Did you know 90 percent of people settle car accident claim out of court? Some of the reasons why they settle their car accident case out of court are because it is faster, easier, inexpensive, and less risky.
If you do not want to endure the court proceedings, you can ask your car accident attorney about negotiating with the other party's lawyer to settle matters out of court. Here's how the out of court settlement negotiation process works:
Submitting a Demand Letter
Your car accident attorney can make a strong case by drafting and submitting a demand letter to the insurance company of the party at fault for the car accident following it up with negotiation proceedings with them.
Your attorney will draft a demand letter during the court settlement process. As the injured party, your demand letter will state all the relevant facts pertaining to the car accident case, the conditions surrounding the car accident, and the medical treatments you received due to the car accident.
Since the demand letter is crucial to helping you win the case against the other party, you should consult a car accident attorney in Kentucky with experience in drafting demand letters. To present a strong case to the insurance company of the party at fault outside court, you cannot risk drafting a demand letter yourself.
Your attorney has the expertise and knowledge to prepare a well-written demand letter. The demand letter usually contains the following facts about the car accident case:
· Narrates the events leading up to the car accident
· Gives an account of the events happening during the car accident
· Offers in-depth information of the medical treatments you received
· Lists down all the medical bills and income lost due to injuries received due to the car accident
· Requests for an amount of money, which is usually higher than the amount you would accept due to negotiations happening on the requested amount between you and the other party
Making the Initial Offer
The insurance company of the person at fault for the car accident will examine the initial offer. If your car accident attorney has sent more than one document with the demand letter, the insurance company will take their time to evaluate each document.
Next, the insurance company will present their offer to settle your car accident case out of court.
Usually, the initial offer is significantly lower than your expectations. Just as you presented them with a higher compensation amount, the insurance company is using the same strategy as you.
Your car accident attorney knows this beforehand and will most likely tell you not to accept the offer, but to decline it, as they can probably get you a higher compensation amount than the one presented before you.
Your attorney will draft a written reply to the initial offer, stating that their client has refused the offer and the reasons why it is unacceptable.
One of the reasons for your attorney advising you to reject the initial offer is that it may not cover your medical expenses. Since you need to choose what you say in your defense wisely, it is better to hire an attorney who knows how to phrase and write the response letter, both in a courteous and strongly worded manner while highlighting their client's main concerns stated in the demand letter you submitted.
You will then make a counter demand.
Your car accident attorney will recommend reducing your initial offer, but one that is more than the initial offer the insurance company made to you. For instance, your initial offer was $15,000. The insurance company offered you $5,000. Your attorney than countered their offer by asking for $12,000.
The court settlement process will continue for a while. Back and forth between your attorney and the insurance company will continue, until an agreement is reached on an offer between the two parties. To back up your offer, your attorney may also present the insurance company with a letter from your doctor along with pictures of your injuries, marks, scars, and more.
Accepting the Offer
With your attorney acting as a mediator to come to a resolution that will benefit you, the insurance company will likely make an offer that meets your requirements, to settle the car accident case outside of court.
Your attorney will submit a "release" letter signed by you to the insurance company and once they receive the signed letter, they will send you the check.
The "release" is a legal document, stating that you have accepted the insurance company's offer and will not be pursuing further legal action against them. For this reason, you need to be careful when accepting an offer, as you need to ensure that you have largely recovered from your injuries.
Once you sign the "release" letter, you cannot ask the insurance company to increase the amount, as you have still haven't fully recovered from your injuries.
Your car accident attorney will prevent you from making that mistake by advising you to accept an offer that benefits you. The final step in this out of court settlement process is for you to receive the check, which the insurance company will send to your car accident attorney who will then send it to you.
Settling a car accident case out of court for someone who is inexperienced can damage their case more than help. That is why, you should consider engaging the help of a seasoned car accident attorney from Christopher Jackson Law. You can get in touch with us at 859-261-1111 for a free consultation.