After a car accident, two major financial concerns often arise: property damage costs and injury-related expenses. Many injury victims mistakenly believe these are resolved simultaneously in a single car accident claim.
However, this is not the case. After a car accident, you will typically have two separate insurance claims: one for personal injury, and another for property damage. Your property damage and personal injury claims can, and often should, be resolved separately. Knowing how and why these two settlements should be handled individually can help you avoid an unfair offer that fails to cover your full accident-related financial needs.
Understanding Property Damage vs. Personal Injury Settlements
After a car accident, insurance claims for property damage and personal injuries follow separate processes. Here’s how they work:
- Property Damage Settlements: Processed under your collision coverage or the at-fault driver’s property damage liability, these claims cover repair costs or the car’s value, if totaled. Since they are based on repair estimates or market value, they are usually resolved within weeks, with payments sent to you or the body shop making the repairs.
- Personal Injury Settlements: These claims cover medical expenses, lost wages, and pain and suffering. In Florida, Personal Injury Protection (PIP) covers immediate medical costs, but more severe injuries may require filing a claim against the at-fault driver’s bodily injury liability coverage. Settlements should cover any ongoing medical care, and negotiations may take months or longer to resolve.
Knowing why insurers push for combined settlements, and why you shouldn’t let them, can protect your right to fair compensation.
Why Insurers May Try to Combine These Settlements
You may feel pressured to settle quickly if you rely on your vehicle for daily life, especially now that you need to get to medical appointments as well.
Unfortunately, insurers use this to their advantage, offering lowball settlements that may not fully cover your damages. They may pressure you into accepting a personal injury settlement at the same time as your property damage settlement, even before you fully understand the extent of your injuries, simply because they know how urgently you need access to transportation again.
Insurers know accident victims are stressed about medical bills, lost wages, and mounting expenses. They exploit this desperation by offering a quick payout, hoping you’ll accept before realizing the actual cost of your injuries. They depend on injury victims not realizing they don’t have to settle their injury claim to receive their property damage settlement check.
Injuries such as whiplash, internal damage, and concussions often don’t show symptoms right away. Settling too soon could leave you without compensation for ongoing medical care, rehabilitation, and lost income.
When To Settle Your Personal Injury Claim
Once you accept a settlement for your injuries, you typically waive your right to pursue additional compensation later. That’s why it’s crucial to wait to settle your personal injury claim until:
- You have reached maximum medical improvement (MMI), which means your doctor believes your condition has improved as much as possible with treatment.
- You fully understand the long-term effects of your injuries, such as ongoing therapy, surgery, or lifestyle adjustments, which should be included in your settlement.
- All medical expenses and lost wages, including loss of earning capacity, missed benefits, vocational training, and future medical needs, are accounted for.
An experienced Miami car accident lawyer can collaborate with medical and economic experts to accurately assess the extent of your injuries and losses for a fair settlement.
How Aigen Injury Law Can Help
At Aigen Injury Law, we understand how insurance companies operate and the tactics they use to pressure injury victims into settling too quickly, including making victims think they must settle their personal injury claim to get compensation for their property damage. If you’ve been hurt in an accident, we can help with the following:
- Negotiate your injury settlement to cover medical expenses, lost wages, and pain and suffering.
- Push back against insurers who try to unfairly bundle property damage and personal injury settlements.
- Review settlement offers to ensure they cover ongoing treatment and future expenses.
- Work with medical providers to secure records that support your claim’s full value.
- Pursue compensation that reflects long-term recovery costs and lost earning potential.
While we don’t take cases involving only property damage and no injuries, our qualified team can assist you with your property damage claim alongside your injury case.
Talk With a Skilled Miami Car Accident Lawyer Today
If you were injured in a car accident and need guidance on handling your property damage and personal injury settlements, Aigen Injury Law can help. Our experienced legal team can advocate for your right to full compensation, ensuring you don’t fall victim to insurance company tactics.
Don’t let insurance companies rush you into an unfair settlement. Contact our law firm today for a free, confidential consultation. We can discuss your claim and develop a winning strategy to get you the recovery award you deserve.