Misconceptions About the Car Accident Claims Process

Posted on behalf of James Lynch on September 6, 2019  in Car Accident News. Updated on February 24, 2022

misconceptions about car accident claims processFiling a car accident injury claim is not always a straightforward process. Many victims assume the claims process goes a certain way and are misinformed about the process and how it works. Unfortunately, following common misconceptions regarding the claims process could put you at a disadvantage and may hurt your chances of securing a fair settlement.

Below, our lawyers at Lynch Law Firm, PC clear up some of the misconceptions many car accident victims hold regarding the claims process. If you were injured in a car accident, do not risk mistakes due to misconceptions – contact us for a free, no obligation consultation today.

Compensation is Legally Guaranteed

There are no legal guarantees that you will receive compensation after being injured in a car accident. Even if it seems obvious the other driver is at fault for the incident, compensation is not cut and dry. The driver may be uninsured. The insurance company may claim you were partially responsible for the accident, or that your injuries are not as bad as you say. The insurance company’s main goal is to save money – they may deny your claim or misconstrue your words to assign fault to you and avoid a payout.

The Insurance Company Will Offer a Fair Settlement

As mentioned above, the insurance company is looking out to protect their best interests – not yours. Smaller settlements are in their best interest. Do not assume the insurance company is looking out for you.

This means you do not have to accept any settlement offer. It is common that the insurer offers a low initial settlement, which may not provide enough compensation for your damages. You have the right to negotiate and ask for more compensation.

A Police Report is Enough to Prove Fault

While it is important to call law enforcement after an accident so a police report is created, this is not the only piece of evidence needed to prove fault. The officer records the facts in the matter as he or she sees them, but there are many other types of information necessary to build a strong case, such as:

  • Witness testimony
  • Accident photos
  • Accident reconstruction
  • Surveillance videos
  • Weather, road and traffic conditions

Liability is Always Clear in Rear-End Accidents

Many mistakenly believe that rear-end accidents are always the fault of the rear driver. While this is most often the case, it is not always so. The driver in front could be responsible if a rear-end collision occurs due to his or her negligent actions, such as:

  • Speeding
  • Switching lanes at unsafe distances
  • Unnecessarily slamming their brakes

Hiring a Lawyer is Too Expensive

Many people hear the word “lawyer” and immediately see dollar signs, assuming hiring an attorney is way out of their price range. In actuality, hiring a lawyer in this case is much more affordable than you think.

Car accident attorneys typically charge on a contingency fee basis. This means they are not paid upfront. Rather, they are paid by receiving a percentage of the insurance settlement, or compensation awarded at trial. This percentage is agreed upon when you hire the attorney, and if you do not receive compensation in your case, he or she does not get paid either.

You Do Not Need Legal Representation

No matter how straightforward your situation seems, seeking legal representation is in your best interest. An experienced car accident lawyer can guide you through the process of filing an insurance claim, pursuing a fair settlement or taking your case to court if necessary to fight for just compensation.

A car accident lawyer is extremely helpful in valuing a claim, so you are fairly compensated for your losses. Insurance companies do not necessarily offer fair settlements while an attorney would take into account all aspects to determine the right amount of compensation to try to make you whole again.

Let Our Firm Represent Your Best Interests

Having a better understanding of the car accident claims process may increase your ability to secure a fair settlement for your injuries. Our New Jersey car accident attorneys will fight to safeguard your best interests and seek maximum compensation you need for your medical bills, lost wages and other losses.

Schedule a free, no obligation consultation to learn more about your rights as well as your legal options for pursuing compensation after a car accident. We charge no upfront fees and payment is only due if we recover compensation for you.

Call (800) 518-0508 today.

* Results may vary depending on your particular facts and legal circumstances.

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