Truth About Car Accident Settlement Calculators

calculator and documents for car accident settlement

There are many car accident settlement calculators available online, but they should only be used to provide an estimate of your eventual settlement.

This article will shed light on some of the key variables that can only be determined by examining the details of the case.

Two Primary Factors When Determining Your Settlement

The value of your settlement will ultimately depend on proof of liability and the severity of your injuries.

1. Proof of Liability

The majority of car accidents are the result of negligence, either the negligence of one or more drivers to drive safely, or negligence to implement safe road design. In some states, if you were even a little bit responsible for the accident you won’t be able to recoup any of your associated expenses. California follows the legal doctrine of “comparative negligence” which means that you may recover costs in direct proportion to the negligence of the other driver. So if you were hit by a car and and were 80% at fault, you would be entitled  to recover 80% of your costs.

Police reports are a strong indicator to insurance companies of who was at fault during the accident. If you were hit from behind or hit by a driver who was making a left turn, the other driver will almost always be found liable for the accident.

2. Severity of Injuries

It’s simple: the worse your injuries are, and the longer your life will be debilitated by them, the more money you’re likely to get. And there is such a wide spectrum of injuries possible to sustain in a car accident that what you think is severe may not seem so bad to an insurance adjuster. You must validate your case with medical records from professional medical treatment facilities, and be able to show that you followed your doctor’s recommended course of treatment. (Don’t seek unnecessary treatment; it’s unlikely that you will be reimbursed for a visit to an herbalist.)

Try to imagine that you are a member of a jury and view your case objectively. Did you follow proper procedure after the accident? How much proof do you have?

Negotiation in Car Accident Settlements

While it’s easy enough to provide proof of economic damages, there is usually some “wiggle room” in proving the value of noneconomic damages. This is why getting a lawyer who can negotiate well is key to your settlement. A skilled  personal injury lawyer may be able to persuade an insurance adjuster that your noneconomic damages are worth more than they originally offer.  A lawyer can also be very resourceful in finding more types of evidence than you may think of on your own.

So instead of trusting an online car accident settlement calculator, consider contacting a trusted personal injury lawyer for a free case evaluation.

Recent Blog Posts

  • commercial trucks on highway

    Vicarious Liability Torts in Commercial Truck Accidents

    If a negligent driver causes a commercial truck accident, the trucking company can be burdened with vicarious liability torts. The company can be held liable for the driver’s negligence under the legal tenet known as respondeat superior, a Latin phrase that translates as “let the superior make the response.” This concept transfers the truck driver’s […]

    Read More
  • california fire possibly caused by utility company under strict liability

    3 Fascinating Strict Liability Tort Cases in Sacramento

    Tort liability in personal injury cases is most often based on acts of negligence, but there are exceptions. Sometimes the responsible party is held to the strict liability tort standard, meaning that a finding of negligence or malicious intent is not required. The most common types of strict liability tort cases are based on: Product […]

    Read More
  • student injured at school - parents suing for negligence

    Suing a School for Negligence: What You Need to Know

    A negligence-based lawsuit against a school can have unique complications, depending on the type of institution it is. Overall, teachers, school administrators, and other staff have a “duty of care,” meaning they must take reasonable steps to avoid and prevent circumstances likely to cause personal injury to a student. Some reasons you might want to […]

    Read More
  • Sacramento Office
  • 333 University Avenue, Suite 200
  • Sacramento, CA
  • (916) 756-0772
  • Roseville Office
  • 1544 Eureka Road, Suite 120
  • Roseville, CA
  • (916) 788-1960
  • Oakland Office
  • 1300 Clay St, Suite 600
  • Oakland, CA
  • (510) 962-4610

© 2019 Penney Law, Serving the Areas of Sacramento, Roseville, Fairfield, Modesto, Stockton & Oakland California