I was in a car accident, i dont have insurance but the lady who was at fault does.

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I was in a car accident, i dont have insurance but the lady who was at fault does.

The other lady admitted to bring at
fault and I was injured should I accept
their first settlement or deny it and
get a lawyer?

Asked on June 14, 2016 under Personal Injury, Iowa

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The fact that you didn't have insurance is irrelevant because the other driver was at fault in the accident.
You don't want to settle the case until you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated. 
If you settle before being released by the doctor or being declared permanent and stationary, you won't know your total medical bills and won't have the final medical report and total wage loss.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, obtain your medical bills, medical reports, and documentation of wage loss.  Your personal injury claim filed with the at-fault party's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
You don't want to accept the first offer from the insurance company because it will be low.  Continue negotiating to try for a larger amount.  It would be advisable to be represented by an attorney, but the attorney's fee will probably be 1/3 of the settlement or possibly more if the case is not settled and a lawsuit is filed.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.
If the case is NOT settled, your lawsuit for negligence against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
 
 


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