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Settlement Offers

The settlement phase is the last phase of a traffic accident. The settlement offer comes only to those who's property was damaged and or to those who were injured, in the course of a traffic accident.

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We've been saying all along that knowledge is power.  During the settlement phase of your traffic accident is where the information pertaining to your accident and injuries are going to be what makes up the settlement figures you will be offered. If you didn't document your injuries, if you didn't collect the right information at the scene of your accident, if you didn't keep a daily diary pertaining to how you felt while you were injured, then expect a small settlement offer. The more information you have pertaining to your injuries and your damaged  property the higher the settlement offer.

What is this settlement phase  ... ?
Their agent wants me to sign off on my medical claims, should I do it ... ?
How long does the settlement phase last  ... ?
Can I handle this settlement phase without a lawyer ... ?
What information do I need to use to settle the case myself ... ?
What is a fair settlement ... ?
What is an out of court settlement... ?


 


 

 

What is this settlement phase ... ?

In it's truest sense, this is the final phase of your traffic accident. You will only be offered a settlement if you were injured in the traffic accident. If you were not injured in the traffic accident, there is no settlement phase. If you were injured, someone caused you pain and suffering as well as mental anguish. If you lost time from work, someone needs to make up for that lost time. Money is the only means used to compensate you for your loses. Your fighting for how much money it is going to take to settle your claims against the insurance company. That is the settlement phase in a nut shell. In most cases, the settlement phase starts right after the traffic accident and lasts until your injuries are healed and you've collected you settlement monies.

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The insurance company wants me to sign off on my medical claims, should I do it ... ?

NO. NO. NO. You sign nothing until your vehicle is repaired and all of your injuries are healed and you are feeling 100%. 
Until that moment happens, you sign nothing that has to do with your medical claims. Most insurance companies know that you are a little dazed and confused right after your traffic accident. They would like to take advantage of this and have you sign your rights away. Don't do it!

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How long does the settlement phase last ... ?

There is no set time table for the settlement phase. The settlement phase starts the moment right after impact and goes till you are ready to settle all of your claims. If you were hurt in the accident, this phase can take years to settle. Each case is different and no two people are alike in their wants and needs. Do not rush through this phase to get to the money. If you do, you will leave money on the table that should have gone in your pocket.

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Can I handle this settlement without a lawyer ... ?

Yes you can. There is no law that says you can't. However, if you didn't use our booklet after your accident, it is highly recommend that you don't handle your settlement yourself. Settlements are all about information. They're about gathering the right information and using it to your advantage at the right time. That's what a lawyer does best. Before you handle your settlement yourself, you need to know what information to use and when. If you 

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What information do I need to use to settle the case myself.. ?

Check out our Book Zone and go to where the handbook is located it contains most of the necessary information about the accident it also guides you on how to collect your medical evidence. In most cases this is all you will need to settle up with an insurance adjuster. It will allow you to present a complete picture of your accident and recovery. If you case is going to go to court to be settled then we suggest that you hire a Personal Injury Attorney to put the case together in legalese terms.   

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What is a fair settlement ... ?

This question has been asked by man for over a hundred years. The question is not a simple one to answer and there are a lot variables to consider. Here are some rough guidelines to follow:

There are 2 hard cost and 8 variables to consider when figuring out what your settlement is worth to you:


1) the cost to repair your vehicle and any other property
2) the cost to repair you.
3) the length of time it took for you to be completely healed
4) your past health care expense
5) your future health care expense (if any)
6) your physical pain and suffering (past)
7) your physical pain and suffering (future)
8) your mental pain and anguish (past)
9) your mental pain and anguish (future)
10) any physical impairment (past & future)


Here are 3 examples to give you a little insight to your settlement figures:

Example #1

$500 vehicle repair bill
$700 in medical bills
$1200 total cost


Breakdown: not much damage to the vehicle, not much damage to the occupant of vehicle, expect a small settlement figure of around 1.4 to 1.8 times your medical expenses, expect a settlement offer to range from $700 to $2160

Example #2

$2000 vehicle repair bill
$2500 medical bill
$4500 total cost


Breakdown: a serious traffic accident, accompanied by more server injuries, expect a larger settlement figure of around 1.9 to 2.4 times your medical expenses, expect a settlement offer to range from $2500 to $10,800

Example #3

$5000 vehicle repair bill
$8000 medical expenses
$13,000 total cost

Breakdown: this was a serious to life threatening accident, accompanied by more severe injuries and a longer recovery period, expect a settlement offer of 2.3 to 3 times you medical expenses, expect a settlement offer to range from $8,000 to $39,000.

As you can see the multiplier gets larger when the accident becomes more severe.
Don't expect a much larger multiplier than 3 for any type of traffic accident. The insurance industry is stingy with their money. If you need or want more than 3 times your medical bills, be prepared to tell your story in a court of law. One other point to know is this, you are limited to the amount of money you can recover due to the amount of insurance coverage the other driver has on his or her vehicle. If their insurance policy tops out at say $20,000.00 then that's all your going to get out of them. There isn't any set formula to what you can recover as a result from your traffic accident. Good Luck ....

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What is an out of court settlement ... ?

Simply put, it is any monetary offer made to you by an insurance company or their attorney to settle your claim against them, without going to court. Over 90% of all civil lawsuits, end up being settled out of court. It has become almost standard practice within the industry. Settlement offers will and can be offered to you at any time after the accident and right up to the point where the jury is about to read the verdict. Do not be offended by this, it's normal practice. 

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Lasted edited 04/10/2008