3 Myths About Car Accident Claims
Myth #1: You have to “go to court” or sue someone after a car accident.
Some people are reluctant to “sue” or be involved in litigation. However, in most cases, you do not need to file a lawsuit to receive compensation for your auto accident claim. Instead, you or your attorney will open an insurance claim with the insurance company of the driver that caused the collision. After the claim is open, you can deal with the insurance adjuster in an attempt to resolve the claim. At this point nothing is filed with the court and you attempt to negotiate a settlement.
The insurance company for the at-fault driver has been paid premiums to compensate an individual harmed the by the at fault driver. That is their purpose. If there is no insurance from the at fault driver, you have likely paid YOUR company for coverage for such instance. It is call uninsured motorist coverage. These cases are the exact reason people carry insurance. You should never be deterred from seeking the compensation you rightly deserve.
In some cases, the insurance company does not want to pay you enough money to settle your claim. That’s likely because of THEIR greed, not yours. When an insurance company doesn’t offer a fair amount of money to settle the claim, you may decide to “sue” the driver that caused the car accident. Even though you are filing an action against the driver, the insurance company hires the attorney to represent the driver in the lawsuit. If you win the case, the insurance company, not the driver, pays the money. It’s still important to remember that in those instances – which is most instances – it is the insurance company that caused the at fault driver to get sued by not treat the injured party fairly.
Myth #2: The other driver has to pay the bill out of his or her pocket.
The driver that caused the wreck does not have to pay out of pocket as long as he or she has car insurance. Unless you were injured by a very wealthy person, the insurance money will likely be all the money you are able to get. (Except for other applicable coverages that may be in play).
Many people choose to not go after the at-fault driver because they don’t want to be seen as a greedy or unfair person. In reality, the at-fault driver has insurance and has bought the insurance in case they make a mistake and injure you.
There’s no reason to feel bad about trying to get the at-fault driver’s insurance money. Insurance companies sell the coverage and make immense profits in so doing. Assuming the driver that hit you has followed the law and has automobile insurance, you will get compensation from the insurance company.
Also, don’t forget what we have written about before, buy UIM Coverage! Ask your insurance agent about your Underinsured Motorist Coverage (UIM) limits. UIM coverage is insurance you can buy for yourself in case the person that injures you does not have enough insurance. It’s very cheap to buy but can mean all the difference to your financial security if you get injured.
Myth #3: There are too many big verdicts and frivolous lawsuits.
In the past few decades, some newspapers have published shocking headlines about frivolous lawsuits and big verdicts. “Woman spills hot coffee and gets millions!” or “Man gets shot while robbing a home, sues the homeowner, and gets millions.” People read these headlines and shake their heads. However, often there are (1) facts that aren’t reported or (2) corporate malfeasance or conduct that caused the jury or company to make such an award. Those kind of facts don’t always get reported because it detracts from the headline.
I’ve been handling personal injury cases for years. I’ve seen hundreds and hundreds of cases, especially car wrecks cases. Our office does not handle frivolous cases. All of the economic pressures steer attorneys away from frivolous cases. Think about it this way. We only get paid if our client gets paid. Our receiving a fee is contingent upon the strength of your case. It isn’t smart to take a frivolous case because jury won’t award a verdict for a frivolous case.
Our jury system helps prevent unfair verdicts and frivolous lawsuits. Before a case even gets to trial, a judge can kick it out if it’s frivolous. The case must have merit to proceed through the legal system. The fact a case gets to a jury trial tells you that the judge did not think the case was frivolous.
If a car wreck case goes to trial, there are jurors that will decide that case. If the jurors decide to award a big verdict, there’s a good reason for it. In other words, you need to look past the headlines. The jury spends hours listening and considering all the evidence. It’s very likely that you would change your mind about a case if you heard all of the facts.A shocking headline cannot cover all of the important facts.
SERIOUS INJURIES – REQUIRE SERIOUS ATTORNEYS
Our firm understands the repercussions of a serious accident. If you are injured due to another party’s negligence, you should not have to fight the uphill battle for compensation on your own. When you hire Ferrell & Brown, you are hiring a devoted, caring, and aggressive team who will tenaciously fight for you. If you or someone you know was injured in a wreck and wishes to schedule a consultation, please do not hesitate to contact Ferrell & Brown.