If you are involved in a motor vehicle accident, you will likely be approached by an adjuster for the at-fault driver’s insurance company. They may ask you to give a statement or even offer you a settlement. In this situation, you may be wondering what you should do – and whether you should try to settle your own accident claim.

To settle your own accident claim, you will need to gather documentation of your injuries. This falls into what we like to call three buckets: medical expenses, lost wages, and pain and suffering. Once you add up your losses from these three buckets, you will have a better idea of whether the insurance adjuster is offering you a fair settlement.

At the Derrick Law Office, we pride ourselves on helping our clients get maximum compensation for their injuries. We use our experience and knowledge of South Carolina law to develop a strong compensation case. To learn more or to schedule a free consultation with a South Carolina car accident lawyer, reach out to our law firm today.

Can You Settle Your Own SC Car Accident Claim?

After a car accident, you might be approached by an adjuster for the at-fault party’s insurance company who wants to settle your case. You might be tempted to accept the offer or to try to negotiate a claim yourself. In some cases, this might work out well – but in other cases, it can lead to a settlement for far less than the value of your case.

For example, one of our clients – let’s call her Susie – came to our office after spending two and a half years trying to negotiate a settlement with the at-fault driver’s insurance company. She had suffered injuries in a car accident. Her doctors even recommended surgery – yet the insurer offered her $0 for her claim. In this situation, Susie needed a South Carolina personal injury lawyer to help her get the money that she deserved for her injuries.

Valuing Your Car Accident Case

It is possible to settle your own auto accident claim. However, to know if you’re getting fair compensation from the insurance company, you will need to understand what your case is actually worth. We value accident claims by breaking losses down into 3 buckets or categories: medical bills, lost wages, and pain and suffering. 

Bucket 1: Medical Expenses

The first category of losses that an accident victim will have is medical expenses. These costs are non-negotiable. The at-fault party is responsible for paying for your medical treatment for any injuries caused by the accident.

Importantly, these expenses don’t just include what you are paying out of pocket – like copays and deductibles. They included what you are actually being billed. For example, if you pay a $600 copay for an MRI that was billed at $30,000, then the number that should be included in your case valuation is $30,000 – not $600.

To prove your medical expenses, you will need to make a list of each and every cost associated with your accident injuries. You will also need to gather documentation of these expenses – such as invoices, bills, and explanations of benefits (EOBs). It isn’t enough to simply make a spreadsheet of your costs – you also need evidence to back up your claim.

Again: medical expenses are non-negotiable. If another driver caused your accident, then they are responsible for paying for your medical treatment.

Bucket 2: Lost Wages

If you are hurt in an accident, then you probably missed at least some work while recovering from your injuries. You may also continue to take time off of work to go to physical therapy, doctor’s appointments, and other treatments. Any wages that you lost as a result of the accident must be paid by the at-fault driver’s insurer.

Like medical expenses, lost wages are non-negotiable. You should also carefully document these losses. If you are a W2 employee, then your paystubs can be used to prove that you missed work. Importantly, even if you got paid for missed days (such as PTO or sick leave), it should still be counted for this “bucket.” This is one of the few times that you can essentially double dip on missing work.

If you are self-employed or an independent contractor, proving lost wages can be a little more complicated. However, you can still introduce evidence of contracts that you couldn’t fulfill or work that you missed. Tax documents like a 1099 can be used to prove these losses.

Bucket 3: Pain and Suffering

The final bucket of losses can broadly be referred to as pain and suffering. It includes other types of “emotional” losses, like trauma, loss of enjoyment of life, scarring, and disfigurement. These losses are negotiable and are a bit of a gray area because you can’t point to a pay stub or a medical bill to prove them. In legal terms, they are considered noneconomic damages.

That doesn’t mean that you can’t document these losses, however. You can make notes about things like the level of pain that you are experiencing and when it gets worse – for example, you might experience a lot of pain when going to the chiropractor. 

You can also include information on how your injuries have limited your life. This may sound silly, but it matters if you can’t do things like housework or even swing a golf club. Your doctor may also include notations on your limitations in their medical records.

Insurance companies often don’t recognize pain and suffering in the same way that they do medical expenses, property damages, or lost wages. This is the area where they will often try to undercut an accident claim – which is why it is so important that you understand the value of your case and stick to your guns…or hire an experienced South Carolina car accident attorney to represent you.

There is another category of compensation that may come into play in some cases – punitive damages. These damages are only available in some cases where the at-fault party acted intentionally or recklessly – such as a drunk driving accident. Your lawyer can help you understand your rights to punitive damages in these cases.

Settling Your Accident Case

The goal of the valuation exercise is to remove as much doubt as possible by figuring out what your case is actually worth. Once you have a good idea of the value of your case – combining medical expenses, lost wages, and pain and suffering – you will have a better idea of whether the insurance company’s settlement offer is fair. 

You should never let the insurance company tell you what they will pay you. Instead, you should determine what your case is worth and use that as a starting point. Having this number in mind also gives you a place to negotiate.

If the gap between your number and what the insurance company is offering is relatively small, then you can probably settle the claim on your own. However, if there is a substantial difference between their offer and what you believe your case is worth, then it might be time to call a lawyer.

For example, in Susie’s case, the insurance company offered $0 – even though she was hurt badly enough to require surgery. Our law firm was able to negotiate a $100,000 settlement, which was the full value of the at-fault driver’s policy. 

If you are unsure of how to value your case or simply want an expert opinion, then your best option is to schedule a free initial consultation with a South Carolina personal injury attorney. They will listen to your story, give you a ballpark estimate of the value of your case, and help you understand your rights and options for pursuing a legal claim.

Hurt in a Car Accident? Call Derrick Law Office for Help.

If you were injured in a motor vehicle accident, then the best way to get full compensation for your injuries is to work with a South Carolina car accident attorney. It may still be possible to negotiate a fair settlement on your own if you know how to value your case appropriately. If the insurance company refuses to offer a settlement that covers your losses, our law firm can fight for your right to maximum compensation.

Based in Simpsonville, the Derrick Law Office advocates for accident victims to help them get the money that they deserve for their injuries. We offer free consultations and never charge a fee unless we recover money for you. To learn more or to schedule a free initial appointment with a South Carolina car accident lawyer, give us a call at 864-531-7765 or fill out our online contact form.