Accident Settlements for Car Accidents

A car accident settlement is a formal agreement that resolves your legal claims in exchange for a payment, and for most accident victims in Arizona, reaching a fair one is the most important financial decision they will make after a crash. The settlement process covers compensation for medical bills, lost wages, property damage, and the pain and suffering the accident has caused. In most cases, it unfolds through negotiations between attorneys and insurance companies, and the majority of claims are resolved without ever going to court.

Understanding how a car accident settlement works before you find yourself in the middle of one can make a meaningful difference in what you ultimately receive. The sections below walk through the key stages of the process, what to expect from each, and how to protect your claim from start to finish.

How Settlements Work 

The settlement process and negotiating fair compensation in the aftermath of a car accident can be stressful and overwhelming. Finding the best car accident lawyers, like Gage Mathers, can go a long way to reducing stress levels so you can focus on your recovery. We strive to get you the best possible settlement for your car accident.

Typically, the insurance company of the person responsible for the accident agrees to pay the person or people hurt. In return, the injured party agrees not to sue the driver personally.

The amount of money in the settlement will depend on the severity of the accident and the extent of the injuries. The goal is to resolve the matter fairly without additional worry or stress.

Understanding the Process

After a car accident, the parties involved in the crash, their lawyers, and their insurance companies start having conversations. They exchange details about the accident, injuries, and property damage. 

From there, negotiations begin. All parties go back and forth about settlement terms and how much money is a fair payout. Each side tries to get the best deal during this phase.

Once everyone agrees on a number, agreements are signed and the settlement is complete. This process isn’t always smooth sailing, though. In many cases, it requires legal assistance from a personal injury lawyer. 

Faults and Fees

How is fault determined in a car accident? Determining fault happens after piecing together what happened. This can be done by the drivers involved, police, insurance companies, arbitration, or a jury.

Investigations of the accident focus on traffic laws, witness statements, assessments of the crash site, and physical evidence like tire marks. Once it’s determined who’s at fault, that driver or their insurance usually pays damages based on the agreed-upon settlement. 

If you’re also wondering who pays attorney fees in an accident, many personal injury lawyers work on a contingency fee. This means they get paid only if they win your case. If they succeed, they take a percentage of the settlement.

Know Your Rights

Anyone involved in a car accident can seek compensation for their injuries and damages–but there’s a catch. A lawsuit must be filed within the statute of limitations, which is the timeframe in which you’re allowed to file a claim. The statute of limitations for a car accident can vary depending on where you live and where the accident happened.

Also, be aware of the legal concept of comparative negligence. This means even if you’re partially at fault, you might still get some money. However, the amount may be less than you expect. 

Negotiation Tactics

When negotiating a settlement after a car accident, there are a few tactics to keep in mind:

• Preparation is key. Organize all evidence and documents so they are easy to reference. This evidence can include medical bills, repair estimates, photos, or other relevant documentation.
• Be polite, but assertive. It’s important to approach the negotiation with a clear understanding of what you believe is fair compensation for your injuries and damages. 
• Listen carefully. Hear the other party out. Don’t shy away from compromise if it helps move the process along. 
• Hire a personal injury lawyer as your advocate. Negotiations can get heated and complicated. The expertise of an experienced attorney is valuable. 

No matter your process, the goal is the same. You want a solution that works for everyone so all parties involved can move forward and put the accident behind them.

Why Accepting a Settlement Offer Too Early Can Cost You

Insurance companies move quickly after an accident, and not because they’re trying to help you. Early settlement offers are often made before the full picture of your injuries has emerged, and before you or your doctors can accurately project what future care will cost. 

Accepting that offer closes your claim permanently. There is no going back to ask for more money if your condition worsens or if additional treatment turns out to be necessary.

Some injuries simply take time to reveal themselves. Soft tissue damage, herniated discs, and neurological symptoms can develop or intensify over days and weeks after a crash. If you accept a payment while those injuries are still unfolding, the compensation you receive is unlikely to reflect the actual cost of your recovery.

The size of an early offer is also rarely accidental. Insurers have experience evaluating claims, and a quick, seemingly reasonable number is often calculated to settle for less than the claim is actually worth. A personal injury attorney can assess whether an offer accurately reflects your medical expenses, your lost income, the long-term impact on your quality of life, and other damages you may be entitled to under Arizona law.

The straightforward guideline is this: before signing anything or accepting any payment related to your car accident settlement, speak with an attorney. A consultation costs nothing, and understanding the true value of your claim before agreeing to terms can be the difference between a settlement that covers your needs and one that leaves you short.

Let Gage Mathers Help

At Gage Mathers, we work tirelessly to ensure you’re adequately compensated for your car accident. We take pride in the great results we’ve achieved for our clients over the years. With a 99.9% proven success rate, we are not afraid to take on difficult cases that some lawyers may turn down!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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