If you have been injured in an auto accident, your goal will be to obtain as large of a recovery as you possibly can. While this may seem simple, it can (and does) get complicated.
So, what are some of the issues that can complicate the process? Here are a handful of questions that you will want to answer as you work towards settling your auto accident claim.
5 Questions Raised in Settling Car Accident Cases:
1. Is there uninsured/underinsured motorist coverage?
In any car accident case, you will need to determine if there is UM coverage. If so, it can provide an additional layer of protection for you. This is especially true in instances where the other driver only has minimum liability limits, as is often the case, unfortunately.
2. Has the UM carrier consented to you settling your car accident case?
As a general rule, an insurance company will require you to release their insured before they will agree to settle with you. Though every UM policy is different, many of them require the UM carrier’s consent before you can settle the claim against the negligent driver. This requirement gives the UM carrier time to determine that there are no reasons why they should go after the negligent driver to get back money that they have or will have paid (ex. through a subrogation claim).
3. Have you obtained an affidavit of no other insurance?
The assurance needed by UM carrier can often be gained by securing an “affidavit of no other insurance” from the other driver. In other words, you have the other driver sign a legal documents verifying that he or she did not have a separate and applicable insurance policy and was not in the course and scope of any employment at the time of the accident. This affidavit will also let you know that there are no other individuals, insurance companies, or businesses that you should be bringing a claim against.
4. Have all of the outstanding medical bills and liens been paid?
If your medical bills have been paid by your insurance company or there is some other lien on your claim, you will want to make sure that these bills and liens have been satisfied. This protects you from running into a situation where an insurance company or medical provider attempts to recover your settlement proceeds after the case has settled.
5. Have you reviewed the terms of the release that the insurance company wants you to sign?
Generally speaking, the release provided by the insurance company will be boilerplate, but sometimes there will be provisions in it that you will want to change. You need to address these issues before signing the document. This is just another reason why it is always smart to be represented by an attorney when dealing with insurance companies.
Call a New Orleans Car Accident Attorney
If you have been injured in an auto accident or truck accident in Louisiana, The Mahone Firm is here to help. Call (504) 564-7342 to discuss your case with an injury attorney today. There is no charge for an initial consultation.