After a long day at work, you’re in your car stopped at a red light less than a mile from home. You’re wondering what’s going to be for dinner or who is going to take the kids to soccer practice when your body is jolted forward, snagged by your seat belt and flung violently back into your seat. Your contents of your backpack on the passenger seat is now scattered across the floor of the car. After a moment of confusion, you realize you’ve been in a car crash—a moment that may lead you to consider a car accident settlement to cover the costs of damages and injuries.
After Your Car Crash: What to Know About Car Accident Settlements
The police arrive and you exchange information with the individual who crashed into the back of your car. A headache comes on along with soreness in your back and neck, otherwise you feel okay. Exchanging information is an essential step if you decide to pursue a car accident settlement. You call your spouse who takes you home while your car is towed to the mechanic.
The next morning you awake feeling like you’ve been hit by a train. You’re stiff as a board, in pain and have a splitting headache. You see your doctor who takes x-rays, relieved to learn there are no broken bones, but you have some very sore, inflamed muscles. Situations like this highlight why taking the time to recover fully before considering a car accident settlement is essential. You’re given pain medication and told sessions of physical therapy will help.
A Call from the ‘Other’ Insurance Company About Your Car Accident Settlement
Then you get a call from a woman from the teenager’s insurance company. She sounds nice, empathetic for your situation and wishes you a speedy recovery and she has some ‘good news.’ She wants you to know the teenager was 100 percent at fault for the accident. The other insurance company wants to make things right and without delay. Not only is the insurance company going to pay to fix your car, they want to send you a check for a thousand dollars to compensate you for your sore neck and back, no questions asked.
This may sound like a good deal … but it is not.
That person from the insurance company may be sincerely concerned about you, but she has one thing in mind — to put an end to your injury claim quickly. By accepting the thousand-dollar check offer and signing the ‘Release’ that comes with it, you have effectively closed your case. You’ve forever closed out your injury claim before you’ve healed and before you or your doctor may have a full understanding of all your injuries suffered in this crash.
Take Your Time to Heal Before Finalizing a Car Accident Settlement
Diagnosing and treating injuries from car crashes can take weeks or months. Injury symptoms can wax and wane and sometimes a car crash victim cannot know for months whether their injuries will heal completely or will linger and eventually require complex medical treatment. The bottom line is a person injured in an auto accident never knows what the future is in store until all their symptoms – headaches, stiffness, pain, loss of range of movement – have ended and their doctor gives them a clean bill of health.
Understanding the Car Accident Settlement Process
- A car accident settlement resolves the claim between the victim and the insurance company, avoiding the need for a trial and saving time and costs.
- Typical stages of the settlement process include:
- Notifying the insurance company of the claim
- Investigation by the injured party’s attorney to determine liability.
- Collecting the medical records and bills, and reviewing them to determine if further medical support is needed in the case of a permanent or chronic injury.
- Contacting the doctor or other medical professional to clarify if the injury is permanent, whether it is expected to get worse or improve, and whether future medical care is anticipated.
- Reviewing insurance policies for coverage limits.
- Determining Health insurance/Medicare/Medicaid liens that need to be paid back.
- Sending a demand letter to the at-fault party’s insurer.
- Negotiations, which could lead to a settlement or, if unresolved, a trial.
- States like Wisconsin apply comparative fault rules, adjusting settlement values based on each party’s percentage of fault.
Understand the Statute of Limitations for Filing a Car Accident Settlement Claim
A law in the State of Wisconsin – called the Statute of Limitations – recognizes that a car crash victim may need many months or years before their injuries heal or their doctor determines they probably will never heal completely. That is why the Statute of Limitations in Wisconsin is three years. This means that a car crash victim has up to three years from the date of the crash to file a lawsuit for a car accident settlement.
When that person from the insurance company calls you soon after the car crash and offers to send you a check for your bodily injury claim, tell them ‘No thanks.’ Instead get the following:
- Their name, address and phone number
- The “claim number” they have assigned to you
Average Car Accident Settlement Amounts
- The average car accident settlement depends on factors like how strong the liability case is, the severity of injuries, property damage, and insurance policy limits.
- For non-injury accidents, settlements focus on property damage, with values adjusted based on fault. For example, if the damage totals $10,000 and the claimant is 20% at fault, they may receive $8,000.
- In injury cases, settlements also account for medical bills, lost wages, and non-economic damages like pain and suffering.
- It’s crucial to consult an attorney to evaluate whether a settlement offer aligns with the actual damages incurred.
Important Tips for Dealing with the ‘Other’ Insurance Company After a Car Crash
The person from the insurance company may contact you every few days or weeks to check up on the status of your injuries and medical treatment. The insurance company does need to set “reserves”, which is their way of estimating what they will be paying out. To do that, they need information on the treatment and healing, and it is acceptable to give them information on how you are doing. It is not acceptable to consent to a recorded statement, unless it is someone from your own insurance company, recorded statements are often an attempt to gather details that could impact your car accident settlement. You can respectfully tell them, ‘don’t record a statement, but I will give you the information to do your job, and will call you,’ when you’ve completed medical treatment and you’re healed up from your injuries.
Don’t fall for a ‘take it or leave it’ attitude when the insurance company offers you that check soon after the crash. If the crash was not your fault and your injuries are significant enough to require medical attention, you have a legitimate claim that has merit. Insurance companies will not ignore such claim, no matter when you, or your attorney, approach them to discuss a fair, reasonable settlement or your injury claim.
If you’ve been in a car crash that wasn’t your fault and suffered injuries that require medical attention, give the auto accident lawyers at Murphy & Prachthauser a call. We’ll be able to give you the advice and representation you deserve to receive that fair, reasonable settlement, and at the appropriate time. Don’t sell yourself short.
Submit a Free Case Evaluation Now
What Makes a Good Settlement Offer for a Car Accident?
- A good settlement offer should cover:
- Current and future medical bills.
- Lost wages or reduced earning capacity.
- Non-economic damages (e.g., pain and suffering), and Property damage.
- Offers made soon after an accident are often lowball offers designed to close claims quickly and benefit the insurance company. When these settlement offers are extended, a person may not know the true extent of their injury. It could be a chronic, life long problem, and once that settlement is accepted, there is no going back.
- Insurance companies are often combining a small payout $500 or $1,000 with a promise to pay up to $5,000 for medical bills that are accident related. $5,000 may sound like a lot, but a single MRI or CT can quickly consume much of that amount.
- These quick settlement offers also fail to deal with reimbursement claims from Medicare, BadgerCare, or Health Insurance. If Medicare is not reimbursed as required, they can and will deny payment for future care. Failing to reimburse BadgerCare can and will result in future benefits being denied. Some health plans, which have superior rights under federal law, may also deny payment for future care, if they are not properly reimbursed. The effect of these quick settlements may cause a lot of problems with getting future care.
- Consulting with a personal injury attorney ensures the offer reflects the true value of the claim and provides protection against signing away rights prematurely.
If you are still looking for the right lawyer for you, consider filling out a free case evaluation and talking with a personal injury attorney today. You’ll see the difference when you have the opportunity to talk directly with an expert Milwaukee personal injury lawyer who can guide you through your car accident settlement process.
At Murphy & Prachthauser we are car accident attorneys in Milwaukee and personal injury attorneys in Milwaukee who practice the law the way it should be practiced – motivated and equipped to do our best for you. We take pride in being good lawyers who help people.
If you have a case you would like to speak to a personal injury lawyer about, please contact us to schedule a free consultation and get an experienced Milwaukee auto accident attorneys and Milwaukee personal injury lawyers working on your behalf.
FAQs
Some law firms provide average case values for various types of injuries, stating, for example, that an average whiplash case might be worth $20,000, a concussion around $30,000, or knee and shoulder injuries between $30,000 and $100,000. They might also estimate the value of broken or fractured bones at $20,000 to $100,000, among other general ranges. While these figures may be mathematically accurate as average values, they are of limited utility when evaluating an individual case.
Settlement values are influenced by numerous factors. For instance, a simple foot injury might be a minor inconvenience for someone with a desk job but could result in significant work disruption for a delivery driver. Similarly, the presence of aggravating factors, such as a driver operating under the influence, can substantially increase a case’s settlement value.
Injuries affect people in unique and personal ways. Thus, it is crucial to consider the broader context of the incident and evaluate how the injury impacts the individual’s daily life. This includes examining its effect on their ability to work, manage responsibilities at home, and engage in recreational activities.
It is not merely the physical injury that determines the case value but also the extent to which the injury disrupts the person’s life and well-being. Addressing these factors ensures a more comprehensive and equitable evaluation of the case.
The time required to settle a car accident claim can vary widely, typically ranging from three months to three years. Several factors influence this timeline, including:
- How long it takes a person’s injuries to resolve or plateau.
- The complexity of liability determinations.
- The severity of damages and injuries.
- The insurance company’s willingness to negotiate a fair settlement.
- Whether the case proceeds to litigation.
In general, cases involving minor property damage or injuries tend to resolve more quickly, while those requiring extensive medical treatment or involving disputes over fault may take longer. Consulting an attorney ensures your claim is handled efficiently and aligns with average car accident settlement timelines.