Understanding how to handle car accident claims and settlements offers can be confusing.
The accident is over, but the process of getting compensated has just begun.
While the crash itself may only take seconds, the aftermath can last for months — or even years.
Suddenly, you’re juggling medical bills, lost wages, insurance adjusters, and a whole lot of uncertainty.
What’s your case worth? How long will it take to get paid? And do you need a lawyer to get it done?
If you’re like most people, you’ve never filed a car accident claim before. You’re not alone. This guide breaks down everything you need to know about the claims and settlement process, from the first phone call to the final payout.
If you’re ready to discuss your case and find out how much your settlement might be worth, contact The Biker Lawyers for a free consultation today.
What Is a Car Accident Claim?
A car accident claim occurs when you request compensation for your damages after a crash. While the claim is submitted to the responsible insurance company, here’s the truth: your best shot at getting what you truly deserve starts with having an experienced lawyer on your side from the very beginning.
Insurance companies are experts at minimizing payouts, and without someone to protect your rights, you could leave money on the table. That’s why your first call after an accident should be to The Biker Lawyers. We’ll guide you through the entire process and ensure your claim is as strong as possible before it’s submitted.
Want to know if you should file a lawsuit or just negotiate with insurance? Contact The Biker Lawyers for a free consultation.
Injured and Fighting for a Fair Settlment?
Steps in the Claims Process
Starting a car accident claim can feel overwhelming, but the insurance claims process follows a fairly standard flow.
1. Call a Lawyer First
The claims process starts before you call the insurance company. The smartest first step? Contacting The Biker Lawyers. We’ll evaluate your case, gather the right evidence, and set the stage for a fair settlement. Skipping this step means you risk letting insurance companies control the narrative, which almost always results in significantly lower payouts.
Insurance Claim vs. Lawsuit: What’s the Difference?
- Insurance Claim: When a car accident happens, the insurance company for the responsible driver starts a claim. The insurance company will gather information and decide whether it should deny paying losses caused by the accident. The fact that a claim is opened does not protect your legal rights. After a limited amount of time, you lose your right to compensation if a lawsuit is not filed. When insurance companies do settle claims its usually in the very early stages, before people realize the full affects and reasonable value of their losses.
- Lawsuit: The only way to be sure your legal rights are protected is to file a lawsuit. Your case can still be settled after a lawsuit is filed, but if the insurance company refuses to pay a reasonable settlement the amount of your losses will be decided by a jury.
2. Starting the Claim
The claims process starts as soon as the insurance companies involved are informed of the accident. This step involves:
- Reporting the accident to your insurance company and the insurance company of the responsible driver.
- Submitting all necessary documentation (police reports, photos, and medical bills).
- Receiving a claim number, which you’ll use to track your case.
Pro Tip: The faster you notify the insurance companies the better. Reporting delays can give insurance companies a reason to deny your claim.
3. Filing a Lawsuit
Filing your car accident lawsuit protects your legal rights from expiring, and it puts the insurance company on a schedule of deadlines. This puts legal pressure on insurers and usually results in a much fairer settlement for your losses.
How do I know if I should start a car accident claim or file a lawsuit?
The process almost always starts with a “claim” by notifying the insurance companies of the accident. It is usually best to file the lawsuit early in the process. This puts the insurance companies on a schedule of deadlines, and limits their ability to drag their feet.
4. Negotiation and Settlement
This is where the real battle begins. Insurance adjusters will try to minimize your payout, offering a “lowball” settlement. Your lawyer’s role is to fight back. They’ll:
- Present evidence (medical records, accident reports, and witness statements).
- Send a demand letter outlining how much you deserve and why.
- Negotiate with the insurance company for a fair settlement.
Pro Tip: Never accept the first offer. Insurance companies intentionally offer less than your case is worth. Don’t try to handle settlement negotiations alone. Insurance companies aren’t on your side—but we are. With The Biker Lawyers in your corner, you’ll have an advocate who knows the tricks adjusters use and how to fight back.
5. Finalizing the Payout
Once we reach an agreement with the insurance company on your behalf, you’ll sign a settlement agreement. This document releases the insurer from any further liability in exchange for your payment. The settlement check is then sent to you or your lawyer.
Pro Tip: Not sure if you’re getting a fair offer? Don’t sign anything until you Contact The Biker Lawyers to review your settlement offer for free.
What Can Affect Your Settlement Amount?
Your settlement amount isn’t random. Insurance companies use various algorithms to try to tell a jury what your case is worth. In reality, each case is unique. This means a lawyer will need to dive in to figure out exactly what it takes to bring you justice. Generally, the settlement value is calculated using several key factors:
1. Injury Severity
More severe injuries typically lead to higher settlements. A minor bruise isn’t worth as much as a herniated disc or traumatic brain injury. The more severe the injury, the higher the payout.
2. Medical Expenses
If your medical bills are substantial, your settlement should reflect that.
3. Loss of Wages and Earning Capacity
If your injuries prevent you from working, you may be able to recover the wages you’ve lost. If you’re unable to work in the future due to disability, you can also claim lost earning capacity.
4. Pain and suffering – loss of quality of life caused by the accident.
5. Disability – the loss of physical/mental function caused by the crash.
Injured? You don’t just need legal help. You Need The Biker Lawyers.
Call (319) 294-4424 for a free consultation or click below.
How Long Does a Car Accident Settlement Take?
The timeline for settling a claim can range from a few months to several years, depending on many factors. Among those factors are the following:
- Injury Type: Less serious injuries tend to heal quickly, meaning your case may be ready for settlement within weeks or months of your accident. With more serious injuries treatment takes place over many months or even years. When medical treatment is active and ongoing, it is usually best to let the treatment play out before trying to settle.
- Insurance Available: It is an unfortunate reality that in many cases the insurance available is not enough to pay for the injured person’s losses. These cases tend to settle quickly. When there is more than enough insurance to cover the losses, insurance companies dig in and fight. These cases take longer.
- Liability Disputes: If there’s a question of who was at fault, the claim will take longer to resolve.
- Insurance Company Delays: Insurers often drag their feet, hoping you’ll get desperate and settle for less.
If you’re tired of waiting for an offer, call The Biker Lawyers. We can speed up your case and push for a fair settlement.
How Lawyers Maximize Your Settlement
If you’re wondering how to maximize your car accident settlement, a lawyer is your best bet. Here’s how they help:
1. Gathering Evidence
Lawyers collect critical evidence to strengthen your claim, including:
- Police reports
- Medical records
- Witness statements
- Accident reconstruction reports
2. Negotiating With Insurers
Lawyers know all the tricks that insurance adjusters use to lowball you. They push back with hard evidence, demand letters, and legal pressure.
- Filing a Lawsuit
Filing your car accident lawsuit protects your legal rights from expiring, and it puts the insurance company on a schedule of deadlines. This puts legal pressure on insurers and usually results in a much fairer settlement for your losses.
Car Accident Claims - FAQs
Click the (+) on any of the questions below.How do I know if I should start a car accident claim or file a lawsuit?
The process almost always starts with a “claim” by notifying the insurance companies of the accident. It is usually best to file the lawsuit early in the process. This puts the insurance companies on a schedule of deadlines, and limits their ability to drag their feet.
How long does it take to settle a car accident claim?
The time it takes depends on injury severity, liability disputes, and insurance company delays. Some cases settle in weeks, while others can take years.
What is a demand letter in a car accident claim?
A demand letter is a formal document sent to the insurance company, outlining your case and the settlement amount you’re seeking.
What's the Difference Between an Insurance Claim and a Lawsuit?
Insurance Claim: When a car accident happens, the insurance company for the responsible driver starts a claim. The insurance company will gather information and decide whether it should deny paying losses caused by the accident. The fact that a claim is opened does not protect your legal rights. After a limited amount of time, you lose your right to compensation if a lawsuit is not filed. When insurance companies do settle claims it's usually in the very early stages, before people realize the full effects and reasonable value of their losses.
Lawsuit: The only way to be sure your legal rights are protected is to file a lawsuit. Your case can still be settled after a lawsuit is filed, but if the insurance company refuses to pay a reasonable settlement the amount of your losses will be decided by a jury.
Don’t Leave Money on the Table!
Wondering how much your car accident claim might be worth? Don’t leave money on the table. Schedule a free consultation with The Biker Lawyers to see what your case could be worth.
A personal injury lawyer doesn’t just fight for settlements — they protect your rights every step of the way.