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(314) 500-HURTAlthough a little counterintuitive, one of the mistakes people make is they do not try to settle small cases
themselves. Yes, do not trust the insurance company, and yes, get a good lawyer. But, if you have a small, clear
liability case and have an ER visit or an ER visit with a little primary care follow up, you likely do not need a
lawyer.
Here is what you should do if you want to try to resolve your own case. Be courteous and kind to the insurance claim
representative and advise them of what happened (but no recorded statement – they can take notes and it is not
complicated).
Tell them how you were rear ended or the other driver violated the light signal or why the other driver is at fault.
Most lawyers will tell you not to give a recorded statement and that is generally true.
However, if you have a small claim, you are uninjured, you are not going to get any medical records, and you want to
quickly handle it yourself – go ahead and give a simple recorded statement. It is not going to hurt you- just make
sure that you tell the agent that the other person was at fault and how they were at fault. Organize your thoughts
and write them down beforehand.
In trying to settle your case, provide all your medical records and bills to the insurance company. Provide to them
photos and any other material that is relevant. Have them pay the full price of the medical or the reduced price
that your insurance paid.
Do not let the defendant’s insurance get any benefit because your health insurance paid the medical.
This is a source collateral to the defendant and one that they should not get the advantage of. You are the one that
paid insurance premiums, so you get that benefit. Have the insurance company pay the full price of all the medical
bills that were paid–not necessarily what was billed, but what was paid–and then add a reasonable amount for your
pain and suffering.
Make sure your property damage, rental car, and any other charges are paid. If you have wage loss damages from
missing work, provide copies of pay stubs to show what you are making in the hours you missed. Advise them of any
miscellaneous damages like a broken phone or lost property.
If the insurance company is offering a quick and fair settlement in a relatively small injury case, settle it. But
make sure your entire medical treatment is completed and you are not going to get any worse or have any additional
medical treatment. You do not want to settle a case and need further unknown medical care or additional
uncompensated damage. I advise folks in such circumstances to add some for pain and suffering and settle their case.
A lawyer like me cannot add value to that case and you will put more money in your pocket without me and my fee.
In negotiating with the insurance company, be polite. Kill them with kindness and be sweet. Be professional,
non-argumentative and direct. Send things by paper or email and document your interactions. Follow up on matters and
don’t let things delay too long. Give reasonable time for claim representatives to review material, as you are not
their only claim, but then follow up in a courteous manner.
Establish a rapport and a goal to resolve and settle this claim with the claim representative. Don’t give outlandish
monetary demands. Once you settle the claim, you can sign a release which releases your rights. But read it
carefully and make sure you are not still injured and being undercompensated.
Make sure they pay your settlement. You want to make sure you are the only one on the check and they are not paying
your other medical providers. You also want to make sure they are not paying any other money to med pay or any other
“lien holders.” A lien holder is any person or entity that might have a legal claim or lien on the settlement monies
you are getting.
The cases where you should settle yourself are ones where fault is clear, you are not injured or if you were injured
your injuries have healed fully and relatively soon after the accident, and the amount of the total claim is
relatively low.
Remember you do not have to accept what the insurance company offers. You can negotiate higher. If the insurance
company starts saying they are not going to pay you adequately or that it is your fault or playing games with you,
that is the time where you want to talk to a lawyer. Never settle a claim at the scene of the accident or before you
know the full extent of what your damages are.
Remember that if the other driver doesn’t have insurance, you can still make an uninsured claim against your own
insurance company and get fully paid.
Bottom line, sometimes it make sense to just do it yourself. If you have a small claim, just follow these steps to
maximize your compensation without having to pay a lawyer like me!
Car accidents are awful, but it’s important to be prepared with knowledge. Fortunately, we’ve literally written the
book on how to handle a car crash!
Tell ya what, let me give you a
copy.
[wdac-book-form id=”27559″]
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
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