The party responsible for paying a car accident settlement typically depends on who was at fault for the accident. In California, the at-fault driver’s insurance company is usually responsible for paying the settlement.
However, in some cases, you may need to file a claim with your own insurance company to get a settlement. Multiple parties may also be involved in a crash, meaning multiple insurance companies may pay the settlement.
It’s rare for an accident settlement to be paid out-of-pocket by an at-fault driver. Instead, insurance handles it all. Working with a Los Angeles car accident lawyer can help you with the negotiations so you can get the most from your accident settlement.
How Do Insurance Companies Determine Settlement Amounts?
Insurance companies use several factors to calculate settlement amounts in car accident cases. They will review police reports and medical records to understand what happened and may perform their own investigations.
Unlike a lawyer for a victim, their goal is to pay the least they can without breaking the law. They will question the severity of your injuries, the costs of your damages, and whether their policyholder was at fault at all.
Fighting the insurers on your own to get a fair settlement is difficult, but working with an experienced attorney can make all the difference. A lawyer will work to bring you the most money possible. The more they can win for you, the more they get paid from their contingency percentage.
Who Pays the Settlement When the At-Fault Driver Is Uninsured or Underinsured?
If the at-fault driver is uninsured or doesn’t have enough coverage to pay for your damages, you have several options:
- Uninsured/Underinsured Motorist Coverage: If you have this coverage as part of your own policy, you can file a claim with your insurance company.
- Personal Assets: You may be able to pursue the at-fault driver’s personal assets, although this can be challenging if they have limited resources.
- Med-Pay or PIP Coverage: Your own insurance may cover some medical expenses regardless of fault.
- Other Insurance Policies: If you have health or homeowner’s insurance, these policies may cover some of your damages.
- Legal Action: In some cases, filing a lawsuit against the at-fault driver may be necessary to recover damages.
While it will make it harder to recover full compensation if the other driver is uninsured or underinsured, it’s not impossible. You won’t know for sure until you speak with a car accident lawyer.
What if I Share Fault in the Accident?
California uses a “pure comparative negligence” rule to divide fault in cases where multiple people share responsibility. Each person responsible for the accident will have a percentage of fault. That percentage will reduce any compensation they win.
For example, if you win $100,000 in damages but are 25% at fault, you will only receive $75,000. This rule can dramatically affect how much you can receive in compensation, so it’s best to have a lawyer help you show you had as little fault as possible.
The “pure” part means that you can collect damages even if you were the primary person at fault. You can be 99% at fault and still collect 1% of your damages.
Can I Negotiate My Own Settlement With the Insurance Company?
Yes, you can negotiate for payment of a settlement after a car accident on your own. However, it’s not recommended. Here’s why:
- Insurance companies have teams of experienced adjusters and lawyers working to minimize payouts.
- You may not be aware of all the damages you’re entitled to claim.
- Without legal knowledge, you might accept a settlement that’s far less than what your case is worth.
Working with an experienced car accident attorney can significantly improve your chances of receiving a fair settlement. At Omega Law Group, we have the knowledge and skills to negotiate effectively on your behalf to get you the most possible.
How Long Does It Take to Receive a Car Accident Settlement?
The timeline for receiving a car accident settlement can vary depending on:
- Case complexity: Simple cases may settle in a few months, while complex cases can take a year or more. Multiple or missing parties will draw out the timeline.
- Severity of injuries: If you’re still receiving medical treatment, it may take longer to determine the full extent of your damages. Most lawyers recommend waiting until you’ve recovered as much as possible before making your claim.
- Insurance company cooperation: Some insurance companies are more willing to negotiate quickly than others. Some will drag their feet to put financial pressure on victims.
- Legal proceedings: If a lawsuit is filed, the process will take longer. A lawsuit puts both sides on the court’s schedule, and the court may be busy for weeks or months with other cases.
While it’s natural to want a quick resolution, it’s important not to rush the process. Settling too early may result in inadequate compensation for your injuries and damages.
Have you been involved
in an accident?
(310) 526-8383
Get the Support You Need for Your Car Accident Settlement
Understanding who pays for a car accident settlement is just one piece of the settlement puzzle. If you know the other driver’s insurer owes you money, get legal advice on your case so you don’t leave money on the table. Contact Omega Law Group for a free consultation about your car accident.
