Car Accident Settlements and Car Insurance

Being involved in a car accident can be a stressful and overwhelming experience. In addition to dealing with injuries and vehicle damage, you will need to navigate the complexities of car insurance and settlement negotiations. Whether you live in New York or Florida, the laws governing car insurance and personal injury settlements vary and play an important role in determining the compensation you may be entitled to. The car accident lawyers at Friedland Law are here to guide you through this process, ensuring you recover a fair settlement.

What is a Car Accident Settlement?

A car accident settlement is an agreement between the injured party (you) and the at-fault party’s insurance company. This settlement typically involves compensation for medical bills, property damage, lost wages, pain and suffering, and other damages caused by the accident. Settlements can be reached without going to trial, although the negotiations often involve back-and-forth discussions between your attorney and the insurance company.

At Friedland Law, we understand the intricacies of car accident settlements in both New York and Florida and how local laws influence these cases.

How Does Car Insurance Affect a Settlement?

Car insurance plays a significant role in determining how much compensation you are entitled to after a car accident. The type of insurance coverage the at-fault driver has, as well as your own coverage, will impact the settlement process. Let’s dive into the different types of insurance coverage and the role of fault in settlements.

Types of Car Insurance Coverage

Understanding the different types of car insurance coverage is essential in determining the settlement amount you may receive. The main types of coverage include:

Liability Coverage

Liability coverage is mandatory in most states, including New York and Florida. It covers injuries or damages to another party if you are found at fault in an accident. In Florida, for example, drivers are required to have a minimum amount of liability coverage to cover bodily injury and property damage.

Collision Coverage

Collision coverage pays for damage to your vehicle resulting from a collision, regardless of who was at fault. While this is optional in most states, Florida law requires drivers to carry Personal Injury Protection (PIP), which may cover some collision-related damages. New York, on the other hand, follows a no-fault system where PIP can help cover injuries from collisions, but it does not directly cover vehicle damage.

Comprehensive Coverage

Comprehensive coverage provides protection for damages not caused by a collision, such as theft, vandalism, or weather-related damage. Like collision coverage, this is optional in both New York and Florida but can provide valuable protection.

Role of Fault in Insurance Claims

Car insurance settlements depend heavily on determining fault. In New York, a no-fault state, your own insurance is responsible for covering medical expenses, lost wages, and other economic damages, regardless of who caused the accident. However, if your injuries are severe, you can step outside the no-fault system and pursue a claim against the at-fault driver’s insurance.

In Florida, which is also a no-fault state, the same rules apply, but Florida’s PIP coverage will cover only a portion of your medical expenses. You can file a claim against the at-fault driver if your injuries meet certain severity thresholds.

No-Fault States vs. At-Fault States

The key difference between no-fault and at-fault states is who is responsible for covering damages. In no-fault states like New York and Florida, your own insurance will cover your injuries, and you will typically file a claim with your own insurance company first. In at-fault states, the responsible driver’s insurance company is liable for compensating the injured party.

Comparative Negligence

In some cases, both drivers may share fault for the accident. In this scenario, comparative negligence comes into play. Both New York and Florida use comparative negligence laws, meaning that if you are partially at fault, your compensation may be reduced in proportion to your degree of fault. For example, if you are found 20% at fault, your settlement could be reduced by 20%.

How is the Settlement Amount Determined?

Several factors influence the final settlement amount in a car accident case:

Factors Influencing Settlement Amounts

• Severity of injuries: More severe injuries typically lead to higher settlements.
• Damage to the vehicle: The cost to repair or replace your car is factored into the settlement.
• Lost wages: If you were unable to work due to your injuries, these lost wages will be included in your settlement.

Role of Insurance Adjusters

Insurance adjusters play a significant role in determining the amount of your settlement. After the accident, the adjuster will investigate the details of the crash, evaluate the damages, and offer a settlement amount. The adjuster’s goal is to minimize the insurance company’s payout.

Adjuster’s Investigation Process

The insurance adjuster will look at various factors, such as police reports, medical records, witness statements, and photos from the accident scene. They will also evaluate the severity of injuries and the overall damages.

Negotiating with Adjusters

Insurance companies often make initial offers that are much lower than what you may deserve. Friedland Law’s experienced car accident lawyers will help you negotiate with adjusters to ensure you receive fair compensation for all your losses.

What Are Common Challenges in Settlements?

Evidence Conflicting

If evidence from the scene, such as witness statements or police reports, contradicts your version of events, it can complicate the settlement process. Your attorney will help you gather and present the best possible evidence to support your claim.

Insurance Claim Denials

Insurance companies sometimes deny claims for various reasons, including:

• Lack of sufficient evidence
• Disputed liability
• Policy exclusions

If your claim is denied, you have the right to appeal the decision.

How to Negotiate a Better Settlement?

Importance of Evidence and Documentation

The key to negotiating a higher settlement is strong evidence. This includes:

• Medical records: Documenting the extent of your injuries.
• Repair estimates: Showing the cost of fixing or replacing your vehicle.

When to Involve a Lawyer

In complex cases, or if you’ve received a lowball offer, it’s wise to involve a lawyer early in the process. A Friedland Law car accident attorney can help you gather the necessary evidence, negotiate with adjusters, and fight for a fair settlement.

Timelines for Settling a Car Accident Claim

Statute of Limitations

In both New York and Florida, there are statutes of limitations that limit the time you can file a lawsuit after a car accident. Typically, you have three years from the date of the accident to file a claim in New York, and two years in Florida.

Typical Insurance Company Timelines

After filing a claim, the insurance company usually responds within 30 days. Settlement offers often come within 60 to 90 days, although this can vary depending on the complexity of the case.

Your Recovery Starts Here – Book a 100% Free Consultation!

At Friedland Law, our team of experienced car accident lawyers in New York and Florida is dedicated to helping you navigate the complex world of car insurance and settlement negotiations. If you’ve been involved in a car accident, we offer free consultations to discuss your case and ensure you get the compensation you deserve. Let us guide you through every step of the process and fight for your rights.