No matter how careful you are as a driver, you could still be involved in a car crash, whether fatal or not.
Every year, there are over 500,000 car accidents recorded in Texas alone.
Your best bet is to get a good insurance cover for your vehicle.
Many people believe that they will be less likely to receive compensation if they do not sustain physical injuries in an accident. This is untrue as non-injury car accidents are duly recognised and compensated for where necessary.
If you need help calculating your settlement or even understanding how non-injury settlements work, you’re in luck. This article covers all you need to know about settlements for non-injury car accidents
Quick Answer – Average Settlement for Non-Injury Car Accident
Your car has just been damaged because of a reckless driver, and thankfully, you suffered no injuries. Now your mind is racing, trying to calculate how much money you can get out of the situation.
While it may differ in specific states, the law seeks to protect victims and ensure they are duly compensated. In Texas, for instance, the Transportation Code mandates all drivers to carry a minimum liability insurance of $25,000 for property damage.
Generally, the average settlement can range from $500 to $25,000, depending on the extent of damage done. In situations where the person at fault has solid insurance coverage, the victim could also negotiate a better settlement.
Damages You Can Claim in a Non-Injury Car Accident Settlement
As a victim of a non-injury accident, you need all the help you can get to restore a semblance of normalcy to your life. By working with a car accident lawyer, you can work towards getting reasonable compensation.
Although there is no physical injury, you can still make a demand for damages. In this situation, the most common forms of damages you can claim are economic and non-economic damages.
Economic damages are to cover the tangible losses you may suffer, like vehicle repairs or medical bills. You can also claim damages for diminished sale value or towing and storage of the damaged vehicle.
In some cases, you may suffer damage to other properties like phones, documents, and valuables. By bringing a claim for damaged personal property, you should be able to replace the damaged property.
On the other hand, non-economic damages are the compensation to cover non-tangible losses like emotional distress, shock from the accident, loss of quality of life, etc.
Factors Affecting Non-Injury Car Accident Settlement Amounts
One question that victims of non-injury car accidents often ask is ‘How much settlement can I get?’ No two accidents are the same, so the settlements will often differ.
So while you can rely on online calculators for estimates, insurance companies will consider some particular factors to determine your compensation.
Some of the common factors that can affect your settlement amount include:
Liability
This is used to determine who is responsible for the accident and the resulting damage. If you are at fault, your insurance company will most likely bear the cost of repair and damages.
Where another person is at fault, you can comfortably request that they bear the cost of the damages. Note that there may also be instances where both parties contributed to the accident by their actions.
In this instance, liability will be shared to the extent of each party’s action. For instance, the party that is 70% at fault will cover 70% of the damages, while the other party covers the remaining 30%.
Extent of Property Damage
The settlement for a scratch or small dent will largely differ from the compensation for a totaled car. This is because a settlement aims to restore the victim to the status quo.
That is why cars with worse damage tend to attract higher settlements and vice versa. Repair costs will also be factored into determining the final amount the victim receives.
State Laws
Each state adheres to specific regulations for damages, liability, and insurance coverage. For instance, some use comparative negligence laws and even set statute of limitations for settlement claims.
Texas is often referred to as an ‘at-fault’ state. This means that the liable party bears the cost through their insurance. Also, parties that are responsible for damage of 50% and above are not entitled to any compensation.
There may also be situations where the insurance company reduces the settlement due to the victim’s contributory negligence.
Insurance Policy and Coverage
Every insurance policy has specific limits on the liability it can cover. As such, when someone causes property damage that exceeds the insurance coverage, they may be personally liable for the excess.
Some drivers do not have adequate insurance or any form of insurance at all. In such a case, the victims’ Uninsured/Underinsured Motorist (UM/UIM) Coverage will most likely cover the outstanding cost.
Financial Loss
Non-injury car accidents may not be fatal, but they can easily drain your finances. Constant repairs, rental fees, and replacement costs can set one back by many dollars and affect their quality of life.
Some accidents can even lead to extreme circumstances like loss of one’s job or salary due to absence. These are the factors that will help determine the appropriate settlement.
How Are Car Accident Settlements Calculated?
After suffering loss and hardship because of the accident, you now need proper compensation to get back to your life. Before you receive the settlement, the insurance company must have calculated the amount to pay.
Like we already established, there are several factors that will be considered during the calculation, e.g., extent of damage, state laws, etc.
However, the common ways accident settlements are calculated are:
- The Multiplier Method: here, the settlement is determined by summing up the amount the victim has spent on repairs and multiplying it by a number to account for non-economic damages.
The multiplier, usually between 1.5 and 5, represents a scale of mild pain and suffering to extreme hardship. Thus, the formula is (Total Expenses + Losses Incurred) x Multiplier = Settlement.
For instance, a victim may have spent about $7,000 repairing their car and incurred a $1,000 debt from missing an important meeting because of the accident.
The total expenses are $8,000. Then, using a multiplier of 3 (to depict average pain and hardship), the final amount will be $8,000 x 3 = $24,000. - The Per Diem Method: This is the ‘per day’ method that considers every day that the victim has suffered because of the accident. A specific amount will be fixed for each day, and a total settlement will be sent at the end of the calculation.
The amount usually depends on the severity of the hardship the victim is experiencing. Mild hardship may attract a settlement of $3,000, while extreme hardship settlements can run into hundreds of thousands.
Do You Need a Lawyer for a Non-Injury Car Accident?
Many people have argued that non-injury car accident settlements are easy to navigate because of the absence of physical injury. This may be true in some cases; however, it is not generally applicable.
In your instance, the accident may be severe, and disputes may even arise over liability. It could even be that you have a low insurance cover, or you have exceeded the statute of limitations period to bring your claim.
If you want a chance to explore every available remedy and cover every loophole, you would need to involve a lawyer. An experienced car accident lawyer will work to help you get a befitting settlement and be fulfilled after your accident.
So if you’re in a fix about who is liable, unsure about insurance, or the next step to take after the accident, you should certainly get a lawyer.
Speak directly with Attorney Eric Ramos about your case
Get What You’re Owed – Here’s How We Help
Now that you are planning to contact a lawyer for your settlement, here’s what to expect:
- Consultation: The first step is to discuss properly and recount the events leading up to the accident. It is advised that you be fully honest to give your lawyer a better chance at getting you a good settlement.
- Identification and Preservation of Evidence: If you’re making a claim, you need substantial evidence to back up your claim. Your lawyer will request reports, documents, dashcam videos, and any other information relevant to your case.
- Claim Valuation: Your lawyer will most likely consider some factors you may overlook, especially non-economic damages. To ensure that you do not underestimate the value of your settlement claim, your lawyer will consider all relevant factors and present a case that will ensure fair compensation.
- Negotiation and Advocacy: In a bid to avoid proper compensation, the erring party may bring up arguments to counter your claim and reduce your settlement. This is where your lawyer’s expertise will push back to give a seamless agreement.
- Legal Action and Enforcing Judgement: Some settlements may be agreed in ADR sessions, and it is your lawyer who will work to ensure full compliance from the party at fault. For the cases that will end up in court, they will help with accurate filing and advocacy to advance your case.
- Contingency Fee Arrangement: Many lawyers in the accident and personal injury space work on a contingency basis. This means that they only get paid when you get your settlement. With this arrangement, you can be rest assured that your lawyer will do everything possible to get you an adequate settlement.
If you are confused about how to find a good lawyer to help you navigate the settlement negotiation process, you can use this checklist to get the appropriate help you need.
Frequently Asked Questions (FAQs)
Let’s end the discussion by answering the commonly asked questions on the average settlement for non injury car accident below.
What If My Car Is Totaled in a non-injury accident?
This will be classified as a ‘total loss’ since the car cannot be repaired. In this instance, you will most likely be granted Actual Cash Value (ACV) compensation to cover the purchase price and not the current market value of the car.
How Long Does a Car Accident Settlement Take?
Since there are no injuries recorded, the settlement may span 4-8 weeks, depending on the extent of property damages and disputes regarding the amount
Should I Accept the Insurance Company’s First Settlement Offer?
Generally, you should not accept the insurance company’s first settlement offer, as they usually do not cover the actual extent of damage done. Consult with your lawyer and present a counteroffer before proceeding.
Can I Be Partially at Fault and Still Recover Compensation?
Yes, you can be partially at fault and still recover compensation as long as your share of responsibility does not exceed 50%.
Conclusion
With the right guidance, your non-injury accident settlement can be seamless. Our team of experienced attorneys across Texas is available to kickstart your compensation process.
If you need a personal injury attorney in San Antonio and nearby locations, you’re in the right place. Let’s protect your rights; Get a Free Consultation.