You hear all the time that no two car accident cases are the same. So why is that? Well, the reason is that there are many factors that go into determining a claim. We’ll cover some of the variations that can cause claims to be different from one another.
1. Location.
It is important for someone to be involved in a motor vehicle collision because a jury may be selected there to hear your claim if you are forced to go to trial. As in most areas, some places are more conservative or have more conservative juries and others are more liberal. Jurisdiction does have an impact on any settlement or verdict, but it is not the only factor considered.
2. Type of accident.
There are several types of car accidents, for example, head-on collision, rear-end collision, t-bone collision, missed collision, and side-on collision. There may be some types of collisions that are not listed, but these are the usual suspects when it comes to car collisions. Depending on the nature of the collision, it will generally depend on the severity of the injuries.
3. Amount of insurance coverage available.
Some of the most serious injuries my company has seen have been linked to most underinsured drivers and subsequently the odds drop dramatically that there will ever be a recovery. When someone has insurance, the insurance company will provide protection up to the contracted amount. There are several policies, but the most important ones that are helpful when you are involved in a motor vehicle collision are; Liability, Uninsured Motorist, and Medical Payments Coverage.
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- liability insurance It’s the coverage you need if you’re at fault in a car accident. The insurance company will cover you up to the limit amount of the policy you purchase. The minimum policy limit amount in Georgia as of the date of this article is $25,000.00/$50,000.00. These limits translate to no more than $25,000.00 per person and no more than $50,000.00 per accident no matter how many people are injured.
- Uninsured motorist insurance It is insurance that protects you in the event that the at-fault driver has no insurance or does not have enough insurance. This is the most effective way to protect yourself against other drivers. You cannot control the way other drivers drive. You cannot prevent a drunk driver from drinking and getting behind the wheel, but you can try to reduce the impact it has on you and your family if the drunk driver decides to crash into your vehicle. It’s not much consolation, but the reality is that it’s the best way to proactively protect your family from financial ruin if an unfortunate serious auto collision occurs. Most insurance companies will allow you to purchase uninsured motorist coverage for the same amount as your liability coverage. If there’s one thing to take away from this article, it’s to go out and buy as much uninsured motorist coverage as you can afford. This coverage is optional coverage and you must apply if you want it.
- Medical payments insurance coverage is insurance that pays for medical care and prescriptions, as well as lost wages and other payments based on the medical coverage you need. Policy amounts generally range from $500 to $50,000.00. This insurance would serve as the primary insurance even before any health insurance you may have. It’s very affordable, and if you don’t have health insurance, it’s a good way to protect yourself against an unexpected car collision and the subsequent medical care you’ll have to pay for. This is also important because the number one complaint we have here is that the doctor wants $200.00 to see me and I can’t work because of my injuries “how am I going to pay for this?”. The short answer is medical payments coverage. This is optional coverage and you must apply if you want it.
4. Injuries caused by the car accident.
Insurance companies will not pay for what could have happened to you in a car accident, in fact, unless there is strong evidence that you will need surgery, then the insurance company may try not to pay for the surgery. The important thing to remember is to keep your options open when discussing your health care with your medical providers. If surgery is an option, don’t tell the doctor you don’t want it. The reason you shouldn’t say this is that you may want to have the surgery later. If you tell the doctor that under no conditions do I want surgery, he/she can write that down in the medical records that the insurance company will receive. They love to see that they won’t have to pay for surgery and they won’t do it if you insist you don’t want it. So it’s best to keep all your options open, you may not feel like you want surgery today, but in the future you may quickly change your mind, especially if the pain increases to the point where any surgery is better than the existing pain. .
5. Punitive circumstances.
By punitive circumstances I mean drunk driving, reckless driving, early texting and driving and various other behaviors that make the collision especially dangerous and preventable. With a punitive circumstance, there is a greater chance of success in your claim as long as your injuries are related and treatment is reasonable. The punitive aspects of a case can be the difference between a settlement and a trial.
6. Insurance company.
The fact is that there are certain insurance companies that will fight regardless of the circumstances and don’t care to appear fair and basically force the injured party to file a lawsuit if they want the medical bills paid. This is something we’ve seen more and more of late, which is unfortunate. A fair settlement benefits both parties involved in an auto accident claim, taking an aggressive stance to prolong a matter knowing that the majority will relent and benefit as a business.
To conclude, these six reasons are not the only ones, but they are the top six when it comes to determining the value of your claim and why you know someone you know had a similar claim but with very different results. Many times it will be one of these six or more reasons why your claim is valued differently.
If you ever have specific questions regarding your specific claim, you should contact a car accident lawyer in your area.