Being involved in a car accident can be a terrifying and stressful ordeal. Even if your injuries seem minor at first, you may end up facing significant medical bills, lost wages, and other costs down the road. This leaves many accident victims wondering if they should file an injury claim against the at-fault driver’s insurance. There are pros and cons to weigh when deciding if a car accident injury claim is right for your situation. This article will examine the key advantages and disadvantages so you can make an informed choice.
Pros Of Filing A Car Accident Injury Claim
Compensation For Damages
The top reason to file a car accident injury claim is to receive compensation for your losses. This includes reimbursement for medical treatment, damage to your vehicle, lost income from missed work, and other accident-related expenses. Without filing a claim, you would have to cover these costs out of pocket. Compensation can prevent financial hardship after an accident.
Pain And Suffering Damages
In addition to economic damages, you may be entitled to non-economic damages for your pain and suffering. This includes restitution for any discomfort and suffering you endured as a result of the mishap and your wounds. Pain and suffering damages are meant to make up for the discomfort and impact on your daily life. These would be very difficult to recover without filing a claim.
Hold Negligent Driver Accountable
Filing an injury claim places responsibility on the driver who caused the accident through their negligence. Their insurance company may investigate the claim and find their policyholder was at fault. This creates a record of their negligence. Filing a claim sends a message that their reckless driving has real consequences.
Cons Of Filing A Car Accident Injury Claim
Time And Effort
Pursuing a car accident injury claim takes significant time and effort. You’ll need to gather evidence, correspond with insurance adjusters, and document your damages. This is often an emotionally draining process. Some accident victims don’t want the added hassle and stress while trying to recover from their injuries.
Possibility Of A Lower Settlement
Insurance companies may try to dispute or minimize your claimed losses during settlement negotiations. This could result in a lower settlement than you had hoped for. Of course, you can always reject a low settlement offer and take the claim to court instead. But court cases require time and money.
Delays In Receiving Compensation
It typically takes weeks or months to receive compensation by settling an injury claim out of court. The claim process involves much back-and-forth with insurers. Even taking legal action could involve delays in waiting for court dates. For accident victims in immediate financial distress, these delays can be very difficult.
Risk Of Litigation
Most car accident claim against other driver settle out of court. However, insurers could deny your claim or make an unreasonably low offer. This may force your claim into litigation. Lawsuits require time and money, with no guarantee of winning. Even a successful case could take over a year to reach a resolution. The risk of litigation deters some people from pursuing injury claims.
To Wrap Up
There are convincing pros and cons on both sides of filing a car accident injury claim. The possibility of substantial compensation for your damages provides a strong incentive. Yet the claim process can also be drawn out and contentious. Take time to consider your specific circumstances and needs before deciding if you should pursue a claim or not. Consulting with an experienced personal injury attorney can also help you make this important decision.
