Car accidents can be very disruptive under the best of circumstances. This is particularly so when serious injuries result from the accident which then have a cascading effect on the lives of the injured person and his or family.
To make matters worse, the insurance companies are often anything but cooperative in providing for full and fair compensation for the injuries and other losses suffered as a result of the accident. This means both insurance companies, the other driver’s and you own.
Insurance Companies are Profit Driven
Make no mistake, insurance companies are driven by profit. Some insurance companies are purely driven by profit. This means that they are not in the business of simply paying out claims. In fact, there are some insurance companies that will do everything possible to avoid paying claims no matter how clear the liability, injuries and losses.
Even the good insurance companies that do take their responsibilities seriously will require proof of injures and other losses which are referred to as damages in a personal injury claim. There are numerous important steps in a car accident claim to make sure that the insurance company not only has everything it needs but also to clearly establish damages resulting from the car accident.
Pre-Litigation Settlement is Often Possible
If all the proper steps are taken, it is often possible to settle a car accident claim without the necessity of filing suit. In fact, if done correctly, this is more often than not the outcome.
Pre-litigation settlement means that each and every element of damages must be proven. Damages include past and future medical expense, loss of income, pain and suffering and a number of other types of losses.
For each claimed injury or other loss, the injured party must provider careful documentation. Along with the documentation, the injured person must show that these were tied to the accident. These two requirements can be and often are hotly disputed which is one very good reason to have an experienced personal injury attorney handle the claims.
Litigation is Necessary When Settlement Fails
It is not always possible to settle a claim prior to filing a lawsuit. This can occur for a number of reasons.
First, there may be legitimate points of disagreement. It may be that the insurance company just simply cannot grasp or accept the basis of for the claim.
Second, and somewhat related to the first, there are insurance adjusters that dispute everything. Thy just will not behave fairly or rationally. There is no point is discussing the case with these folks for too long. It is better to just file the lawsuit.
Finally, there is the matter of the statute of limitations. It is often the case that the claim is moving toward settlement, but the statute of deadlines comes up forcing the injured party to file the lawsuit to avoid losing his or her claim.
There are many variations on these themes which will require filing suit. As a result, the case should be treated from day one as if litigation will be necessary. If everything is done properly, all the preparation for settlement will transition very easily to litigation.
An Experienced Car Accident Attorney Can Help!
Each and every aspect of the claim can become very complex and contentious. It is highly advisable to have an experienced personal injury attorney on your side.
The Albuquerque attorneys at Collins & Collins, P.C. are highly experienced in auto accident claims. We can be reached at (505) 242-5958.