How To Settle A Car Accident Claim Without A Lawyer?

According to the 2023 American Driving Survey, drivers spend approximately 1 hour each day behind the wheel and travel nearly 30 miles each day. With all that time spent driving, it’s no wonder, then, that car accidents are one of the most common causes of personal injury across the United States. 

Even a minor fender-bender can cause a major headache and inconvenience. When a collision results in more substantial damage or injuries, the situation can become increasingly complicated. Is it possible to settle a car accident claim without a lawyer? How can it be done? 

The car accident attorneys at Sweeney Merrigan Personal Injury Lawyers have decades of experience in helping Boston accident victims win their car accident claims and recover the compensation they need and deserve. We understand that not everyone can or should hire a lawyer – that is why we want to offer some tips on how to settle a car accident claim without a lawyer. 

Why Some Choose to Settle Without a Lawyer

While many car accident cases benefit from the skill of a knowledgeable and experienced legal team, there are some situations where working with a lawyer is not necessary. This may be the case when the damages are minor and fault is not disputed. 

The damages are minor

Generally speaking, the more serious the injuries, the greater the damages are in a car accident case. For accidents that result in only property damage or solely minor injuries, such as scrapes and bruises, an attorney is often unnecessary. 

In these situations, it is usually in the insurance company’s best interests to pay out a fair settlement and avoid a lengthy claims process as well as potential litigation.

There is no dispute about fault

Massachusetts follows a modified comparative negligence system. That means a person can only recover compensation if he is less than 51 percent at fault for the accident. In addition, any compensation that he receives will be reduced by his percentage of fault. 

When it is clear that the other driver is completely at fault for the accident and the insurance company does not dispute this, the case becomes easier to handle. Cases where fault is shared or disputed can become complex and require the knowledge of an experienced lawyer. 

Even if you don’t believe that you need a lawyer, a free consultation can help you better understand the options available based on the details of your particular case. This can enable you to make an informed decision and give you a better idea of how to move forward and recover compensation. 

Important Steps in a Car Accident Claim

A car accident claim should follow these important steps:

1. Report the accident to the police. Massachusetts law requires an accident to be reported to the police within 5 days if it results in death or injury, or more than $1,000 in property damage to one of the vehicles or property.
2. Receive medical treatment promptly. Even if you don’t initially think your injuries are serious, see a doctor and get checked out. If your symptoms worsen or new ones develop, see a medical professional right away and explain what you’re experiencing. This starts a paper trail of medical evidence that can strengthen your claim.
3. File a claim with your insurance company. Contact your insurance company to file a claim, but be careful of giving a recorded statement, which might be used against you. Include essential information, such as the time and date of the crash and a copy of the police report.
4. Communicate with the adjustor. Once an adjustor has been assigned to your case, he or she will communicate with you and request information and evidence to support your claim. Make sure you understand the details of your insurance policy, which includes both your responsibilities and what is expected from the insurance company.
5. Review the settlement offer. Be cautious of settlement offers that are made shortly after the accident. These offers are often less than you are owed and are made before the full extent of your damages is understood. Before accepting an offer, make sure you understand all of the terms. 
6. Accept, negotiate, or reject the offer. Decide whether the offer is fair. If not, present a counter-offer and negotiate. If the insurance company does not budge and the settlement is unfair, you have the option of rejecting the offer and filing a lawsuit. 

Aspects of a Successful Car Accident Claim

In our years of experience handling car accident claims, we have learned some essential aspects of successful claims: they include a complete scope of damages, offer supporting evidence and documentation, and follow all applicable deadlines.

Complete scope of damages

It is important to understand that once you accept a settlement, you cannot later ask for more if your losses increase. That is why a successful car accident settlement will include a complete and comprehensive scope of damages. 

This should include all medical expenses, including what is projected for the future, in addition to lost wages, earning capacity, and non-economic losses as well.

Supporting evidence and documentation

In order to prove your case, sufficient supporting evidence and documentation are vital. Gathering evidence starts immediately after the accident – taking pictures of the vehicles, getting verbal or video testimony from eyewitnesses, and filing a police report with a description of the accident. 

Additional evidence, such as detailed medical reports and expert testimony, also serves to strengthen a case.

Following all applicable deadlines

To be successful, a car accident claim must follow all applicable deadlines. The statute of limitations depends on specific circumstances, but generally, there is a time limit of 3 years to file a case with the court. If deadlines aren’t followed, you may lose out on the opportunity to recover compensation for your losses. 

Sweeney Merrigan Is Ready to Help If You Need a Car Accident Lawyer

While there are some situations where it may not be necessary to work with a lawyer, there are others that require this. Some cases that benefit from the skillset of a lawyer include when the insurance company denies the claim or gives a lowball settlement offer, or the victim either sustained a permanent or serious injury or had at least $2000 in medical expenses. If any of this is true in your case, you may be able to pursue full compensation for your losses through a personal injury lawsuit. 

The attorneys at Sweeney Merrigan have over a century of combined experience in representing injured clients across Massachusetts. We understand what you are going through and are here to help. Call us today or contact us online for a free consultation and case review.