Car Accident Settlement Payouts Alberta
When it comes to a car accident, the person’s physical, mental or financial stress is indescribable. Along with this, the settlement fight can throw you in deep water. That is why you must be prepared to face any situation.
Car accident settlement payouts Alberta needs time, money, and help from experts. How does it work in practice? This guide will explain the whole process with details on the timing of the compensation and information relating to the calculation.
What Steps to Take after a Car Accident?
Whatever the type of accident caused or suffered, you should take the necessary steps with your insurer.
This begins with establishing an amicable report – an official document that defines the causes and responsibilities of the car accident. The most important thing is to agree on these two elements with the other driver involved.
If this is not possible if you are dealing with a motorist who does not want to cooperate, it is better to indicate it on the document.
Without this document, insurers will not be able to establish the responsibility of each of the parties. Also, they won’t be able to do the necessary in terms of expertise and compensation.
How Long Does It Take to Settle a Car Accident Claim in Alberta?
In general, in the case of road accidents, the rule of the joint fault applies – the driver who caused the accident is obliged to pay damages. This competition would be 50% if both motorists had their share of fault in causing the accident.
Consequently, each of them will be required to compensate in a percentage equal to 50%.
It is imaginable that the timing of the insurance to settle the claim depends on both the party. It is strongly conditioned by the presence or absence of an agreement between the parties.
If the injured party declares to accept the sum offered, the insurance will pay within fifteen days. And the injured party is required to issue a release receipt.
Furthermore, the terms for compensation are considerably extended if there are severe injuries in the accident. The settlement of the claim must, in any case, take place within 15 days of the compensation offer, whether it is accepted or not.
In the latter case, it is valid as a down payment pending the settlement of the dispute. If the injured party is not satisfied with the compensation proposed, the party can request:
- Conciliation procedure
- Assisted negotiation procedure, or
- Start a legal action.
It goes without saying that in case of refusal of the compensation, the time becomes uncertain. It will be necessary to comply with the (long) times of justice.
How Much is a Typical Pain and Suffering Settlement?
The calculation of how much money is due as compensation for physical damage suffered depends on many factors. Especially the severity of the damage or injury will determine the settlement amount. The higher the percentage of disability, the greater the amount you will receive from the insurance.
For each day of disability in the person involved in a road accident, the following compensation is provided:
|Settlement for loss of wage
Property damage cost
|Settlement for loss of wage
Property damage cost
Settlement for future wage lost
Cost of pain and suffering
The average car crash payout is around $43,000.
How to Calculate Compensation for Accident Damage?
How does the calculation of the Alberta car accident settlements work? Starting from the analysis of the type of damage caused by accident:
- If the vehicle damage, all the expenses necessary to support the repair of the vehicle are covered
- If the damage is greater than the vehicle’s value, you will be reimbursed based on the limit set by the insurance.
Concerning compensation for personal injury, both property and non-financial damages are covered in the event of a road accident. Especially the biological damage is most important.
For example, loss of profit is included in the economic damage. It means the fact that a person cannot work and therefore earn due to the accident suffered.
The biological damage depends on two factors:
- Percentage of damage suffered – the more the damage, the more the compensation.
- On the injured party’s age: in this case, however, the compensation decreases with increasing age.
Timing of Compensation for Physical Damage Insurance
The time required for the compensation for damages in the event of a road accident varies. It depends on several factors, including the procedure used and the type of damage to be compensated.
In the case of use of the amicable finding, a maximum period of one month is required.
If there are no amicable findings, the times for obtaining compensation for damages are a bit longer:
- At least two months are foreseen for compensation for damage suffered by the vehicle involved in the accident.
- It takes up to 3 months to cover the injuries suffered by people.
From the moment the injured party accepts the settlement offer, it can take between 60 and 90 days before the actual compensation arrives.
The compensation proposal does not have to be accepted – the time necessary for the liquidation would lengthen in case of refusal. And if an agreement cannot be found, you will have to sue your insurance company and wait for the relative time of justice.
In general, the ordinary times for requesting damages are:
- Approximately 90 days for accidents that only resulted in damage to property
- About 120 days for accidents in which there were also injuries.
What If the Person Responsible for the Accident is Not Identified?
You may be involved in an accident, and the troublemaker decides to run away. The person doesn’t take responsibility and the consequences of it.
In this case, ask possible witnesses to gather as much information as possible about the fugitive’s identity. Then notify the police before sending your report to your insurer.
Two scenarios can arise from this situation:
- The person responsible for the road accident is found. It is his civil liability guarantee which covers the material and bodily damage suffered.
- The perpetrator of the hit-and-run remains untraceable. In this case, your insurance company will be the sole source for the damages.
What is a Good Settlement Offer: How Much Should I Expect from My Car Accident Settlement?
This is a valid question from a victim. Anyone who suffers from this situation must wonder what he is supposed to get.
To answer this question, we need to evaluate the situation first. The settlement amount depends on the severity and degree of the accident as well as injury. Usually, the insurance companies of both parties are responsible for the settlement amount.
Suppose you are the victim here and the accident happened because of the negligence of the other party. In that case, his insurance company will compensate you.
The money they offer may not be what you expect because they will always try to minimize the amount. You have every right to refuse and ask for what you think you deserve.
Consult With a Professional Car Accident Lawyer
Suppose you have suffered severe damage in a road accident for which you are not at fault. You are entitled to be compensated for all physical and economic damage suffered:
- Temporary and/or permanent damage to health
- Mechanical damage to the vehicle
- Medical expenses and
- Resulting in income reductions from the accident.
The dynamics of accidents are often complex and difficult to prove. It is good to rely on a lawyer specialising in road accidents to obtain adequate Alberta car accident compensation.
Only a specialized lawyer will have the ability to identify all the damage caused by accident. He will manage the negotiation with the insurance company or with the counterparty.
The lawyers of Injury Lawyer Of Calgary have many years of experience assisting the victims of road accidents involving – cars, motorcycles, trucks, bicycles, pedestrians, public transport, and uninsured vehicles.
The Firm adopts an efficient approach aimed at optimizing times and results. Each case is studied and carefully developed under the legal concepts.
A car accident of any kind is very energy-draining. The stress and trauma are enough to break one down. That is why you are entitled to all types of settlements for your suffering.
But the question is, how much is car accident settlement payouts, Alberta? And how do we get it? That is why we tried to elaborate the process to ease your journey. Again, we recommend consulting an experienced attorney to represent you and manage all the steps.