Should I file a claim or get a lawyer first?

What is the 80% rule in insurance?

The "80% insurance rule" in homeowners' policies requires you to insure your home for at least 80% of its total replacement cost to avoid coinsurance penalties and receive full coverage for partial losses; if underinsured (below 80%), the insurer reduces payouts proportionally, making you responsible for more of the cost, a concept also applied to some flood insurance policies. 

What are the 3 D's of insurance claims?

The 3 D's of insurance are “delay, deny, and defend.” They represent the 3-part strategy insurance companies use to avoid paying policyholders what they may be owed. These tactics may pressure some Americans into accepting lowball settlements, and they can result in claims being held up in court for years.

What not to say to a lawyer?

You should not tell a lawyer to downplay injuries, admit fault, lie, exaggerate, withhold details, or trash-talk others involved; avoid telling them how to do their job, comparing them to other lawyers, being overly casual (like saying "you guys"), or discussing irrelevant personal info, as honesty is key, but focus on facts and let the lawyer guide strategy, especially regarding admissions or social media posts.
 

How long does it usually take for a lawyer to settle a car accident?

Straightforward cases involving minor injuries and clear liability may resolve in about three to six months. More complex cases, especially those involving serious injuries, unclear liability, or uncooperative insurance companies, may take one to two years or more to settle.

How much compensation for anxiety after a car accident?

Compensation for anxiety after a car accident varies widely, from a few thousand dollars for mild, temporary stress to over $100,000 for severe PTSD or chronic conditions, depending on diagnosis, treatment costs, and impact on life, with severe cases often involving ongoing therapy, diagnosis, and documentation. Amounts are calculated as non-economic damages (pain and suffering) using methods like multipliers or per diem, and require strong medical evidence to prove the accident caused the anxiety. 

Is it better to pay for car damage or claim insurance?

Filing a claim could make sense if you were the only driver involved and the cost to fix the damage is higher than your deductible. However, if you submit a claim and the repair cost is less than your deductible, you won't get a payout — but your premium could still increase when you renew your policy.

How much will my insurance go up when I make a claim?

Drivers who make a claim for an accident can expect their car insurance premiums to rise by around 20–50%. However, the actual amount varies depending on who is to blame for the claim, the severity and expense of the accident, and your overall driving record.

What is a good settlement figure?

A “good” figure is one that fairly compensates the victim for all losses incurred due to the accident, including medical bills, ongoing treatment, future medical bills, lost wages, and pain and suffering.

What insurance adjusters won't tell you?

What they won't tell you is that their primary job is to save their company money—often at your expense. Insurance adjusters are not your advocates. They're trained professionals whose performance is measured by how much they save their company. Every dollar you don't receive is a dollar their employer keeps.

What are the two main reasons for denying a claim?

Common denial reasons: Missing documents, missed deadlines, incomplete claim forms, policy exclusions, lack of sufficient evidence, coverage lapses, or failure to follow claim procedures often lead to denial.

How long after an accident can you still make a claim?

You should file an insurance claim as soon as possible (ASAP) after an accident, ideally within 24-48 hours, as your policy and state laws require prompt reporting, but you generally have anywhere from days to a few years (depending on your state's statute of limitations) to file a lawsuit or a full claim, though significant delays risk claim denial and weaker evidence. Always check your policy and state laws for specific deadlines, as waiting too long makes proving injuries and damages harder. 

Is it worth suing for a car accident?

Deciding to sue for a car accident is a personal choice, but a lawsuit may be worth the effort when your damages are substantial and insurance and/or at-fault parties are not adequately covering them, or when liability for the crash is in dispute.

How long after a claim is settled until you get paid?

After a claim settles, you typically get your money in 2 to 6 weeks, but it can take longer due to signing release forms, clearing liens (like medical bills), lawyer processing, and the insurance company's internal procedures, with complex cases extending the timeline. The money first goes to your lawyer, who pays costs, liens, and fees before issuing your net payment, often via check or direct deposit. 

Is $400 an hour a lot for a lawyer?

Yes, $400 an hour is a significant rate for a lawyer, often reflecting experience, specialization, and location, falling at the higher end of average rates ($100-$400+) but can be standard or even considered a "deal" for highly specialized work in major cities, while being quite expensive in other areas or for less complex cases. Factors like the firm's size, location (big city vs. rural), the lawyer's expertise (e.g., corporate, IP vs. family law), and case complexity greatly influence this rate. 

What is the hardest case to win in court?

The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
 

Who has more power, a lawyer or an attorney?

An attorney has more specific authority than a general lawyer because an attorney is licensed to practice law and represent clients in court, while a lawyer, though educated in law, might not have passed the bar exam to gain that courtroom authority. It's not about "power" but legal authorization; all attorneys are lawyers (having law degrees), but not all lawyers are attorneys. For court appearances, you need an attorney; for legal advice or document prep, a lawyer might suffice. 

What are the three most common mistakes on a claim that will cause denials?

Here, we discuss the first five most common medical coding and billing mistakes that cause claim denials so you can avoid them in your business:

• Claim is not specific enough. ...
• Claim is missing information. ...
• Claim not filed on time (aka: Timely Filing)

What not to say to an insurance claim adjuster?

When talking to an insurance adjuster, never admit fault, apologize, speculate on injuries or the accident's cause, agree to a recorded statement, or give unnecessary details, as these can be twisted to weaken your claim; instead, stick to basic facts and state you're working with an attorney if possible. Avoid phrases like "I'm fine," "It was my fault," or discussing social media, and never accept immediate settlement offers. 

What is the longest an insurance claim can take?

The amount of time it takes to settle an insurance claim for a car accident varies, anywhere from a few days/weeks to several months.