There are certain easy steps anyone, even a caveman, can follow to give them a shot at a maximum payout in their car accident injury claim. In this guide, I will share with you this easy six-step process that can possibly help any car accident injury victim get the compensation they deserve.
To teach you this process, let me tell you the story of my past client, Kevin.
Kevin’s Story
The Accident
Kevin was involved in a two-vehicle car accident. He was driving his pickup truck on a two-lane road when the driver of the other vehicle, traveling in the opposite direction, came over into Kevin’s lane, struck Kevin’s vehicle, and knocked it into a ditch. After the accident, Kevin took out his phone and took photos of the scene. These photos were crucial because they helped us prove the other driver was at fault for the accident. The photographs showed the skid marks caused by Kevin’s truck when he braked to try to avoid the collision. It was clear from the photos that the skid marks were only in Kevin’s lane of travel, proving he never left his lane.
Step 1: Take Photos
Taking photos of the accident scene and the vehicles involved can help prove liability and show the severity of the accident. These photographs can be crucial evidence in your case.
Step 2: Track Down Witnesses
Track down any witnesses to the accident. Ask them what they saw and get their names and contact information. If possible, ask them to stick around to provide their version of the accident to the police.
Step 3: Notify the Police
Notify the police of the accident and give your version of how the accident occurred to the investigating police officer so they can document your version on the police report.
Kevin’s Medical Treatment
After the accident, Kevin focused on getting the medical treatment he needed. He sustained injuries to his neck, back, and right arm. He was transported by ambulance to the hospital, where diagnostic testing confirmed he did not sustain any broken bones. During his treatment, Kevin had an MRI on his low back, revealing three bulging discs. He concluded his chiropractic and pain management treatment just over four months following the accident.
Step 4: Get Medical Treatment
If you’ve been injured in a car accident, get all the necessary medical treatment for your injuries. This includes chiropractic or physical therapy treatment if recommended.
Step 5: Gather Medical Records and Bills
Once Kevin finished his treatment, we gathered all his medical records and bills for the medical treatment associated with his accident. If you miss time from work, make sure your doctor gives you an off-work note for time missed and get your employer to fill out a form verifying the amount of your lost wages.
Step 6: Send a Written Demand
After gathering all the evidence, I sent a written demand letter to the other driver’s insurance company’s adjuster, demanding they pay out their insured driver’s policy limits. Along with the demand letter, I included all the evidence supporting Kevin’s case, including the photographs, medical records, and bills. This initiates settlement negotiations.
Settlement Negotiations
In Kevin’s case, the insurance adjuster eventually made an initial offer of $42,000 to settle the case. I knew Kevin’s case had more value, so I negotiated back and forth for over a month until we were able to settle the claim for just under $60,000.
Summary of Steps
- Take photos of the scene and your injuries.
- Track down witnesses and get their contact information.
- Notify the police and give your version of the accident.
- Get all necessary medical treatment.
- Gather all medical records and bills.
- Send a written demand with all evidence to the insurance company, demanding they pay the policy limits.
Following these steps gives you a good chance of success in your car accident injury case, provided you are not at fault. However, every case is different, and some may require additional steps, such as hiring an accident reconstruction expert or filing a lawsuit if the insurance company makes a low settlement offer.
If you’ve followed these steps and still haven’t received a fair settlement offer, I recommend watching this video where I explain why you should never settle your injury claim for less.
Lastly, if you’ve been injured in Kentucky, remember: don’t wait, call Tate.
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