The days and weeks after a car accident can be overwhelming. From mounting medical bills and lost earnings to the confusing claims process, the financial burden can quickly take a toll.
Getting the compensation you deserve is essential, but the process is often more complicated than it seems. While you can take steps to improve your chances of receiving fair compensation, hiring an experienced car accident lawyer can significantly improve your chances.
Contact our Birmingham car accident lawyers today for a free, no-obligation consultation to discuss your case and legal options.
Steps to Getting Paid After a Car Crash
Here are some actions you can take to ensure you get paid after a car accident—and why having a skilled attorney by your side is crucial.
Step 1: Prioritize Your Health
Your health should always come first after a car accident. Even if you think you’re fine, seek medical attention immediately. Adrenaline from the crash may mask injuries, and conditions like internal bleeding or concussions can have delayed symptoms.
Visiting a doctor ensures your injuries are properly diagnosed and treated, reducing the risk of complications. Medical records from your visit serve as crucial evidence connecting your injuries to the accident. Without these, insurance companies might argue your injuries are unrelated or insignificant.
Follow all recommended treatments, attend follow-up appointments, and keep a detailed log of your symptoms, medications, and therapies. This information is critical when calculating damages for your claim.
If your injuries require extended care or rehabilitation, document those costs as well. Even minor injuries can add up over time, so don’t underestimate the importance of thorough medical documentation.
Step 2: Document the Accident Scene
Evidence collected at the accident scene lays the foundation for your claim. If you’re able, start documenting the moment it’s safe to do so. Use your smartphone to take clear, detailed photos of vehicle damage, road conditions, debris, and traffic signs. Include wide shots of the entire scene and close-ups of specific details.
Speak with witnesses, collect their contact information, and note their observations. Witness statements can corroborate your account and provide additional context.
A police report is another essential piece of evidence. When the responding officer arrives, provide factual details about the crash but avoid admitting fault. Request the report number and the officer’s contact information so you can obtain a copy later.
Thorough documentation strengthens your claim and helps counter any disputes from the other driver or their insurance company.
Step 3: Notify Your Insurance Company
Promptly notify your insurance provider about the accident. Most companies require accidents to be reported within a specific timeframe, even if you weren’t at fault. Failing to do so could result in claim denial.
When reporting, stick to the facts. Provide details about the time, location, and events leading up to the crash. Avoid speculating about fault or downplaying your injuries. Statements like “I’m fine” can be used to undermine your claim later.
Ask your insurance adjuster to explain the next steps in the claims process, including how to submit documentation. Keep copies of all correspondence, including emails and letters, to protect your interests.
Finally, be cautious during phone conversations, as adjusters may record calls or take notes to minimize your payout. Stay polite but firm, and consider seeking legal advice if you feel pressured.
Step 4: Understand Your Insurance Coverage
Before filing a claim, review your insurance policy to understand what’s covered. The type and amount of coverage you and the at-fault driver have will largely determine the outcome.
If you have liability insurance, it will pay for damages to the other party if you’re at fault. Collision coverage helps repair or replace your car, regardless of fault. For medical bills, MedPay or personal injury protection (PIP) coverage applies, depending on your policy and state laws.
Check if you have uninsured/underinsured motorist coverage, which compensates you if the other driver lacks sufficient insurance. Understanding these coverages ensures you take full advantage of the benefits you’re entitled to.
Keep a copy of your policy handy, and contact your agent if you need clarification. Consult a lawyer if you have concerns about your coverage.
Step 5: Consult an Attorney
The car accident claims process can be daunting, especially when dealing with insurance companies that often prioritize their bottom line over your recovery. Pursuing a claim for compensation alone can lead to costly mistakes, undervalued settlements, or outright denials. That’s why consulting an experienced car accident attorney is one of the most important steps you can take after a crash.
An attorney will act as your advocate, handling every aspect of your case so you don’t have to face the legal system alone. They will evaluate your claim, gather the necessary evidence, and calculate the full extent of your damages, including medical expenses, lost wages, and pain and suffering. With their knowledge of the law and experience in negotiation, they can push back against unfair settlement offers and insurance company tactics designed to minimize your payout.
Trying to manage your claim without professional help often results in overlooked damages, missed deadlines, or unknowingly accepting less than you deserve. An attorney ensures your rights are protected and your compensation reflects the true impact of the accident on your life.
By consulting a lawyer early in the process, you gain an ally who is dedicated to securing the best possible outcome for your claim.
Step 6: File a Claim Against the At-Fault Driver
When the other driver is at fault, filing a third-party claim with their insurance company is a critical step toward recovering damages. Your attorney will take the lead in managing this process, ensuring that every detail is handled professionally and efficiently.
Your attorney will notify the at-fault driver’s insurance company on your behalf, providing all necessary crash details. They will compile and submit comprehensive evidence, including the police report, photos of the scene, repair estimates, and medical bills. This evidence is essential to building a strong claim and demonstrating the full extent of your damages.
Throughout the investigation, the insurance company may request additional documentation or clarification. Your attorney will handle all communication, preventing you from making statements that could be misinterpreted or used to undermine your claim.
If the insurer disputes liability or offers a low settlement, your attorney will stand firm, negotiating on your behalf to secure fair compensation. They understand the tactics insurance companies use and will leverage their experience to protect your interests.
By entrusting this step to an experienced attorney, you can focus on your recovery while knowing your claim is in capable hands.
Step 7: Calculate Your Damages
Accurately determining the full extent of your damages is a critical step in seeking fair compensation after a car accident. An experienced lawyer will take the lead in this process, ensuring every loss—economic and non-economic—is carefully accounted for and supported by strong evidence.
Your lawyer will begin by calculating your economic damages, such as:
- Medical expenses: Including current and future treatment, surgeries, therapy, and medications.
- Vehicle repair or replacement costs: Using repair estimates or receipts.
- Lost wages: Documenting time missed from work and potential future earnings if your injuries affect your ability to work.
For non-economic damages, your lawyer will assess intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life. These are harder to quantify, but a skilled attorney will draw on their experience, legal precedents, and supporting evidence to maximize their value.
To support these calculations, your lawyer will compile medical records, pay stubs, and expert opinions. They may also suggest you keep a journal detailing your physical and emotional recovery, providing insight into the toll the accident has taken on your life.
By trusting your lawyer to handle this step, you can rest assured that no aspect of your damages will be overlooked or undervalued.
Step 8: Handle Settlement Offers Carefully
When an insurance company presents a settlement offer, it’s often far less than what your claim is worth. This is where having an experienced lawyer on your side becomes invaluable. Your lawyer will take the lead in carefully evaluating the offer and negotiating to ensure you receive the compensation you truly deserve.
Here’s how a lawyer will approach settlement offers:
- Comprehensive Review: Your lawyer will compare the settlement offer to the full scope of your documented damages, including medical bills, lost income, future medical needs, and non-economic losses like pain and suffering.
- Negotiation: If the offer is inadequate, your lawyer will negotiate with the insurance company using strong evidence and legal knowledge to push for a fairer amount. Attorneys are skilled in countering lowball tactics and presenting a compelling case for higher compensation.
- Protecting Your Future: Your lawyer will ensure the settlement accounts for any future costs, such as ongoing medical treatment or reduced earning capacity, to prevent you from facing unexpected financial burdens later.
Since accepting a settlement ends your claim, your lawyer will advise you when it’s time to sign. They’ll ensure that you only agree to a settlement that fully addresses your losses and reflects the true impact of the accident. With a lawyer managing this process, you can focus on your recovery while they fight for the maximum compensation you deserve.
Step 9: Prepare for the Possibility of a Lawsuit
If settlement negotiations fail, your lawyer will guide you through the next step: filing a lawsuit. While litigation is often a last resort, it can be necessary to secure fair compensation when the insurance company refuses to offer an adequate settlement.
Here’s how your lawyer will handle the process:
- Filing the Complaint: Your lawyer will draft and file a legal complaint that outlines your claims against the at-fault party. This document serves as the formal start of the lawsuit and specifies the damages you are seeking.
- Navigating the Discovery Phase: During discovery, your lawyer will gather evidence, request documents, and depose witnesses. They will also respond to the opposing party’s requests, ensuring your case remains strong and well-supported.
- Engaging in Mediation or Settlement Discussions: Even after a lawsuit is filed, many cases settle before going to trial. Your lawyer will represent your interests during mediation, using the lawsuit as leverage to push for a fair settlement.
- Representing You at Trial: If an agreement isn’t reached, your lawyer will present your case in court. They will use expert testimony, evidence, and legal arguments to advocate for the compensation you deserve.
While lawsuits can be time-consuming and complex, your lawyer will handle every aspect, allowing you to focus on your recovery. With skilled legal representation, you send a clear message that you are serious about pursuing justice, significantly increasing your chances of a successful outcome.
Step 10: Protect Your Claim
To strengthen your case, avoid mistakes that could undermine your claim. Always follow through with medical treatment and attend all appointments. Any gaps in care can be used to argue that your injuries aren’t serious.
Avoid discussing your case on social media. Even seemingly innocent posts can be taken out of context and used against you.
Pay attention to deadlines, as missing them can result in losing your right to compensation. Statutes of limitations vary by state and case type, so act promptly.
Stay organized by keeping all documents, evidence, and correspondence in one place. Staying proactive and informed ensures you build the strongest case possible.
How Long Will It Take to Get Paid?
The time it takes to receive compensation after a car accident depends on several factors, including the complexity of your case, the extent of your injuries, and whether a settlement can be reached outside of court. While it’s understandable to want a quick resolution, it’s important to prioritize a fair and accurate settlement over speed.
Factors that affect the timeline include:
- Severity of Injuries: Severe injuries often require extended medical treatment and recovery time. Your medical expenses and long-term care needs must be fully understood before calculating the value of your claim. Insurance companies are less likely to settle until your treatment is complete or your condition stabilizes.
- Liability Disputes: If fault for the accident is unclear or disputed, this can significantly delay the claims process. Insurance companies may require additional investigation, evidence, or expert testimony to determine liability.
- Insurance Company Negotiations: Insurance adjusters often aim to minimize payouts, which can lead to prolonged negotiations. It may take multiple rounds of offers and counteroffers before reaching an agreement that fully compensates you.
- Litigation: If a fair settlement cannot be reached, your case may go to court. Lawsuits typically take much longer than settlements, sometimes lasting months or even years.
Generally speaking, resolving a claim can take anywhere from a few weeks to a year or more depending on the specifics of your case.
Tips to Expedite the Process
Some ways you can help speed the claims process along include:
- Gather Comprehensive Evidence: Provide clear and thorough documentation of the accident, your injuries, and related expenses.
- Work With an Attorney: An experienced attorney can streamline the process by handling negotiations, gathering evidence, and ensuring deadlines are met.
- Be Patient and Persistent: While delays can be frustrating, rushing the process may result in an inadequate settlement.
While the timeline varies, understanding the factors involved and working with professionals can help you work through the process efficiently and achieve a fair outcome.
Your Path to Recovery
Getting paid after a car accident involves understanding insurance policies, gathering evidence, and negotiating settlements. The process can feel overwhelming, especially when you’re already dealing with physical and emotional recovery. However, with the right legal support, you can secure the compensation you deserve.
At Cory Watson Attorneys, we understand the challenges you face after a car accident. With more than 40 years of experience and a proven track record of results, we’re here to handle every step of the process, so you can focus on what matters most—your recovery.
Contact us today at (866) 615-9297 or through our online form for a free, no-obligation consultation. Let us fight for the justice and compensation you deserve.