Your car accident claim can go in many different directions. It's important to understand how these different processes work so that you can make an informed decision about whether or not you want to proceed with one of them.
Here is a brief overview of some possible outcomes:
Denial by the Insurance Company
An insurance company may deny your claim. If a car accident is not your fault, you will have to prove it. The insurance company has its own set of rules and regulations that must be followed in a car accident claim. You may need to hire an attorney if an insurance company does not accept your case for some reason. They can partially blame you for the accident, shift the blame to a third party or offer some other invalid reason. If you don't have time or resources available to pursue legal action right away, there are other options available to help with your claim request:
- File a complaint with the insurance commissioner (ICC) if there were issues related to how your accident was handled by either party involved in it (i.e., claims to handle). The ICC will investigate these issues and make recommendations about how future accidents should be handled so everyone can benefit from them – including both parties involved.
Reject the Settlement Offer
If you reject the settlement offer, you can file a lawsuit against the at-fault driver.
If you accept it, however, and you cannot file a lawsuit (which would be referred to as “settling”), then your case will go away. You will have no further legal recourse against the at-fault driver.
File a Personal Injury Lawsuit
If you don't agree with the offer, you can reject it. If you choose to reject an offer and file a lawsuit against the person who caused your injuries, then the matter will be dealt with by the court. You have 90 days from when an accident happened (or 120 days if there was an injury) until you must file a lawsuit against the guilty party.
Claim is accepted
If the claim is accepted, you may be offered a settlement. If a settlement cannot be reached, your case will go to trial by jury. If it is determined that you are not at fault in the accident and liable for damages or injuries, then you are eligible for compensation through personal injury lawsuits. The type of case depends on how severe your injuries were and how much money was involved.
If there isn’t enough evidence available during discovery (the process where both parties exchange information), then the plaintiff must prove their case beyond a reasonable doubt before they can win their case against those responsible for causing harm.
Pay for the Damages
You are entitled to compensation for your injuries and vehicle damage. The person at fault will pay for the damages you have incurred as a result of their negligence, including:
- Medical bills related to your injuries.
- Repairs to your car, including any parts that were damaged during an accident.
- Lost wages due to not being able to work for an extended period because of injury or disability.
Trial by Jury
If you are involved in a car accident, a trial by jury will likely be necessary. A jury will decide if you are entitled to damages or not. The trial will be held in front of a judge and unbiased jury; however, either way, the lawyer for the defendant will try to prove that you were at fault and therefore deserve no compensation for your injuries.
The best thing about this type of case is that there isn't any time limit on how long it takes before determining whether or not someone should receive financial compensation for another person's actions.
Depending on the evidence and other vital information, any one of the above outcomes is applicable in your car accident process. However, to get the best possible outcome, it's advisable to hire an experienced attorney who knows the local courts and how to negotiate with insurance companies.