 488-1391 to schedule a free initial consultation.