Obtaining a favorable settlement after a car accident is often a complicated, frustrating process. Allstate may undervalue your total damages and try to give you less than you need and deserve. They may also offer a low settlement quite quickly, and these initial settlements are often much less than the injured person needs.
To negotiate a settlement that adequately covers your costs, you will need to fully understand what you are asking for and what the insurance policy covers. You will need ample documentation of your expenses and losses. Lastly, you will need to be persistent and resist the pressure to accept a quick, insufficient offer.
Know Your Total Damages Before You Negotiate a Settlement With Allstate
Per CC Art. 2315, at-fault parties are required to compensate injured parties. A negligent driver may have caused your accident, but it is usually a driver’s insurance company that pays for damages.
Auto insurance companies are supposed to reimburse car accident victims for their losses. However, insurance companies often want to reduce the amount of money they pay out to car crash victims as much as possible. Before you begin negotiating, it is helpful to understand the types of damages to which you are entitled.
Physical Injuries
If you sustained broken bones, soft tissue injuries, head or back injuries, organ damage, or any other type of bodily injury in the crash, you will want to seek compensation for the medical expenses associated with the injuries, including bills related to:
- Emergency room treatment
- Ambulance transportation
- Hospital care
- Medication
- Rehabilitative care
- Medical devices such as crutches or a wheelchair
Property Damage
Your vehicle will likely need to be repaired after the crash. If your car needs to be replaced, your lawyer will make sure your settlement includes the actual cash value of the vehicle.
Kelly Blue Book is a helpful tool for finding out what your car, truck, van, or other vehicle is actually worth, but it may be helpful to get a professional valuation. Do not let Allstate undervalue your property damage costs.
Lost Income and Reduced Earning Capacity
If you had to miss work because of the accident, your attorney can calculate the wages you missed out on. You may still be entitled to compensation for lost income even if you took paid time off.
If your injuries led to a disability or a reduced ability to work that diminishes your earning capacity, you may be reimbursed for the difference between your pre-accident and post-accident earnings.
Pain and Suffering Damages
Many car accident victims suffer from non-financial consequences in addition to financial losses like vehicle repair and medical bills. Your attorney will include demands for personal suffering like:
- Physical pain
- Emotional distress
- Mental Anguish
- Lost enjoyment of life
- Disfigurement
- Loss of mobility
- Physical impairment
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientTips for Negotiating a Settlement with Allstate
Dealing with an insurance company like Allstate takes work. Here are some tips to follow that may increase your chance of a favorable settlement:
- Document everything. Make sure you keep medical bills, receipts, vehicle repair estimates, and all other documents related to your losses.
- Gather evidence. Take photographs of vehicle damage, injuries, and other property damage. Get contact information from witnesses. Save your dash camera footage.
- Do not give the insurance company a recorded statement. The insurance company will try to use this statement against you. Your attorney can guide you through an official statement that can’t be manipulated.
- Do not admit fault. Avoid apologizing for the accident or implying that it was your fault.
- Do not take the first offer from Allstate. Usually, the initial offer is inadequate and does not cover all your losses. If you accept an offer and later realize that your financial losses are greater than the settlement, you cannot go back and ask for more money.
- Do not let your emotions get the better of you. Being involved in a car crash is already stressful, and settlement negotiations may intensify your stress. However, it is best to remain calm and avoid making decisions based on emotion.
- Work with a lawyer. Personal injury lawyers know how to handle insurance companies like Allstate. Make sure you choose an attorney with experience in car accident settlement negotiations.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientOur Personal Injury Lawyers Can Help You Negotiate a Settlement with Allstate
Allstate is supposed to compensate car accident victims for damages. However, the company may try to settle for a lower amount than you need.
At Laborde Earles Injury Lawyers, we know how to fight for our clients’ right to a fair settlement. We will advocate for you and handle communications with the insurance company, so you do not have to. Call us today to learn more about how we can help you.