Our Procedure for Handling Motor Vehicle Accident
In all cases, no matter how severe, the process of handling a motor vehicle personal injury claim is fairly simple.
How Having a Motor Vehicle Accident Attorney Benefits You
- We look at who is responsible for the injuries. If someone else caused the collision by being negligent (or on purpose), then they should be responsible for the injuries.
- Next, we look to see who can pay for the injuries (the cost of medical care, lost wages and pain and suffering), like the insurance company for the person who caused the injury.
- While we do this investigation, our client gets whatever treatment they need, by whatever means they can. Most of our clients have health insurance, and they bill their treatment to their health insurance. Where our clients do not have the means to pay for their treatment, our office can help find a doctor or chiropractor who will provide treatment if we agree to make sure they get paid later. This is called "treating on a lien."
- Once our client is finished with treatment, we gather all of the medical records and bills and present a "demand" for payment by the insurance company for the person who hurt them.
- If the insurance company agrees, then we settle the personal injury claim by accepting payment. This settlement is shared by us and our client. Usually, we charge 1/3 of the amount the insurance company agrees to pay. Our clients receive 2/3 of the settlement to pay for their medical bills and to compensate them for lost wages and pain and suffering.
- If the insurance company does not agree to pay for the injury or does not agree to pay enough, then we discuss the possibility of filing a lawsuit against the defendant and their insurance company.
The process outlined above is simple. And you may feel like you can handle the process without having to pay an attorney. But many things can go wrong if mistakes are made during the process. Here are just a few of them:
- If your injuries are severe and there is not enough insurance coverage with the person who caused the injuries, then a claim may be made against your own insurance company – if you have uninsured motorists' coverage. But if you do not give your own insurance company adequate notice within a certain time frame, you may be barred by law from recovering anything from your uninsured motorist policy.
- If you use certain kinds of health insurance and then fail to repay your health insurance company, you could be subject to a lawsuit from your healthcare provider.
- You could settle for far less than you can get without being aware of it.
- You could be asked to sign a release or other document with consequences that you will later regret.
- You could be made a lowball settlement offer. Simply knowing that you have a personal injury attorney can prevent an insurance company from doing that.
- Who wants to negotiate with an insurance company when they are not feeling well? When you are injured, you need to be resting and concentrating on recovery instead. Let us be working for you during this important time.
These are not all of the things that can go wrong if you do not have an attorney working with you on your motor vehicle accident claim. If you want your personal injury claim handled the right
way, call us at Bob Law—The Law Offices of Benjamin O. Bengtson—today. Our number is 404-596-5518