
If you were involved in an automobile accident in which you sustained  injuries as a result of someone else’s negligence, you are entitled to  be compensated for your economic and non-economic damages.  Whether you  suffered minor injuries, such as a slight whiplash or cuts and bruises,  or more severe injuries, such as broken limbs, internal bleeding, severe  soft tissue sprains or strains, the at-fault driver has a  responsibility to make you financially whole and to put you back to  where you were before the accident occurred. This is true whether that  driver has auto insurance or not.  If he does not, you will likely have  to sue him for your damages.  If he has insurance, you, or your  attorney, will be working with a claims adjuster employed by his  insurance company, to try to obtain a settlement.  This may or may not  involve filing a lawsuit and going to court, depending on whether or not  you and your attorney see eye to eye with the insurance company on the  value of your insurance claim.
Evaluation of your  claim
How an adjuster evaluates an injury claim depends on  the company’s procedures, but in general, these are the criteria he or  she takes into account when determining how much money an injured  individual should receive to settle his or her claim:
•     Facts of the accident 
What happened, at what speed, where,  who was involved, were any laws broken, were the police called to the  scene, was anyone ticketed, etc., are the basic facts the adjuster will  consider.
•    Liability
Claims adjusters  must evaluate a claim for fault before offering any settlement.  If one  party is clearly liable and there is no question, it is not a difficult  issue.  But there are accidents where it is difficult to determine who  was responsible, such as those in an uncontrolled intersection, or a  left turn made in front of a speeding car entering the intersection.   Sometimes reconstruction experts need to be employed to evaluate the  accident scene, the damage to the cars, etc. in order to determine what  actually happened to figure out who was in the wrong. Sometimes it is  determined that both parties were negligent and fault may need to be  apportioned.
•    Extent of Injuries
The  adjuster will request certain information regarding your injuries so he  or she is able to determine how injured you really are.  They sometimes  look at injuries with a rather skeptical eye.  Since fraudulent claims  are fairly common, don’t take it personally.  Just provide what they are  asking for.  Usually they want a medical report from your physician  with a diagnosis and a prognosis for your recovery.  They want to know  what treatment and/or medication was prescribed and what the status of  that treatment is now.  Their experience helps them to determine if the  treatment was reasonable and necessary for your type of injuries.  They  may ask if your doctor told you to take time off from work.  This way  the adjuster gets a complete picture of the difficulties you are having  since the accident.
•    Expenses
This is  fairly simple.  How much did you spend on medical bills as a result of  the auto accident?  How much did you lose in wages? Any  other expenses?  You will need to provide documentation to support your  claim: copies of medical bills and statements, wage stubs, receipts for  medicines and other expenses.  One difficult item to prove may be how  much money you lost if you have your own business and you had to miss  work.  Sometimes a financial expert is required to help determine the  losses.  Then there is the damage to your property that needs to be  submitted, unless your own insurance pays for it.  If the at-fault  driver’s insurance will be paying, you will need to provide at least one  repair estimate; they will likely want to take a look at the vehicle  themselves if where, or to what extent the car is damaged will help  determine liability.
•    Other Factors
Sometimes  there are other factors involved that should be taken into account and  you might want to point them out to the adjuster who is evaluating your insurance claim.  For example, if you were caring for  young children or an elderly relative before the accident and now you  cannot, you may need to hire someone to do so.  If you were working in a  job requiring physical activity that you can no longer do either  temporarily or permanently, you’ll want to let them know.  If you can no  longer do housework and have to hire someone or your spouse has to take  time away from work to do that, tell them.  All of these factors affect  the value of your claim.
Once the adjuster has all of the  necessary documentation to evaluate your claim, it is really quite  subjective.  He or she will come up with a value range based on all the  information and make you an offer, likely from somewhere near the bottom  of their range.  There is no set formula, like 3 times the medical  bills, although many use that as a guide.  They do not expect you to  take their first offer; they expect you to negotiate.  If you have an  attorney, he or she will do the negotiating for you.  If you do not, you  are on your own.
Remember that insurance companies are not in  the business of spending a lot of money on claimants.  They want to  protect themselves and their bottom line, and not pay more than they  have to or than they believe is a fair amount.  But if you negotiate  wisely, you can get them to the top of their range and walk away  satisfied.  If you believe their range is too low, and your attorney agrees, it is time to go to court.
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