Navigating a car accident settlement in St. Louis can feel overwhelming, especially if you don’t know where to start. Understanding the claims process can help you stay in control, make informed choices, and pursue a fair settlement.
When liability is clear and extensive medical care isn’t necessary, settling a car accident may take less time. Issues like liability disputes and treatment delays can add time. Settling for a crash that caused severe injuries or death might take longer than a minor wreck.
Every case is different, but here is a step-by-step look at the typical settlement process after a car accident.
Step 1. Report the Accident and File a Claim
The first step is beginning the claims process. You will need to notify your own insurance company of the accident as soon as possible, regardless of who caused the crash.
You can then open a claim through your own insurance policy or file a claim against the other party’s policy. Your policy will generally pay for damages to your vehicle and other immediate losses. Your insurer will then seek reimbursement from the other party if they are at fault.
If you believe the other party caused the crash, you can file a claim against their insurance policy. Your insurance company may also advise you to submit a claim to the other party’s insurance after you report the crash.
Step 2. Investigation
After the claim is opened, a claims adjuster will be assigned to your case. They are responsible for investigating the crash to determine if they are liable for the damages. That means they look at the evidence and decide who caused the crash. They will assess whether their policyholder was at fault and to what degree to determine their responsibility for damages.
Evidence like police reports, photos, vehicle data, and witness statements can influence liability decisions during car accident settlements.
In Missouri, pure comparative negligence is used when two or more people share fault in an accident. Each party is assigned a share of damages based on their negligence. Under this rule, you can be up to 99% at fault for a crash in Missouri and typically still recover compensation. If you’re partially at fault, your compensation will likely be reduced by your share of the blame.
The claims adjuster will also assess damages to determine what offer the insurance company will make.
Step 3. Policy Review
Missouri law requires drivers to carry liability coverage that covers at least:
- $25,000 bodily injury per person
- $50,000 bodily injury per accident
- $25,000 property per accident
Uninsured motorist coverage of $25,000/$50,000 for bodily injury per person/per accident is also required by law.
The insurance company will usually not pay more than the policy limits in a car accident settlement. If your damages exceed the at-fault party’s coverage, you may need to explore other avenues for compensation, like your own UM/UIM coverage.
Step 3. Property Damage Claim Resolution
While settling a bodily injury claim can take time, property damage claims are handled separately and often processed quickly. Assessing the cost of replacing or repairing a vehicle and damaged property is generally easier than the damage calculations in personal injury cases.
Step 4. Complete Treatment and Document Damages
Meaningful negotiations usually won’t begin until you’ve reached maximum medical improvement or have a clear prognosis. If you settle before you know the full extent of your injuries and whether you will have lasting impairment, you may not recover the money you need for future medical care or lost earnings.
Keep consistent records of treatment, bills, time off work, and how injuries affect daily activities. This will help your lawyer calculate your economic damages and estimate a fair amount for non-economic damages.
Step 5. Send a Settlement Demand
Settlement negotiations commonly begin with a written demand letter outlining liability, injuries, medical costs, wage loss, and a monetary demand. Your lawyer will create a demand package that lays out the facts of the case and your legal argument with evidence supporting your case. They’ll provide this demand letter to the other side.
Step 6. Negotiations
Negotiations may go on for weeks to reach an agreement on causation, comparative fault, and damages. This process can be time-consuming, but reaching a settlement agreement that fairly compensates you is crucial.
Step 7. Settlement and Payout
When you reach an agreement, you’ll sign a release of claims. Insurers typically issue checks within two weeks. The proceeds will be deposited in a special account, and your attorney will pay out any liens before deducting case expenses and attorneys’ fees. The remainder will be issued to you as your settlement check.
If Needed: Auto Accident Lawsuit and Trial
Most claims settle without going to court, but filing a civil lawsuit may be needed if the insurance company refuses to treat you fairly. A lawsuit preserves your rights and can reset the negotiation dynamic through discovery, depositions, expert evaluations, and mediation.
If a settlement still isn’t reached, your case may proceed to trial. In this case, a jury will hear both sides, decide who was at fault for the crash, and award damages if you win.
Contact Our St. Louis Car Accident Lawyers for a Free Consultation
If you are unsure what steps to take after a car accident or how long they might take, you should call our St. Louis car accident lawyers. They can walk you through the process as it might apply to your case and potentially provide an estimate of the timeline. Call Eason Car Accident and Personal Injury Lawyers to schedule a free consultation when you’re ready.
For more information, please contact Eason Car Accident and Personal Injury Lawyers to schedule a free consultation with a car accident lawyer in St. Louis, MO, today. We have two convenient locations in Missouri, including St. Louis and Richmond Heights.
We proudly serve St. Louis County and its surrounding areas.
Eason Car Accident and Personal Injury Lawyers – St. Louis Office
10 S Broadway #560
St. Louis, MO 63102
(314) 932-1066
Eason Car Accident and Personal Injury Lawyers – Richmond Heights Office
1034 S Brentwood Blvd Penthouse 1-C
Richmond Heights, MO 63117
(314) 463-4173
