Car Accident

In a recent year, over 1,300 people suffered serious injuries in the Gem state. When a person sustains severe injuries, the victim may be entitled to recover for their losses. 

The amount of financial compensation you can expect to receive from a car accident depends on various factors. There is no single amount that you can expect from a car accident claim.

Andrew Injury Law would like to give you an overview of factors that determine a car settlement, including what types of damages you may qualify for in a car accident.

Factors that Impact Your Car Settlement

After your car accident, the insurance company will conduct a thorough investigation to determine several factors.

1. Who is at Fault

Proving which driver is at fault will impact who will be fully compensated. In motor vehicle accidents, negligence is usually the culprit. 

The insurance company has the task of deciding which driver caused the accident. In determining negligence, the insurance company must demonstrate the following:

• Duty: the at-fault driver had a duty to follow traffic regulations when driving
• Breach: the at-fault driver breached his or her duty of care (i.e., running a red light)
• Causation: injury to the claimant was a foreseeable consequence of the at-fault driver’s actions
• Damages: as a result of the at-fault driver’s actions, the claimant has suffered measurable losses

Proving which driver is responsible for the accident is no simple task. Frequently, the actions of both drivers contribute to a crash. 

Idaho follows the doctrine of comparative negligence, meaning that the claimant can only recover damages if they are less responsible for the accident than the other driver. A driver who is 50% or more liable, will be barred from recovery.

2. The Severity and Extent of Your Injuries

In any motor vehicle accident, your injuries may range from minor to severe. Someone who broke their wrist in a crash will probably receive less in damages than a person who suffered a traumatic brain injury.

Besides severity of your injuries, the extent that your injuries interfere in your life will be a significant factor in determining your settlement amount. A person who suffers a short-term disability will receive less than someone who suffers a long-term disability from an accident.

Correlating factors that will impact your settlement include:

• If you have reduced mobility
• Your ability to return to work
• The length of your recovery
• The difficulty of your recovery
• Your emotional and mental state

3. The Extent of Damage to Your Vehicle

The cost to repair your vehicle must also be taken into account. An insurance adjuster will most likely conduct an independent investigation and get an estimate to repair your vehicle. This estimate may not cover the cost to return to your vehicle to its pre-accident condition. 

In filing your claim, you will want to get quotes from two to three qualified mechanics to submit to the insurance company. 

If you purchased collision coverage, you will be able to repair or replace your vehicle if it is damaged in an accident. It does not matter which driver is at fault, and it can be used if the other driver does not have insurance. Most policies have a deductible that applies.

4. Compensatory Damages

A car accident victim is entitled to receive compensation for their losses, known as compensatory damages. Compensatory damages may include:

• Lost income
• Lost earning capacity
• Medical expenses
• Cost to repair vehicle
• Pain and suffering

This list is not exhaustive. It is important to discuss the specific circumstances of your case with a car accident lawyer to decide which damages and what amounts you should request from an insurer. 

5. Insurance Policy Limits

Idaho requires drivers to carry the minimum insurance liability coverage:

• $25,000 of bodily injury liability coverage per person;
• $50,000 of bodily injury liability coverage per accident; and
• $15,000 of property damage liability coverage.

Depending on how much coverage the other driver is carrying, you may be able to collect more on your personal injury and property damage claims.

A Car Accident Lawyer Advocating for You

Car accident claims can range from hundreds to millions of dollars. There is no way of knowing what your car accident claim is worth until several factors are investigated. If you need any guidance or would like for us to handle your claim, contact us today.