Car accident injuries can be as varied as they are numerous, ranging from minor cuts and bruises to serious injuries that can affect your life significantly. While the vast majority of injury claims settle before a trial, in most car accident injury cases, it is advised not to settle your injury claim quickly. However, certain circumstances may require you to take a different approach.
When To Settle Injury Claim Fast?
If you’ve sustained significant injuries, such as broken bones, a head injury, or paralysis, or if your loved one has died in the car accident and you’re pursuing a wrongful death claim, then it is highly recommended that you send a written demand that the other driver’s insurer pay you the insurance policy limits as early as possible. This demand should be sent as soon as you can after the accident.
Often, the other driver may have minimal insurance coverage. If that’s the case, and you have sustained significant injuries where there is at least some liability against the other driver, your claim is likely worth more than the other driver’s insurance policy limits. Under these circumstances, the other driver’s insurance company should pay out the insurance policy limits to you for your claim. This is about the only set of circumstances where it would be recommended to settle an injury claim quickly.
Why Settle Injury Claim Fast?
Insurance companies owe you a duty to act in good faith when handling your claim, and they also have a duty to protect their insured drivers from getting a judgment against them in excess of policy limits. So, if you have sustained significant injuries, send a demand in writing asking the other driver’s insurance company to make you an offer in the amount of their insured’s policy limits.
If the insurer offers you the policy limits, it would be wise to send them a proposed affidavit for their insured to sign confirming they have no other insurance applicable to the accident that would apply. You may be able to discover additional insurance to pursue. For instance, if the other driver was working and acting within the scope of their employment, their employer or their employer’s insurer may be responsible for paying out to you. Or there may be an umbrella policy that applies to your claim. So, obtain an affidavit confirming there is no additional insurance coverage to pursue before you settle for the policy limits.
Additional Steps To Consider
After you’ve been offered the policy limits, you might want to run an asset check on the other driver to see if they have any significant assets to pursue. Also, if you have underinsured motorist coverage on your automobile policy, ensure you follow the proper procedures to protect your underinsured motorist claim. In Kentucky, for example, this is known as the Coots procedure. Many other states have similar procedures that need to be followed.
If you don’t believe you have suffered serious injuries, but maybe just have suffered neck or back pain following an accident, your claim still likely has value and it is recommended that you still consult with an attorney about your claim. However, in many such cases, it doesn’t make sense to make a demand offer until you are either done treating or have reached maximum medical improvement because you won’t know the true value of your case until then.
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