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Injured in a car accident? Insurance may not be on your side

Automobile accidents happen every day on Montana roadways. If you were injured in a car accident and are suffering physically, financially and emotionally as a result, you may wonder if compensation is available to you. The truth is, it might be.

Following a car crash, the responsible party's insurance provider -- if he or she has one -- should contact you with a settlement agreement. They do this fairly quickly, usually to get you to accept the meager amount they are willing to offer you during your time of need. It may seem like a lot in the moment, but really it may not be enough for your needs in the long run.

Why insurance wants to settle

Insurance providers would much rather settle than go to trial. Trials cost money. Not only could they end up paying you much more than they want to, they then also have to pay attorney fees and court costs. It all adds up.

When you receive a settlement offer, they may make it sound like it is a take it or leave it deal. Guess what? It's not. You have every right to refuse and demand what you believe to be a fair amount. If you decide to refuse a settlement offer, you need to proceed with the following:

  • Write an official refusal letter
  • Write an official demand letter
  • Send both within a specific time frame

After you refuse, this is when negotiations begin. It may take quite a bit of back and forth, but it may be possible to reach agreeable terms without having to set foot in a courtroom. If settlement negotiations fail, going to court may be your best option for dealing with the matter. Having an attorney who is comfortable and has experience in the courtroom should prove invaluable to your case if that is where it ends up.

Achieving fair and full compensation can take time

Personal injury cases take time to resolve. If you or a loved one suffered injuries in a car accident, wanting immediate relief is understandable. Before saying yes or no to an insurance provider's settlement offer, it is okay to have legal counsel review it first to see if it is actually fair or learn where it is lacking. If it will not serve your best interests, the appropriate actions to seek maximum relief can be taken.

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Towe & Fitzpatrick, PLLC
619 SW Higgins, Ste. O
P.O. Box 1745
Missoula, MT 59806

Phone: 406-203-5148
Phone: 406-829-1669
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