The weather stinks, you have a sea of cars honking at you, and now the police are on the way. Polemically speaking, nothing can ruin your day like a fender bender. Instead of grilling a nice meal, you’re getting grilled on the side of the road, and the prospect of car repairs seem about as likely as getting your steak cooked the way you ordered it… close, but no cigar. But your minor detour home doesn’t have to be so fatuous; for knowing how attorneys settle minor bang ups can help clarify those uncertainties and bring you piece of mind.

When Do Settlement Negotiations Begin?

Typically, the respondent (the other driver’s insurance company) won’t say a word until they’ve collected all the evidence needed to make an informed determination on the merits of your claim. However, there are times where they may try to contact you with an offer long before this happens. But be aware, these knee-jerk offers usually cover very little and may leave the burden on you and your insurance company to pay any additional, unforeseeable expenses related to the accident. It’s best to leave the negotiating up the attorneys representing on both sides. If you don’t have one yet, now’s a good time to a) seek one out, or b) talk to your insurance agent about getting one.

How Are Settlement Discussion Conducted?

Once both sides agree on the evidence, a conversation between attorneys from both sides takes place. Typically, the respondent must make the first move. This might involve an initial offer (e.g., settle for X amount of dollars), or an affirmative answer either accepting some responsibility or denying all of it. At this point your lawyer may advise you to settle or proceed. If you proceed, you have a few options: arbitration, jury or bench trial.

Arbitration

Arbitration hearings are not as formal as court hearings, where federal rules of evidence and juries come into play. Essentially, attorneys from both sides commence arbitration first by agreeing on an arbiter, and second a location, where they will meet and engage in lively discussions, submit evidence, and then leave it up to a single person to decide the case. Arbitration is faster and more efficient than court, but it’s also very expensive. Hearings can run from a few hundred bucks a pop up to a few thousand.

Bench or Jury Trial

You can file a motion for a bench trial if you decide to go to court (no jury, judge rules on the outcome). This should only be requested if your case relies solely on points of law and law alone. However, jury trials give you and the attorneys the opportunity to argue your case to a jury of your peers. What’s so different? While most people react and act on raw emotion, reason and law restrain a judge’s reactions. Pictures of your injuries, your damaged car, and stirring testimony are going to affect jurors in ways that judges cannot be affected.

Rescinding An Offer

So you’ve decided to avoid a hearing after all and now you want to settle. The respondent coughs up a few thousand dollars, you sign some papers, your lawyer approves, and six months later you end up in the hospital because of a previously undetected bone contusion. What do you do now? Unfortunately, the answer is nothing. Because once you’ve signed-off on a settlement, that’s it. No bueno, no more hearings, no more legal responsibilities are due. If you take anything away from this article, just know this: you cannot rescind a settlement offer once you’ve signed the papers. Not six months later, not six seconds later regardless of what transpires down the road. All settlements are final unless ruled otherwise by a judge.

Receiving an insurance settlement claim can take a long, long time. In fact, sometimes it can take years. You need to know what’s going to happen before it happens, and that’s why speaking with attorneys before engaging in a legal battle is so important.