Using Evidence of Liability to Win Your Car Accident Insurance Settlement

In the United States each year insurance companies pay out hundreds of millions of dollars in car accident insurance settlements. If you've been injured in a car accident and decide to negotiate a settlement with the insurance company, you must first establish liability. Understanding the legal theory of liability and how it applies to your claim will help you win a substantial settlement.

Proof of a driver's negligence makes him liable for the damages he caused. Having enough evidence to prove that the at-fault driver's negligence was the direct and proximate cause of your injuries is crucial. Once you prove negligence, liability falls right into place.

• In no-fault states, establishing liability is required for you to be compensated for damage to your car and any personal property inside it.


• In contributory or comparative-fault states, establishing liability is required for you to be compensated for your property damage and your personal injuries.

Evidence of Liability

To prove liability, you need enough evidence showing the at-fault driver's negligence was the direct and proximate cause of your property damage and personal injuries. Solid evidence of the at-fault driver's negligence can also prevent any argument about contributory or comparative negligence on your part.

Having the right evidence at hand can be a big advantage in your car accident insurance settlement. Start with:

• The at-fault driver's insurance and contact information
  Phone numbers, addresses, policy number, license plate number, etc.


• Eyewitness contact information and statements
  Eyewitness testimony can be solid evidence of liability. Res-gestae (spontaneous) statements made by witnesses at the time of the accident can be exceptions to the heresay rule.


• Photographs of the scene of the accident
  Photographs of the car accident scene can be tangible proof of liability.


• Police report
  Police reports almost always include the officer's opinion of fault and liability as well as tickets issued to the at-fault driver.


• Weather report for day of accident
  Weather reports can help disprove the at-fault driver's contention weather played a role in the accident.


• Your detailed, written summary of the accident
  Writing a detailed account of the accident immediately after it happened can help preserve evidence of liability you might later forget or overlook.

Overview of Car Accident Insurance Claims

Settling a car accident claim with an insurance company is often a two-part process. Instead of having to deal with just one claims adjuster, you may have to deal with two. Many companies assign one adjuster to the property damage portion of a claim and another to the personal injury portion.

Property Damage

You'll speak with the property damage adjuster about estimates and payments for vehicle repairs and damage to any personal property in the car at the time of the accident.

In most cases, even if you've decided to retain an attorney for your personal injury claim, you can usually handle the property damage portion of the claim yourself. Doing so has several advantages:

• You'll need your car to get back and forth to work, doctors' offices, therapy appointments, etc. It may take several weeks from the time of the accident until you've retained an attorney. Waiting until your attorney gets involved with the property damage aspect of your claim can cost you time and money.


• Attorneys generally don't like dealing with property damage issues. Most prefer you handle that portion of your claim yourself. Their strength is in negotiating your injury compensation and their fee comes from the personal injury portion of your settlement, not from the property damage award.


• Property damage claims usually don't require much, if any negotiating. Estimates for car repairs generally are consistent among auto body shops. And if your car has to be in the shop for more than a day or so, the insurance company should approve a rental car.

Personal Injury

The personal injury portion of your claim isn't as simple as the property damage portion. You'll have to be prepared and do your homework if you've decided to negotiate this portion of the settlement yourself. You'll have to prove liability, the type of injuries you suffered and the amount of compensation that fairly represents your resulting damages.

Tips for Negotiating a Successful Settlement

Negotiating car accident insurance settlements requires an understanding of the entire claims process. The adjuster will possibly have hundreds of claims worth of experience under his belt. To compete you must gain as much insight into the process as possible.

Read through Injury Settlement Guide for an in-depth education of the injury claims process. Here are a few tips to get you started...

Read Your Insurance Policy

Know what's in an insurance policy. You can't effectively negotiate unless you know the limits and exclusions of a policy. The Declaration Page contains the policy limits - the maximum amount of money the insurance company will pay in the event of an accident. Those amounts cover personal injury and property damage.

If you're filing a claim against another driver, the insurance company will only compensate you up to the limits of his policy.

Notification

You'll never get to the settlement portion of your claim unless you've notified the insurance company and started the claim process. Whether you live in a no-fault state or not, you must notify your own insurance company and the at-fault driver's as soon as possible after an accident.

No-fault insurance covers your personal injuries under the personal injury protection (PIP) portion of your own policy. It doesn't cover damage to your car. Some no-fault insurance covers personal property damaged by your car such as fences, guardrails, and other property.

If you want the at-fault driver's insurance company to pay for any damage to your car and the personal property in it at the time of the accident, you must notify them. Otherwise you'll be paying for the repairs yourself.

Within minutes of reporting the accident the insurance company opens a file, issues a claim number and assigns it to a claims adjuster. The adjuster collects all evidence related to the accident, resulting liability and damages.

The adjuster will be fully in command of liability and damage issues by the time settlement negotiations begin. She's trained to defend her insured (the at-fault driver) and her job is to settle the claim for as little as possible.

You should prepare with the same diligence and commitment as the claims adjuster. Put some time and effort into collecting the evidence you need to prove liability and damages. To succeed in a car accident insurance settlement, you must have at your fingertips the same evidence as the claims adjuster.

Gathering Evidence of Liability

Start gathering evidence immediately after the accident. The more evidence you acquire, the better your chances of success. Open your own file and mark tabs for different types of evidence. For instance, one tab can be for the at-fault driver's insurance and contact information, another for eyewitness contact information and statements, another for the police report, etc.

Having easy access to that information during settlement negotiations will keep you on pace with the adjuster. You want every advantage possible.

Knowing the High and Low Numbers

There should be a high and low threshold of compensation a victim is prepared to accept in any settlement negotiation. Before negotiations begin, you must have these numbers in mind. The high end would be the ideal settlement - the highest amount you feel your claim is worth and would accept in a heartbeat.

The low end would be the lowest amount you feel is justified by the facts and the evidence. This is the drop dead figure you must have in mind. If the claims adjuster won't agree to at least that amount, you should be prepared to end negotiations, hire an attorney and file a lawsuit.