As lay people, we’re not trained to evaluate accident claims—adjusters are. But if you are handling your own insurance claim, you must become educated in evaluating such claims or you can easily be taken advantage of and not get the compensation to which you are entitled. Here are some guidelines that will help:
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Facts
Know the facts about your accident. Be consistent with your story, especially if the other party is saying something different. This will help you to be credible in the adjuster’s eyes.
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Liability
Whose fault was it? If it was clearly the other driver’s fault, liability probably won’t be an issue. However, if it was partially your fault, check out your state’s comparative or contributory negligence laws. In some states, your partial responsibility for the accident will bar you from recovering any money at all. In other states, you can get a percentage of your damages. CAUTION: When liability is not clear, or when it is shared, you would be wise to have an attorny, evaluate your case, give you advice, and/or handle the case to its conclusion.
Injuries
Were you injured? Document your injuries, treatment, prognosis for recovery, and temporary or permanent disability with copies of medical reports.
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Claimed Expenses
What expenses can you claim as a result of the accident? You will be required to lay out for the adjuster all of your medical expenses, including ambulance, emergency room, hospital, doctor visits, medicines, medical equipment, etc. Will you require future medical treatment? Get an estimate of future costs from your health care providers. Did you lose any income? You’ll need proof from your employer. What about other expenses, like transportation to your appointments or hiring home assistance such as a babysitter or a housekeeper? Did your spouse stay home to care for you and lose income as a result? CAUTION: The more complicated or difficult to prove your claimed expenses are, the more you should consider turning your case over to an attorney or getting some legal advice.
Special Factors
Are there any special factors that you would like the adjuster to consider that might make your claim worth more? Such things as your age, your occupation, the fact that you cared for your elderly parent and can no longer do that. Whatever your individual situation is, it might very well add value to your claim, so don’t keep quiet about it.
Damages
You are entitled to be compensated for your medical and other expenses (special damages) along with general damages, which includes money for pain and suffering. Even though adjusters will tell you there is no formula to figure out the value of pain and suffering, if you are doing this on your own, a good place to start is in the neighborhood of three to 5 times the special damages. CAUTION: If you are convinced your claim is worth much more, consult an attorney for advice on value.
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Negotiations
Be ready to negotiate! Don’t just roll over and take what the adjuster offers unless you truly think it is a fair offer. Otherwise, regard it as his opening bid and the ball is now in your court.
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