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Indiana Car Accident Lawyer |The 3 Steps in Settling a Car Accident Claim

Guy DiMartino Nov. 4, 2014

Indiana car accident lawyer talks about the 3 steps involved in settling a car accident claim.

People who are injured in a Northwest Indiana car accident have a number of questions about the claims process. Car accident cases can be separated into two stages: (1) claims stage; and (2) litigation or lawsuit stage. The 3 steps involved in the claims process are:

  1. medical treatment stage

  2. demand stage

  3. negotiation stage

Medical Treatment Stage of an Indiana Car Accident Claim

During this stage, the client will have her injuries diagnosed and treated. Medical treatment is the most important stage in an Indiana car accident case for a number of reasons. First, the client needs to be properly diagnosed and treated so they can get on with the rest of their life. Second, the value of a car accident case is dependent on the nature and extent of the client's injuries. Third, an accurate diagnosis and treatment is important to identify any future medical needs. If there is adequate insurance, a case cannot be resolved until the client has completed her medical treatment. Once the client's doctor(s) have determined that she is as good as she is going get, which is called maximum medical improvement, the case moves into demand phase.

Demand Stage of an Indiana Car Accident Claim

In this stage, we will obtain all the client's hospital and medical records. Once this information is received, we will put it together with all the information gathered about the accident and send a demand to the insurance company. The demand is a written statement outlying the facts of the accident, the client's injuries and damages sustained. Click here to see what a demand letter looks like.

Negotiation Stage of an Indiana Car Accident Claim

Once the insurance adjuster reviews the demand it will forward an initial offer. If the client's injuries warrant it, the insurance adjuster will offer to tender the driver's insurance limits. If not, we start the negotiation process. When we receive the initial offer, we will discuss it with the client and formulate a response. If we are able to negotiate a fair and equitable settlement with the insurance company the case will be settled. The client makes the final decision to settle her case.

If the insurance company takes an unreasonable position and we are unable to reach an agreement, we will discuss the advantages and disadvantages of filing a lawsuit. The decision to file a lawsuit is the client's.