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Settlements are common outcomes in most car accident cases because even when both sides in a legal case believe they have strong arguments, it is often better to agree to settle a case rather than take it to trial, which can be costly and frustrating. Car accident claims often take time because insurers must complete their investigation and review the injured person’s losses before making any settlement decision.
Hit-and-run accidents represent a very specific kind of crash that makes it impossible to determine exactly what sort of average settlement amount people command in such cases, since there is no inventory of hit-and-run victims and compensation. When it comes to calculating what your personal settlement might be, it is good to keep in mind any unique considerations for your case that might add particular value.
In hit-and-run accidents, it is advisable to consider hiring experienced car accident lawyers, as they can offer assistance in numerous ways, including potentially identifying the driver. More importantly, a personal injury lawyer can represent your interests during settlement negotiations. Attempting to negotiate on your own can be challenging, as insurance agents prioritize their company’s interests and will use your statements in evaluating your claim and determining fault.
Average Car Accident Settlements In California
A car accident settlement can range from very small amounts to significantly higher figures, and there is no reliable way to predict the value of any individual case. Estimates published by sources such as Forbes, often noting averages around $21,000 to $23,000, are broad generalizations and should not be treated as guarantees or expectations. These averages do not account for the unique details of your injuries, evidence, or circumstances.
It is important not to compare your situation to online settlements or past results. Every case is different, and prior outcomes do not determine or predict future results. An attorney can explain the factors that may affect your claim, but no lawyer can accurately forecast a settlement amount.
Things People Should Know About Obtaining Car Accident Settlements
Following most car accidents, the insurance companies representing potentially negligent parties often take immediate steps to contact potential victims and attempt to settle the case quickly, possibly to avoid going to court. The insurers often take these steps before individuals have had the opportunity to consult with an injury lawyer, which can leave some people feeling unprepared to handle the situation.
Even when a settlement offer from an insurance company sounds generous, you need to ask yourself whether the proposed amount is really going to last when you consider all of your newfound expenses to care for your injuries, as well as many other increases to the cost of living. Chances are good that your settlement might be enough to cover your current medical bills, but not your future ones, and maybe leave you with a little extra.
It takes the typical hit-and-run accident victim many months to recover from their injuries, usually years. It can be beneficial to have an attorney on your side who can help estimate future medical costs that you may incur and determine how those expenses may be covered.
Arash Law can assist in documenting your injuries and assessing all of your damages by collecting all of your medical bills, property damage estimates, and police reports, in addition to employment records for recovery of lost wages, if available. Our California hit-and-run injury firm considers every relevant factor when determining a settlement figure for negotiations.
Factors Affecting Hit-And-Run Accident Settlements
A hit-and-run accident can lead to a number of potential complications for people seeking compensation, with the primary challenge often being determining the identity of the driver. When a negligent driver leaves the scene of a hit-and-run accident and is never located, it does not do much to help most people with injury claims.
Most people will still have other types of automobile insurance claims they can file with their own insurance companies; however, it is still advisable to seek legal counsel for assistance in negotiating settlements in these cases. Insurers may occasionally make decisions that do not fully align with their clients’ interests.
Identifying An At-Fault Driver
When you report your hit-and-run accident to local police, they can usually take a number of steps to help locate and apprehend the driver. Not all efforts are successful, however, as some drivers can escape and hide until later without ever being discovered.
For many victims in these cases, uninsured motorist (UM) insurance can prove to be an invaluable investment because such policies will treat hit-and-run accidents the same as uninsured motorist claims. Most states do not require people to carry UM insurance, so it remains optional, but it can be a real lifesaver.
Diagnosing Injury Severity
When you are dealing with a hit-and-run injury claim, the nature of your injury can certainly play a major role in the amount of compensation you can potentially pursue. Injuries requiring surgery, longer hospital stays, rehabilitation, or additional treatment are worth more than injuries that are less severe.
The most common kinds of injuries that generally result in larger settlements are traumatic brain injuries (TBIs) and spinal cord injuries. A TBI will be a lifelong injury that tremendously impacts how a person can navigate daily life, while a spinal cord injury can involve possible complications to the rest of a person’s body.
Many injuries also impact a person’s work ability, making it difficult to return to their former professions. In such cases, individuals who have been injured may have grounds to file claims for reduced earning capacity. You may be able to pursue compensation when your injury affects your ability to earn a living.
Hit-And-Run Damages
People involved in hit-and-run accidents can suffer various kinds of damage depending on their role in the accident. When it comes to a personal injury case, damages are typically divided into economic damages and non-economic damages.
Economic damages are for actual, tangible losses, such as:
- Medical bills
- Lost wages
- Property damage
- Vehicle rental costs
Non-economic damages relate to more subjective concerns, such as:
- Pain and suffering
- Permanent disability
- Disfigurement
- Emotional distress
- Diminished quality of life
Wrongful Death Claims In Hit-And-Run Cases
When a person is killed in a hit-and-run accident, certain family members may have grounds to file a wrongful death lawsuit in California. Under California law, the right to pursue a wrongful death claim is generally granted first to the deceased person’s spouse or domestic partner and children. If none exist, other family members such as parents or siblings may be eligible to bring a claim.
A wrongful death case often has a different statute of limitations than personal injury cases, in which the dates of accidents are starting points, and the date of death is instead when the limitations period begins. An experienced accident attorney can help determine the applicable deadline for such cases and assist in negotiating with an insurance company for a suitable wrongful death settlement.
Other Damages Juries Can Award
While compensatory damages are the most common form of recovery in personal injury cases, certain hit-and-run cases can result in a punitive damages award. Punitive damages are awarded in rare cases, and they are intended to punish wrongdoers rather than to compensate victims.
A punitive damage award can be part of a successful trial verdict, serving as an additional sum for a person. This award becomes more likely when a hit-and-run offender commits other forms of misconduct for which a judge will want to send a message. A punitive damage award intends to warn others about conduct that courts will not accept.
When Police Cannot Identify A Hit-And-Run Driver
The police departments that handle hit-and-run cases usually invest significant resources in trying to catch the people responsible for the accidents. The unfortunate truth remains that there are some drivers who simply avoid capture and thus leave victims with no means by which to hold them accountable.
People can still have options to pursue compensation even when police cannot find a hit-and-run driver. Insurance companies can play major roles.
When To File An Uninsured Motorist Insurance Claim
California Insurance Code § 11580.2(a) establishes that auto insurance companies are required to offer uninsured motorist (UM) coverage as part of every automobile liability insurance policy, unless the policyholder declines the coverage in writing. If you are involved in a hit-and-run accident or an accident with an uninsured driver, you may be able to file a UM claim with your own insurance company.
Your UM coverage is determined by your policy limits. Depending on your situation, you may be able to pursue compensation for medical bills, lost wages, and other damages. Consider hiring an accident lawyer who can handle your UM claim and communicate with the insurance company on your behalf.
Steps Arash Law Takes For Our Clients
When you choose Arash Law, we take decisive action to protect your interests; here are the steps we take for our clients:
- An independent investigation of your crash scene and cooperation with law enforcement in working to identify the hit-and-run driver.
- The collection and identification of other forms of evidence supporting your claims.
- Estimating a fair settlement value
- Navigating the claims process
- Negotiating a settlement
- Communication with all involved parties, including insurance companies, court officials, and investigators.
While the time limit to file a lawsuit for injuries varies by state, California law generally provides two years from the date of the accident to file a personal injury lawsuit. Certain situations can affect this legal deadline, such as cases involving minors, government entities, or the at-fault party being out of state. It is important to act promptly, as waiting too long could result in losing the right to pursue compensation.
Figuring Out Your Settlement Value For A Hit-And-Run Accident Case
You can get an estimated range of settlement values by speaking with an experienced hit-and-run accident lawyer. If you are dealing with serious injuries, it’s advisable to seek legal representation, as your needs may be more urgent than those of others.
When you hire an attorney, they can evaluate your case and determine the factors that may affect your potential settlement amount. They can help you understand the range of potential outcomes based on the specific circumstances of your case.
Speak With Our Team At Arash Law About Your Case
Even though settlement averages are difficult to determine, our team at Arash Law, managed and operated by Arash Khorsandi, Esq., will be happy to help you get a better idea of what kinds of damages may be available in your own case. Our California injury law firm provides free case reviews, allowing you to discuss your situation with no obligation to hire us.
Arash Law handles all car accident cases on a contingency fee basis, meaning you pay no attorney’s fees unless we win your case. In some situations, case-related costs may remain your responsibility even after the case concludes.
We can represent clients in various kinds of car accident cases, including fender benders. You can call (888) 488-1391 or contact us online to schedule a free initial consultation.
