Do You Always Get a Settlement From a Car Accident?

If involved in a car accident caused by another person, many wonder if they will receive compensation for what they have lost. They may have heard stories of huge financial settlements after a crash and wonder if that could happen for them. Since every case is different, there is no way to guarantee that you will receive a settlement after your car accident. 

There are, however, many things that you can do to ensure you can achieve a successful resolution. Chief among them is hiring a competent personal injury attorney. We at Phillips & Associates know that your financial future is at risk after a car accident, and we want to help you secure the compensation you deserve. 

At Phillips Law Group, our personal injury lawyers have decades of experience practicing law in Arizona, spending all these years helping those who have been injured in car accidents or other ways. We are dedicated to fighting for your rights, and our team has recovered more than $1 billion for our clients. No matter where you are in the US, we want to help – call us today at (800) 706-3000 for a free consultation.

Reasons Why Your Settlement May Be Reduced or Denied

While guaranteed appropriate financial settlement for your car accident-related costs would be ideal, this is not the case, unfortunately. There are many reasons why settlement offers can be substantially less than you expect, or even completely nonexistent. Please note the following common situations that create problems when recovering compensation after an accident.

Liability

The question of who is at fault for the accident can have a big impact on your settlement results. The fault is usually initially determined by the police in their report, followed by a further review from insurance adjusters. If you are found to be even partially at fault for the collision, your payout could be negatively affected.

Arizona is a fault-based state, which means that the party determined to have caused the accident is responsible for the costs. Under the same set of legal rules, if both parties are covered by insurance policies, the settlement may be slightly easier to achieve. The insurance company of the at-fault person would be responsible for the payout of compensation for property damages and medical expenses of all parties involved in the crash. 

However, if it is determined that you share some liability, this process may not be as straightforward. At this point, you would want to have a lawyer to advise you on your best options for recovery. Often, that includes a personal injury lawsuit against the other party – and if applicable, their insurer. 

Uninsured drivers

All drivers are required to have liability insurance coverage, so it is natural that we assume the other driver who caused our accident must have insurance coverage as well. However, this is not always the case. In those circumstances, your likelihood of achieving a swift and successful settlement diminishes. 

Not all is lost, though! For example, if you carry uninsured motorist coverage along with your liability insurance, your own insurance company could cover a certain amount of property damage and medical bills if you are hit by an uninsured driver. 

If you do not carry this type of coverage, though, your next option is to file a personal injury lawsuit against the uninsured motorist. At this stage, your lawyer could advise you on your chances for recovery and provide details about possible settlements.

Time limits

In Arizona and California, the deadline for filing a personal injury lawsuit after a car accident is 2 years. The legal term for this time limit is the “statute of limitations.” This regulation dictates that any party involved in a car accident only has 2 years from the date of the accident in which to start legal proceedings. 

After your accident, you likely think you have plenty of time to resolve everything. However, building a case takes a substantial amount of time. All the negotiating with insurance companies, gathering of evidence, filing paperwork, and speaking to witnesses can delay the actual legal proceedings. 

So there is little time to lose. Your best course of action would be to contact a personal injury lawyer very soon after your accident, so not a moment is lost in our quest for a fair settlement on your behalf. 

How to Improve Your Chances of a Successful Settlement

While numerous factors can complicate your chances of a successful settlement, there are also several steps you can take to increase your chances. These may not guarantee that you get a settlement immediately. However, they can improve the likelihood of your recovery. 

When you speak to a lawyer at Phillips Law Group during your free consultation session, he or she may ask you whether you have already done these tasks. 

First things first, it is vital that you seek immediate medical attention after the car crash. Even if you do not think you sustained injuries, there could be conditions suppressed due to the adrenaline or hiding beneath the surface. Seeing a doctor as soon as possible helps to create a paper trail proving your injuries and related medical expenses. This evidence can be used when negotiating a settlement. 

Second, if possible, collect as much information as possible at the scene of the accident and in the immediate aftermath. Get the contact information for the other drivers or passersby. Take pictures of the vehicles and accident scene, and make sure to get a copy of the police accident report. 

Third, report the accident to your insurance company and begin the claims process. It is important that, if the other person’s insurance company tries to speak with you, you avoid admitting guilt or accepting responsibility for what happened. Even if the insurance company tries to immediately shut down your claim, you may have legal recourse.

Last but not least, consult with a personal injury attorney as soon as you can after your accident. A car accident lawyer can help to protect your rights and deal with the insurance adjusters on your behalf. The goal is always to ensure that you receive the compensation you deserve, either by an insurance settlement or a lawsuit. 

Phillips Law Group Can Help

According to the Arizona Department of Transportation, there were 121,345 motor vehicle crashes that left 51,633 people injured in 2021. It was also reported that poor judgment by drivers, such as speeding, reckless driving, or driving while impaired, was a leading factor in traffic fatalities. If you or your loved ones have been involved in an accident that left you with property damage, medical bills, and pain and suffering, please know there is hope. 

You don’t have to go through this alone. Come to Phillips Law Group. We know that a car crash and its aftermath can be overwhelming. For this reason, we can handle every aspect of the claims process on your behalf, leaving you free to focus on what is most important – your recovery. With our 26-year track record of more than 155,000 clients represented and more than $1 billion collected on their behalf, you would be leaving your case in safe hands.

Phillips & Associates wants to help car accident victims in Arizona, California, and nationwide to seek financial settlements for what they have suffered. We offer free consultations with no risk to you. Call today to speak to a legal professional about your case at (800) 706-3000.