Filing a car wreck injury claim is not always a straightforward process. Many victims assume the claims process is straight forward and are misinformed about the process and how it works. Unfortunately, believing common misconceptions about the claims process could put you at a disadvantage and hurt your chances of securing a fair settlement.
Below, I clear up some of the misconceptions many car wreck victims have regarding the claims process. If you were injured in a car wreck, do not risk mistakes due to misconceptions – contact us for a free, no obligation consultation today.
COMPENSATION IS LEGALLY GUARANTEED
There are no legal guarantees that you will receive compensation after being injured in a car wreck. Even if it seems obvious the other driver is at fault, compensation is not cut and dry. The driver may be uninsured. The insurance company may claim you were partially responsible for the wreck, or that your injuries are not as bad as you say. The insurance company’s main goal is to save money – they may deny your claim or misconstrue your words to assign fault to you and avoid a payout. Or they could plain and simply try to take advantage of you.
THE INSURANCE COMPANY WILL OFFER A FAIR SETTLEMENT
As mentioned above, the insurance company is looking to protect their best interests – not yours. Smaller settlements are in their best interest. Do not assume the insurance company is on your side. You do not have to accept a settlement offer. It is common that the insurer offers a low initial settlement, which may not provide enough compensation for your damages. You have the right to negotiate and ask for more compensation.
A POLICE REPORT IS ENOUGH TO PROVE FAULT
While it is important to call law enforcement after a wreck to have a police report is created, this is not the only piece of evidence needed to prove fault. The officer records the facts in the matter as he or she sees them, but there are many other types of information necessary to build a strong case, such as:
- Witness testimony
- Accident photos
- Accident reconstruction
- Surveillance videos
- Weather, road and traffic conditions
LIABILITY IS ALWAYS CLEAR IN REAR-END ACCIDENTS
Many mistakenly believe that rear-end accidents are always the fault of the rear driver. While this is most often the case, it is not always so. The driver in front could be responsible if a rear-end collision occurs due to his or her negligent actions, such as:
- Speeding
- Switching lanes at unsafe distances
- Unnecessarily slamming their brakes
HIRING A LAWYER IS TOO EXPENSIVE
Many people hear the word “lawyer” and assume an attorney is out of their price range. In actuality, hiring a lawyer in this case is much more affordable than you think. Car wreck attorneys charge on a contingency fee basis. This means they are not paid upfront. Rather, they are paid by receiving a percentage of the insurance settlement or verdict. This percentage is agreed upon when you hire the attorney, and if you do not receive compensation in your case, he or she does not get paid either.
YOU DO NOT NEED LEGAL REPRESENTATION
No matter how straightforward your situation seems, seeking legal representation is in your best interest. An experienced car accident lawyer can guide you through the process of filing an insurance claim, pursuing a fair settlement ,or taking your case to court if necessary to fight for just compensation.
A car wreck lawyer is extremely helpful in valuing a claim, so you are fairly compensated for your losses. Insurance companies do not necessarily offer fair settlements while an attorney would take into account all aspects to determine the right amount of compensation to try to make you whole again.
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.
