Car Accident Settlement
Car accident settlements involve the at-fault party conceding liability, and the victim accepting money in order to release the at-fault party from further liability. If you've suffered injuries from a car accident, litigation funding can help assist you with a financial advance during your lawsuit.
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What To Do After A Car Accident?
First, make sure you stay at the scene of the accident. Leaving the scene of an accident is illegal. If anyone has injuries, call 911 or a local dispatch to get paramedics there as soon as possible.
Wondering what to do after a car accident? A car accident is something no one expects. Not surprisingly, most drivers aren’t sure what to do after a car accident and may feel uncertain if what steps to take next. However, taking the proper actions can protect your rights and increase the chances of receiving the maximum compensation for your injuries.
Protect the Scene and Get Help
It can be easy to forget what to do after a car accident in the heat of the moment. First, make sure you stay at the scene of the accident. Leaving the scene of an accident is illegal. If anyone has injuries, call 911 or a local dispatch to get paramedics there as soon as possible.
You will need to protect the scene and everyone in it, especially if it is dark outside. Vehicle hazard lights should be switched on, and road flare should be laid out on the ground. To protect individuals at the scene, as well as any oncoming traffic, vehicles should be moved out of the roadway. If vehicles cannot be moved, everyone should wait on the side of the road and not in lanes of traffic.
Call the Police
No matter the seriousness of the accident, it’s always a good idea to call the police. When the officers arrive on the scene, you will need to tell them precisely what happened to the best of your ability. Do not speculate or make guesses. All of your information will be recorded in the police report, which can be used later as evidence of a claim.
Gather Evidence at the Scene
Today’s technology allows individuals involved in an accident to take pictures and videos at the scene. If you can, take pictures of:
- The vehicles involved
- Any injuries
- The area around where the accident happened
- Any specific objects involved in the accident, such as trees or traffic light poles
- The condition of the roadways
Do not interfere with police investigations in order to take pictures. If you cannot do so at the time, make every attempt to take pictures and videos later.
You will also want to speak to any people who witnessed the accident and get their contact information. Your lawyer may want to use them as a witness if the case should go to trial.
Exchange Information with the Other Driver
The police officer who responds to your accident should facilitate the exchange of information. If there is no officer present, you will need to obtain the name, address, and phone number of the other driver and any passengers or pedestrians involved as well. It’s crucial that you exchange insurance information with the other driver by asking to see their insurance card.
Get Medical Care
Even if you do not believe yourself to be injured, it is still advisable to seek medical attention. Injuries are not always apparent right after the accident occurs, and many victims report that most of their pain does not present itself until two to three days later. You can go to an emergency room, urgent care, or even make an appointment with your doctor. Having records of your injuries can maximize the value of your insurance claim.
Hire a Car Accident Attorney
An attorney can provide further guidance on what to do after a car accident, especially regarding insurance and legal action. They can explain your rights and help you preserve valuable evidence. Generally, individuals involved in a car accident who hire legal counsel receive more money for their claim than those who do not. Most personal injury attorneys work on a contingency fee basis, meaning they don’t get paid until a settlement is received or the claim is won.
Unfortunately, the settlement process can take an extended period of time to resolve. In the meantime, you could be facing challenging financial times as you pay for medical treatment for your injuries, repairs to your vehicle, and possibly missing work if your injuries are severe enough. If this situation sounds familiar, you should learn more about pre-settlement claims.
Settlement Cases We Fund
How Car Accident Settlements Work?
If you are ever the victim of a car accident, you will likely suffer financial losses and even mental and emotional anguish. A settlement from the at-fault party's insurance company is meant to pay you for these damages.
You might have heard about car accident settlements, but you may not know how they work if you have never pursued one. At their most basic, settlements involve the at-fault party conceding liability, and the victim accepting money in order to release the at-fault party from further liability. If you are ever the victim of a car accident, you will likely suffer financial losses and even mental and emotional anguish. A settlement from the at-fault party’s insurance company is meant to pay you for these damages
The vast majority of car accident claims are settled instead of litigated in court. However, it is important to understand that car accident settlements typically go through drawn-out negotiations before both sides agree to terms. Even after the settlement has been reached, it can a significant amount of time before you actually receive compensation for your damages. Fortunately, USClaims may be able to help you bridge the gap with pre-settlement funding.
Here are some of the steps involved in the settlement process.
File Your Claim
In order to receive money from the at-fault driver’s insurance, you must first file a claim. Depending on the insurance company, you might do this online, through an app, or over the phone. Be prepared to provide pertinent information about the accident. In some cases, filing another claim with your own insurance company is also helpful and necessary. For example, in states that require Med Pay, those injured individuals will need to file a claim through their own medical payments policy.
After the insurance company receives your claim, they will begin their own investigation. They want to determine how and if their insured is liable, as well as the extent of your injuries. When they investigate your accident, they will use various pieces of evidence, such as the accident report, witness statements, and your medical records. In addition, they may monitor your social media accounts or even conduct surveillance if they suspect fraud.
While your case is pending, you should hire an attorney and complete your own investigation. Since insurance companies are incentivized to limit their payouts, it is helpful to have an attorney on your side who can objectively investigate what happened and determine the severity of your injuries. These two factors heavily impact car accident settlements when it comes to how much is offered and if the case will settle or move on to trial.
The Insurance Company’s Offer
When their investigation is complete, the insurance company will approve or deny your claim. If your claim is denied, the company believes its customer is not liable for your injuries. Denials are often based on technicalities. Make sure the insurance company provides you with a written explanation of the reasons for the denial, so your attorney can look over it to see if it should be challenged.
If your claim is approved, the company accepts liability on behalf of its insured and will tell you what they are willing to pay you for your damages. The compensation’s coverage can include:
- Pain and suffering
- Scarring and disfigurement
- Mental anguish
- Lost wages
- Medical bills
A car insurance company’s initial car accident settlement offer is frequently lower than the actual value of the case. Since the insurance company makes money by limiting their payouts, they seldom offer claimants an appropriate amount. As a victim, you can accept an initial offer or you can turn it down so your attorney can attempt to increase the offered amount. Several rounds of negotiating back and forth may occur before both sides come to an agreement.
If a settlement cannot be reached, mediation might be an option. During mediation, both sides meet with an objective third-party who acts as a mediator. This person can facilitate more discussion and negotiation. However, you are still not required to accept a settlement offer if you do not feel that it compensates you fairly for your losses. If you do agree to a car accident settlement offer, you will sign paperwork releasing the at-fault party from liability in return for compensation.
If you cannot reach a settlement agreement, you can file a lawsuit to pursue fair compensation for your injuries. Your case will go to trial, and a judge or jury will determine if you should receive compensation for your damages and, if so, how much. The court will enter a judgment for the at-fault party or their insurance company to pay what you were awarded.
Unless you are a personal injury lawyer, you are most likely unsure of how much to expect from a car accident settlement following an accident
Think You Have a Case?
Call us toll-free at (877) USClaims to speak with a friendly funding specialist today.
Car Accident Settlement Cases
In 2005 alone, there were nearly 6.4 million car accidents in the United States. Some 2.9 million people were injured and nearly 43,000 killed at a cost of more than $230 billion. On average, there is one death on America’s roads every 13 minutes, and not everybody has insurance.
Car accident claims settle much more often than they go to court for a number of reasons. Perhaps most importantly, settlements are more beneficial than litigation to all the parties involved and cover the same damages that a lawsuit would. Whether or not a settlement is right for your case will depend upon how the negotiations go and whether being offered enough compensation for the damages you sustained.
When a car accident claim is settled, the victim agrees to accept a specified amount of money in order to release the at-fault party from liability. Litigation, on the other hand, occurs when the defendant does not accept liability, forcing the victim to take the matter to court. It is imperative that you weigh your options before deciding which direction you want your case to go. Car accident settlement cases have many benefits over those that move on to a trial.
Common Causes Of Car Collisions
There are many reasons why a car accident may occur. Some of the common causes of car collisions include:
- Driving under the influence (DUI)
- Distracted driving
- Drowsy Driving
- Dangerous and defective roads
- Reckless and aggressive driving
- Wrong-way driving
- Vehicle defects
- Poor weather condition, such as ice or fog
The majority of accidents on the road are typically the result of negligence. As a result, this can lead to various types of car accidents on the road, including:
- ATV collisions
- Truck accidents
- Bus accidents
- Motorcycle accidents
- Broadside collision
- Sideswipe accidents
- Rear end accidents
- Rollover accidents
- Intersection accidents
- Parking lot accidents
- Pedestrian accidents
- Bicycle accidents
While car accidents are clearly common occurrences, not everybody is prepared to deal with the aftermath. You’re shaken up from the incident, likely without transportation and, unfortunately, injured. Some of the common types of injuries involving victims of an car accident may include:
- Head and TBI brain injuries
- Neck injuries such as whiplash
- Burn injuries
- Soft tissue injuries
- Spinal and back injuries
When severe injuries disabilities result, steep medical bills can follow, making it impossible for the victim to cover their living expenses as they deal with severe stress. Considering all those factors, not to mention criminal proceedings in some cases, a civil action surrounding an car accident claim can take time to reach fruition. We can help make things easier by providing the money you need to live while your car accident claim makes its way through the courts.
If you were in a car accident or sustained a personal injury in another way, pre-settlement loans can help you get back on your feet.
Can I Get an Advance on My Car Accident Settlement?
Yes. Generally, most applicants can receive about 10 percent of their expected settlement or value of their case. By conferring with your attorney, you can determine the most appropriate settlement funding for your case.
Being involved in an automobile collision can cause tremendous financial stress, leaving you to wonder if you can get an advance on a car accident settlement. Perhaps you have been unable to return to work due to your injuries, or maybe you have other accident-related expenses that are challenging you to make ends meet. While car accident settlements can take time to resolve, sometimes a year or longer. An advance on your car accident settlement can help you bridge the financial gap between your accident and receiving the compensation you need for your injuries.
How Do You Qualify for an Advance on Car Accident Settlement?
Like most claimants, you might be anxious to find out if you qualify for an advance on a car accident settlement. Qualifications include:
- You are involved in a personal injury lawsuit
- You were seriously injured in the car accident.
- Your lawsuit has robust merits against the at-fault party.
- You are being represented by an attorney on a contingency fee basis
Your lawsuit needs to be filed soon or already have been filed in the proper court of law. We will discuss your case with your car accident attorney to make sure we fully understand the details and can accurately determine how much your claim might be worth. We fund cases that we believe have a strong chance of success. To learn more about an advance on a car accident settlement, click here.
Can You Receive Pre-Settlement Funding If You Have Poor Credit?
Unlike traditional loans and forms of credit, pre-settlement funding does not rely on your credit score or report to determine your eligibility. Since we are repaid with your settlement proceeds, we do not consider your credit when making our determination. Your credit has no influence, whether good or bad, over your eligibility or the amount of pre-settlement funding for which you qualify.
How Much Pre-Settlement Funding Would You Receive?
The amount of funding a qualified plaintiff receives differs from one person to the next and depends on a few factors. These factors can include:
- The type and severity of the injury you sustained
- The evidence supporting your claim
- The circumstances of the accident
Generally, most applicants can receive about 10 percent of their expected settlement or value of their case. By conferring with your attorney, we can determine the most appropriate settlement funding for your case.
How Can You Use the Funds?
Pre-settlement funding does not have to be spent in any specific way. There are no restrictions on how you use the pre-settlement funding, nor do you need to prove how it was spent. We give you the freedom to use the funding as you see necessary. You can use it to pay everyday expenses, credit card bills, medical bills, business-related expenses, rent or mortgage, utilities, tuition, other bills you have fallen behind on after your accident, or whatever else you need to pay for at that time. Plaintiffs appreciate the flexibility in how they can utilize their funds to best meet their needs.
What Happens If You Lose Your Case?
Losing your case can be extremely discouraging and disheartening, and the last thing you want to worry about is paying back your funding when you are already under financial stress. We only use a non-recourse funding strategy. If you lose your case, you owe us nothing. Only if you breached the purchase agreement, committed fraud, or used false information to apply and obtain your pre-settlement funding would you have to pay any of it back should you not win the case.
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Settlement Funds vs. Loan On a Car Accident Settlement
Every car accident settlement where somebody is granted money, considers a few elements. This includes the seriousness of the injury, kind of clinical treatment, the length of recovery time, and conceivable long term impacts of the individual injuries.
Trying to make your ends meet while missing time at work after a car accident might have you researching getting a loan on a car accident settlement. Knowing that you may have to wait for months or even more than a year to obtain compensation may have you wondering how you will stay afloat financially. But before you sign on the dotted line for a loan on a car accident settlement, take the time to learn about pre-settlement funding and compare your options.
What You Should Know About a Loan on Car Accident Settlement
If you are struggling to make ends meet, a loan might seem like a good idea. They can be easy to obtain and meet your immediate financial needs. Before making any decisions, you should consider these facts before obtaining a loan:
Loans Require Repayment Even if You Don’t Win
What happens if you end up losing your case? You won’t have the money to pay the loan, but you will still be personally liable for the debt you took on. If you do not receive any compensation for your injuries and are having problems making ends meet as it is, how will you repay a loan? Unfortunately, loans are not forgiven if you are a plaintiff who loses their case.
Required Monthly Payments
Another issue to consider with loans is that they typically require monthly payments beginning the next month after you take out the loan. These required minimum payments can strain your budget if you are already struggling to make ends meet. If you fail to make a payment, you could face negative consequences such as reducing your credit score and collection actions.
You may not qualify for a loan on a car accident settlement. Most loans are approved based on factors like:
- Your credit history
- Your credit score
- Your employment status
- Your ability to repay the loan
- Your assets
The Benefits of Pre-Settlement Funding
If you compare the facts, the benefits of pre-settlement funding over a loan on a car accident settlement are clear.
You Pay Nothing Unless You Win
With pre-settlement funding, we take the risk. If your case does not result in a settlement or court award, you get to keep the funding and owe us nothing in return, a stark contrast to loans that still require the full amount to be paid. Your life can be stressful enough if you do not win your case; you don’t need the added stress of paying back a loan.
No Monthly Payments
Whereas loans require payments each month, pre-settlement funding does not. We do not burden you with monthly payments. If the funding’s purpose is to help you pay your bills, we don’t want to add another monthly expense to your budget. You receive your funding and do not owe us a penny until you receive your settlement or court award. At that time, your attorney will pay us from your proceeds, and you do not need to worry about the logistics of paying us for your funding.
Qualifying for Pre-Settlement Funding Is Easy
When you apply for pre-settlement funding, we do not check your credit report or even consider your employment or assets. Since pre-settlement funding is not a loan and is to be repaid from your injury compensation, there is no need for us to have such requirements. In order to qualify for pre-settlement funding, you must:
- Be represented by an attorney on a contingency basis
- Have a severe personal injury
- Have a solid case against the defendant
- Have filed your lawsuit or will soon be filing a lawsuit
It’s not uncommon for plaintiffs to need money to pay for bills and miscellaneous expenses before receiving the compensation. If you have decided that you need money between now and receiving your injury settlement or court award, weigh the pros and cons of your options carefully. You do not want to cause yourself any more financial stress.
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Car Accident Settlement Common Questions
When it comes to the car accident settlement process, many people are unsure as to whether their personal injury settlements are taxable and whether they need to report their settlements on their tax returns.. Generally, the answer is “no,” as lawmakers tend to believe that it poor public policy to tax the monetary compensation of an injured accident victim. However, there are certain exceptions that have been put in place by the Internal Revenue Service (IRS).