How much to expect from car accident settlement California?

How much to expect from car accident settlement California?

The period that follows a car accident is a mixture of confusion, worrisome and devastating. If you were wise and carried the required car insurance, then one of the questions on your mind could be, how much do you expect from a car accident settlement?

Though this article covers the expected car accident settlement in California, I will go ahead and tell you how much you should expect across a couple of states here in the USA. Below is what I will cover in this article.

How much can you get for pain and suffering from a car accident in California?

Of course, the amount you will receive as your car settlement depends on many factors;

• The types of injuries you suffered from
• The extent of your car/property damages
• The severity of injuries
• Part of the body that is injured and
• the circumstances of the accident.

If you are just involved in any car crash and someone else is liable, you may be entitled to receive compensatory damages, punitive damages, and so many others.

Recommended reading: What Happens If You Have a Car Accident Without Insurance? 

Compensatory damages comprise both special and general damages. These damages you are free to claim to include medical bills, emotional distress, mental anguish, lost wages, the potential to earn, and pain and suffering. 

Of course, the amount you claim for and receive varies across states. For instance, 2 people who sustained the same injuries will receive different amounts as a settlement if they come from different states.

According to settlement data across the USA, the average car accident settlement in California typically falls between $14,321 and $28,215. This implies that the average settlement for car accidents in California is around $21,000.

If you intend to file a claim for pain and suffering, there is no cap on the amount you will claim for. According to my research, a person that needs compensation for medical malpractice will not claim beyond $25,000.

But, the amount from a car accident settlement in California varies. The average is $21,000, but it depends on factors like accident severity, cause, lost wages, medical bills, and property damage. Seek legal advice and document expenses for fair compensation.

How long does a car accident settlement take in California?

How long it takes for car accidents to settle in California depends on so many factors like the complexity of the case, willingness for the parties to settle, and the court’s schedule. 

In many states including California, insurance companies have up to 85 days to settle claimants. Usually, the insurance company has 15 days to acknowledge the receipt of the claim, 40 days to accept to pay or deny, and 30 days to pay the claimant.

Recommended reading: Average settlement offers during mediation (well explained)

“General speaking, you should expect to receive your car settlement payout within between 6 weeks and 3 years after filing your claim”, says A. Crosby Crane, a personal injury attorney at Morgan and Morgan.

From what I just said in the above paragraphs, you can easily tell that it’s hard to predict the amount you will receive as a settlement following a car accident.

So many factors come into play. For instance, did you hire a car accident attorney or you decided to do it your own way? Is the evidence well incriminating or there are other liability issues?

What is the average settlement for a minor car accident in California?

Yes, auto accidents differ in severity and therefore fetch different settlement amounts. For instance, a person that suffered whiplash injuries should expect to receive less settlement compared to another one with head injury, or spinal injury.

Below are examples of settlements for minor car accidents in California.

According to Aaron Feuer, a car accident attorney, the average settlement for a minor car accident due to a collision is around $3,000 in California.

Recommended reading: Automobile Insurance Information Guide-car accident in California

From another source I was able to explore, the average personal injury settlement claim is around $52,900. If you suffered minor injuries, expect a settlement between $3,000 and $75,500.

Finally, a study done by Nolo established the fact that the average settlement for a car accident with no injuries is around $16,000 whereas the average settlement is around $30,000 if you sustained injuries.

How much is a rear-end settlement in California?

A rear-end crash occurs when one vehicle hits the rear end of the car that is in front.

According to the Becker Office of injury lawyers, “at least more than 2.5 million car accidents here in the USA are rear-ended accidents”. From the same data source, rear-end accidents account for more than 28% of all crashes in the USA.

How much are rear-ended settlements in California course depends on many factors, some I already explained in this article.

“The average settlement for a minor rear-end car accident where there are no injuries ranges between $12,000 and $22,500 in Califonia”, says Mike Morgan an accident attorney.

“If there are injuries involved in the rear-end car accident, the average settlement is somewhere between $60,000 to $250,000”, concludes Mike Morgan.

From my own research, hiring an experienced car accident attorney increases your chances of receiving a settlement offer that is almost 5X higher.

What is a good car accident settlement offer?

Different auto accidents result in different damages and injuries. What you will receive as a car accident victim depends on those 2 factors and other different circumstances of the accident. 

According to the law of indemnity, your insurance compensation should help in restoring you to your prior financial position. In short, no one should gain financially from an insurance settlement.

An insurance company will evaluate and assess your losses or damages and compensate you according. This is the reason you need to hire an experienced car accident attorney to assess your losses and claim accordingly.

If you asked a car insurance broker, the answer would be that “a good car accident settlement offer depends on the severity of the accident, personal injuries, medical bills, lost wages, pain and suffering, and emotional distress. 

According to different car accident settlement surveys done, 16% of car accident settlement claimants receive $3,000 or less, and only at least 10% receive $25,000-$50,000.

In my own opinion, a good car accident settlement is one that covers your medical expenses, property damage, and time off from work. It should adequately cover your losses and expenses that arose from the auto accident you were involved in.

You should remember that any auto insurance goal is to save money and pay as little to their clients. If you are unsure of how much to ask for, consider seeking legal advice.

You should also think of the fact that personal injury lawyers, or car accident attorneys charge 30-40% of your settlement if hired them to negotiate on your behalf. If you expect a small amount of car accident settlement offer, I recommend not hiring a lawyer.

Factors that affect car accident settlements in California

Yes, I know I have already touched on this question. I thought answering it separately in detail would also help others especially if you are living in California. 

The following are factors that affect car accident settlements in California.

1. Severity of injuries. This is obvious, right? the more the severe the bodily injuries, the higher are medical expenses and damages and hence higher overall settlement amounts.

2. Medical Bills. Yes, there are a couple of damages you may be entitled to if someone caused the accident you were involved in. In most cases, your medical bills may constitute more than 50-80% of the total payout you will receive from an insurance company.

3. Lost wages. You will receive significantly higher settlement payouts if the accident kept you off your work/job for a long time. 

4. Property damages. If your car had severe damages or you lost many valuables as a result of the crash, you should expect higher car accident settlement amounts.

5. Insurance coverage. statistics have shown that more than 14% of Americans drive uninsured or are underinsured. You should expect small settlement amounts if the driver that hit you fall in the above 14% of Americans.

6. Type of injury. Some specific injuries fetch higher settlement amounts compared to others. For instance, expect a high payout if you suffer let’s say spinal injuries or traumatic brain injuries.

7. Mode of settlement. Did you hire a lawyer or not? did you settle through mediation, or you filed a lawsuit? Did you negotiate directly with the insurance company? all those will affect your settlement offers.

Calculating Compensation for car accident injuries in California

If you are considering filing a claim for your settlement in California, there are many things you need to consider. 

For example, some damages have claim caps while others are open, depending on the severity of losses and damages you incurred.

The damages you are entitled to after an accident falls under the following:

1. Special damages. These are damages that can easily be assigned a dollar value. Examples of special damages include lost wages, medical bills, etc

2. General damages. You cannot assign a monetary value to these damages. Examples include emotional distress, and pain and suffering.

3. Punitive damages. You will receive punitive damages only if you filed and won a lawsuit. 

Punitive damages are intended to punish the defendant if he is found to have acted intentionally, or maliciously or if the defendant exhibited a high degree of negligence. 

Punitive damages are awarded to deter the community or others from committing the same crimes. 

4. Trebble damages. These are also a form of punitive damages based on intentional and outrageous acts. They are also awarded by courts of law.

Finally, your final car accident settlement = compensatory damages + punitive damages + treble damages.

Your legal officer should help you asses what amount of settlement you need to claim by deeply assessing your losses and damages.

Conclusion.

Determining how much you will settle for in a car accident in California is a complex process that needs various factors. I highly recommend speaking to the legal officer or seeking representation if you to receive adequate compensation.

Remember to document all expenses and losses related to the accident and be prepared to negotiate with tough insurance companies. By following the tips I provided in this article, you will surely have a chance of getting the amount that should cover your losses.

Source/ References

1. Becker offices of injury lawyers. Website: https://beckerlaw.com/blog/2-5-million-rear-end-collisions-every-year-make-common-type-crash/#:~:text=Nearly%202.5%20million%20rear%20end,can%20be%20done%20about%20it%3F

2. Special damages. Website: https://www.law.cornell.edu/wex/special_damages#:~:text=In%20contract%20law%2C%20special%20damages,by%20the%20Wex%20Definitions%20Team%5D

3. whiplash injuries. Website: https://www.hopkinsmedicine.org/health/conditions-and-diseases/whiplash-injury#:~:text=What%20is%20a%20whiplash%3F,and%20tendons%20in%20your%20neck.