You can often use mediation to settle your car accident claim. This is a meeting where both sides try to come to an agreement without going to court. However, problems can come up. For instance, the insurance company might turn down your claim or give you a lot less money than your case is worth.
During mediation, a neutral third party, like a retired judge or a lawyer with a lot of experience, listens to both sides of the case. After hearing the facts, the mediator might suggest a way to end the disagreement or settle the case.
But the mediator doesn't make the final choice. For the suggested settlement to be binding, both sides must agree to it. Knowing how mediation works is important so you know what to expect and can protect your interests during the process.
If you were hurt in a car accident because someone else wasn't paying attention and you want to know what your options are for settling your case, like mediation or something else, call the Virginia Beach car accident lawyers at Shapiro, Washburn & Sharp to set up a free consultation.
What Should I Expect During Personal Injury Mediation?
Mediation is a less formal way to try to settle a car accident case. A neutral person or “mediator” helps both sides discuss what happened and try to reach an agreement. Instead of going straight to court, many injury lawyers try to settle the claim through mediation first.
If the two sides can't agree to mediation, the car accident case might go to court. If you know how mediation works and what to expect, it can help lower the chances that your case will end up in court.
The Insurance Company Will Deny Your Claim
Before agreeing to pay a settlement, insurance companies often look closely at claims and may argue about who is at fault or how much the damages are worth. Some common reasons that insurance companies give for not paying accident claims are:
- The other driver doesn't have active insurance because their policy has run out or been cancelled.
- The accident costs more than what the other driver's insurance will pay for.
- You don't have enough proof to show what happened or how badly you were hurt. You didn't get regular or consistent medical care after the accident.
When you go to mediation for a car accident, you need to have strong evidence to back up your claim. You should also make sure that you keep getting medical care without long gaps. Insurance companies often look for gaps in treatment. If you don't see a doctor for a while, they might say that you weren't really hurt or that your injuries weren't that bad.
You should also find out the other driver’s insurance policy limits so you know how much coverage is available. If your damages are higher than that amount, the insurance company usually will not pay more than the policy limit. Keep in mind that you can normally only recover up to the at-fault driver’s policy limits, unless there are other sources of coverage.
The Mediation Will Take Time
Car accident mediation often takes just a few hours or sometimes a full day. In some cases, it may take longer, depending on how complicated the case is. If you reach an agreement in mediation, you may receive your settlement money within a few weeks. If the case does not settle and goes to trial, the process can take much longer.
During the car accident mediation process, you will need to do the following:
- Both sides meet with the mediator, often in the same building but sometimes in separate rooms
- Each side explains what happened and presents their evidence
- The mediator looks at the strengths and weaknesses of both sides’ arguments
- The parties try to agree on a fair settlement based on the facts and the discussion
If you are moving forward with a car accident claim, you should gather all the important documents and complete any needed steps ahead of time, such as:
- Photos or videos from the accident scene
- Medical records and bills that show your injuries and treatment
- The other driver’s insurance policy information
- A copy of the demand letter you sent to the insurance company asking for payment
The Insurance Company May Make a Low Settlement Offer
The other driver’s insurance company will often start with a low settlement offer. It may seem like enough to cover your current bills, but it is usually not the full value of your claim. It is often wise to negotiate instead of accepting the first offer right away.
This is even more important if you have injuries that show up later. Some injuries do not cause pain right away. If you accept the first offer, you may not have enough money to cover medical bills for problems that appear days or weeks after the accident.
If the other driver’s negligence damaged your car, you should find out how much your vehicle is worth before asking for payment. Start by reviewing how the insurance company calculated the value of your car. You can also get an estimate from a mechanic you trust. It may help to contact two or three different mechanics so you can compare their estimates and make sure the value is fair.
To negotiate for the best possible outcome, you need to fully understand the facts of your case. Knowing what happened, how you were hurt, and how much your losses are worth can make a big difference. You can also contact a car accident attorney for help. A lawyer can gather the right evidence, support your claim, and handle the mediation process for you.
The Mediator Might Not Take Your Side
A mediator should be fair and neutral during a car accident mediation. They are not supposed to take sides. Instead, they listen to both parties and try to help them reach a fair settlement.
However, the mediator’s recommendation may only support you if the facts and evidence are on your side.
You Will Need To Compromise
In car accident mediation, both sides get a chance to explain what happened. Even if you were partly to blame, you might still be able to get money back. But usually, the amount you get will be less because you were partly to blame.
In Virginia, personal injury claims follow contributory negligence rules. This means that if you are determined to be even a wee bit at fault for the accident, you may not be able to recover damages.
You might also have to give in, especially if your losses are more than what the other driver's insurance will pay. You need to know how much insurance the driver who caused the accident has.
You might need to change your settlement demand if their policy limit is less than the total amount of damages you have.
How Can a Virginia Beach Car Accident Lawyer Help the Mediation Process?
A car accident case may settle in mediation, or it may move forward to court. Having a lawyer can make a big difference, help you understand the process, and protect your rights.
A lawyer will look over the details of your case and make sure they know exactly what happened. They can get the right papers and proof to back up your claim. A lawyer can also help you stay away from common mistakes that could hurt your case. They will speak with the other driver’s insurance company for you, negotiate a settlement, and represent you in court if the case ends up going that far.
Is Mediation a Good Idea for My Virginia Beach Car Accident Case?
Mediation can help reduce some of the stress that often comes after a car accident, especially while you are trying to recover from your injuries. Working with an experienced Virginia Beach car accident lawyer can help you feel more prepared and improve your chances of reaching a fair settlement.
If you are dealing with a personal injury legal dispute, talk with an attorney at Shapiro, Washburn & Sharp to find out if mediation may be a good option for you. In one recent case, the firm helped secure a settlement of $3.5 million through mediation for the family of a man who was killed in a truck accident.
To set up a free consultation, call (833) 997-1774 or fill out the contact form on the website. The firm has offices in Virginia Beach, Hampton, Portsmouth, and Norfolk.
