How To Get More Money From A Car Accident Settlement?

If you have been in a car crash in Utah, and that too because of someone else’s careless driving, you can secure a fair personal injury settlement.

However, you need to understand the Utah insurance structure and fault laws that can turn the tables in your favor. It is also important to understand this because otherwise insurance adjusters mostly try to settle your case by paying as little as possible.

Fortunately, you have the legal right to receive fair compensation that can cover your medical bills, lost wages, pain, and emotional suffering after surviving an accident. Also, every case is unique, and it may include additional expenses in your settlement amount.

This guide covers exactly how to get more money from a car accident settlement as per Utah Code. So, keep reading before you settle too early.

What Determines the Value of a Car Accident Settlement?

A car injury settlement value depends on the following economic factors:

• Injury Severity

The severity of your injuries, medical costs, surgeries, post-surgery rehabilitation, and total duration of hospital stay primarily impact your car accident settlement.

Permanent disability or long-term pain overall raises your settlement claim, but it happens only in the worst-case scenario.

• Fault Liability

Utah requires every driver to carry Personal Injury Protection (PIP) coverage because it can pay you immediately without any fault determination.

Under Utah Code § 31A-22-309(1)(a), accident victims are restricted from suing the other driver in a personal injury lawsuit unless their injuries are severe and their medical expenses cross the $3,000 threshold.

• Evidence

When you file a personal injury lawsuit, you also need to have solid evidence to support your claim in court. It may include police reports, witness statements, and other documents required based on your accident severity.

• Lost Wages

Your missed time at work and your reduced capacity to work in the future also contribute to raising your overall personal injury settlement amount.

• Documentation

If you have filed a lawsuit, you need to prove the other driver’s fault in court. The proof that you can submit normally includes your medical records, prescriptions, medical bills, and a form filled out by your doctor and employer to verify injuries and lost wages.

7 Practical Tips To Maximize Your Car Accident Settlement

It can be really tricky to claim a fair settlement in the absence of a personal injury attorney. Utah requires strict adherence to specific recovery strategies and is an overall no-fault or comparative-fault state.

Still, here are 7 tips that can help you maximize your car accident settlement claim.

Tip #1. Get Medical Help

If you encounter a car accident, visit a doctor immediately to ensure your physical safety and document your injuries. Utah’s no-fault claim relies on your minimum $3000 coverage first.

This compensation will not only help cover some of your medical expenses but also avoid any time gaps that may work against you otherwise. After all, insurers often try to argue in court that injuries aren’t related to the accident.

Tip #2. Collect Evidence From Site

Ask your family or co-passenger to take photos of the damaged vehicle, road signs, skid marks, and other property damage that has resulted from the collision.

Report the accident to the police and request a copy of the official report because that’s mandatory if you were involved in a serious car accident.

Tip #3. Understand PIP Threshold

If you want to file a personal injury lawsuit and step out of Utah’s no-fault system and sue the other driver, your medical expenses should exceed $3000, or you must suffer from a serious injury defined by state law.

Therefore, keep a record of every accident-related medical bill and treatment expenses. It will help you document your injuries properly and ensure your eligibility.

Tip #4. Watch Out For Comparative Fault

Utah also follows a comparative negligence rule, which states that you can recover loss only if you are less than 50% at fault. Consequently, your share of fault will be deducted from your total payout.

For example, if you are qualified for $50,000 compensation but you were found 20% at fault. Your total compensation amount may be reduced by $10,000. However, it’s better not to admit your mistake or make statements that can be used against you or taken out of context.

Tip #5. Keep Medical Records

Save all your medical bills, surgeries, physical therapy and rehabilitation costs, estimated future treatment costs, diagnostic test results, and prescriptions to strengthen your claim.

Additionally, collecting vehicle repair bills and pay receipts that confirm your lost wages can help you secure a fair settlement in court.

Tip #6. Decline First Settlement Offer

Remember, initial insurance settlement offers are mostly low-ball figures. So, it is always better to wait a bit longer until you recover enough and have a prognosis report from your doctor.

This delay also prepares you mentally to get involved in negotiations and further legal procedures. It may also raise your compensation value, as your estimated future treatment costs will also add up.

Tip #7. Beware of Insurance Adjusters

Do not give any recorded statement to the insurance adjuster of the other driver without proper preparation or in the absence of your Utah accident attorney.

Your single comment like “I’m feeling fine” may go against you in court, as they may argue that your injury isn’t as serious as it was initially claimed.

Which Evidence Can Help Increase a Car Accident Settlement?

The following table covers the list of evidence that can help you increase your car accident settlement.

Conclusion

Getting fair compensation in Utah can be tricky because it is a no-fault state. Most car accident settlement claims are covered under your PIP insurance coverage.

However, the insurance adjusters try to settle for the lowest possible value by taking advantage of the ongoing financial burden on the victim.

But you can secure a fair settlement if you understand your legal rights, follow the above tips, and have an experienced attorney on your side.

If you feel confused about what you should do next after getting into a car wreck, you can contact Cockayne Law Firm and get a free legal consultation.

FAQs

What mistakes can cause an insurance company to lower my settlement offer?

Several mistakes can weaken your claim and reduce your settlement amount. The common mistakes include:

• Delaying medical treatment
• Failing to follow a doctor’s prescription.
• Giving a recorded statement without legal guidance
• Posting about the accident on social media.
• Accepting first settlement offers because of financial pressure.
• Failing to document your medical records and lost wages.

Should I accept the first settlement offer?

Not necessarily! The first settlement offers are mostly the lowest figures, and often they don’t even cover the total cost of your medical expenses, future treatment, surgeries, or post-surgery rehabilitation.

How do you negotiate a higher car accident settlement?

Understand the estimated full value of your compensation claim with the help of an attorney. It will help you make a confident decision and secure a well-supported settlement that not only covers your current medical expenses but also expected future treatment costs.

Can a lawyer negotiate a higher car accident settlement?

Definitely! A lawyer can negotiate your compensation claim with insurance adjusters on the basis of present evidence and respond to settlement offers. Also, he can file a personal injury lawsuit in court and help you receive a fair settlement.