If you’ve been involved in a car accident, you know how overwhelming the aftermath can feel. Between mounting medical bills, missed workdays, and persistent calls from insurance adjusters, many accident victims feel pressured to accept the first settlement offer they receive. But rushing to settle can leave significant money on the table.
At The Law Offices of Peter Briskin, P.C., we understand that a serious accident isn’t just a legal matter — it’s a life-changing event. Our experienced car accident lawyers have helped injured victims across New Jersey and New York recover maximum compensation for their injuries, medical expenses, lost wages, and emotional distress.
In this step-by-step guide, we’ll walk you through how to get more money from a car accident settlement — empowering you to protect your rights and secure the financial recovery you deserve.
Avoid Accepting Early Settlement Offers
After a car accident, it’s common for an insurance representative to reach out with a quick settlement offer. While it might seem tempting to accept fast money during a stressful time, these early offers are almost always lower than what you are entitled to.
Why it matters:
Insurance companies are businesses — their goal is to minimize payouts, not to fully compensate accident victims for their injuries, medical costs, and emotional distress. An early settlement rarely covers future medical expenses, lost income, or ongoing treatment needs.
Action step:
Remain polite, but firm. Thank the insurance adjuster for their offer, and let them know you are still assessing the full extent of your damages. Avoid signing anything or making statements that could be used against you later.
Tip: If you’re unsure whether a settlement is fair, it’s always wise to schedule a free consultation with an experienced car accident attorney who can review your case and advise you.
Seek Immediate Medical Attention
Even if you feel “okay” after a car accident, seeking immediate medical care is crucial — not just for your health, but also for the strength of your personal injury claim. Insurance companies often use delays in medical treatment to argue that your injuries aren’t serious or weren’t caused by the accident.
Key tip:
Early medical records provide critical evidence linking your injuries directly to the accident scene. Without prompt documentation, insurers may dispute your car accident injury settlement or deny parts of your claim altogether.
Follow-through:
It’s not enough to attend the emergency room once. Complete all prescribed medical treatments, including follow-up appointments, physical therapy sessions, or ongoing treatment for chronic pain. Sticking to your medical plan shows that you took your injuries seriously — and it helps maximize your potential settlement value.
Important:
Make sure every injury and symptom is recorded. Even seemingly minor issues can evolve into more serious conditions, resulting in future medical costs that should be factored into your accident settlement.
Preserve and Collect Evidence
A strong car accident claim is built on solid evidence. The more documentation you have, the harder it is for the insurance company to downplay your injuries or dispute liability.
What to gather:
- Photos: Take clear pictures of the vehicles involved, any visible injuries, the accident scene, road conditions, and traffic signs. Photos captured immediately after the accident can be powerful proof.
- Witness statements: If anyone witnessed the accident, politely ask for their contact information and a brief written or recorded statement. Witnesses can support your version of events if liability is contested.
- Police reports: Always call the police to the accident scene. The official report can provide critical evidence of fault and the circumstances surrounding the crash.
Why it matters:
Insurance adjusters and legal teams look for inconsistencies or missing details to weaken your claim. Having comprehensive evidence helps demonstrate that you are an injured person who deserves fair compensation for medical expenses, lost wages, property damage, and emotional distress.
Calculate Total Damages Accurately
When negotiating a car accident settlement, it’s important to account for all your losses — not just the obvious ones like medical bills or car repairs. A truly fair settlement reflects both your immediate and future financial needs, as well as your pain and suffering.
Key damages to include:
- Medical expenses: Current hospital bills, physical therapy sessions, prescriptions, and anticipated future medical costs for ongoing treatment.
- Lost wages: Income lost during your recovery, as well as potential future earnings if your injuries impact your ability to work long-term.
- Pain and suffering: Physical pain, emotional distress, anxiety, depression, loss of enjoyment of life, and the psychological impact of living with injuries.
- Property damage: Costs to repair or replace your vehicle and any other personal property damaged in the accident.
- Transportation costs: Travel expenses for medical appointments or treatment sessions.
Tip:
Be thorough. Many car accident victims forget to account for future medical expenses or ongoing treatment needs, leaving them undercompensated when unexpected bills arise.
Why it matters:
Insurance companies often focus only on immediate medical bills when calculating settlement offers. By fully documenting all categories of damages, you strengthen your case for maximum compensation.
Draft a Persuasive Demand Letter
A well-written demand letter is one of the most powerful tools in the settlement process. It tells your story, lays out the facts, and backs up your claim with evidence — all while setting the tone for negotiations.
What to include in your demand letter:
- Accident details: Start with a clear summary of how the accident happened, who was at fault, and how it impacted your life.
- Injuries and treatment: Describe your injuries, the medical attention you received, and your ongoing treatment needs.
- Documentation: Attach copies of your medical records, bills, receipts, proof of lost income, police reports, and photos. This evidence supports your damages claim.
- Settlement figure: Include a dollar amount that reflects your total damages. It’s smart to start higher than your target number to allow room for negotiation — but the amount should still be supported by your evidence.
Tone matters:
Keep your letter professional, factual, and firm. Avoid emotional language or exaggeration. The goal is to show that your case is strong, well-documented, and that you’re serious about receiving fair compensation.
Bonus tip:
If you’re working with a car accident attorney, they can craft a demand letter that’s tailored to your case and backed by legal strategy — often prompting faster, better offers from insurance adjusters.
Negotiate Strategically
Insurance companies rarely offer a fair settlement upfront — and negotiating effectively can make the difference between a lowball payout and the full compensation you deserve. This is where preparation, persistence, and documentation pay off.
Smart negotiation tactics:
- Request justification: If the insurance adjuster offers a low settlement, ask for a detailed explanation. Then, respond with evidence — updated medical records, proof of lost income, and any ongoing treatment needs.
- Stay calm and consistent: Never admit fault or speculate about your injuries. Keep your statements factual and avoid getting emotional or confrontational.
- Reinforce your position: Continue submitting updated records or witness statements if they support your case. This keeps the pressure on the insurance company to settle fairly.
Avoid common pitfalls:
- Don’t rush. Insurers may try to wear you down with delays, but patience often leads to better outcomes.
- Don’t accept verbal promises. Always get offers in writing and review them carefully before agreeing.
Why it matters:
Insurance adjusters are trained to settle claims for as little as possible. But when you respond with clear documentation, confident communication, and an understanding of your rights, you shift the power back to your side.
Consult a Car Accident Attorney
While it’s possible to handle a minor car accident claim on your own, more serious cases — especially those involving injuries, extensive medical treatment, or disputed liability — often require the help of an experienced car accident lawyer.
Why legal help matters:
- Stronger negotiations: Attorneys know how to handle insurance adjusters and push back against unfair settlement offers. They understand how to value a claim properly — factoring in future medical expenses, emotional distress, and lost income.
- Lawsuit leverage: When an insurance company knows you’re represented by an attorney willing to go to court, they’re more likely to offer a fair settlement to avoid trial.
- No upfront fees: Most personal injury attorneys, including our team at The Law Offices of Peter Briskin, P.C., work on a contingency basis. That means you pay nothing unless we win your case.
When to contact a lawyer:
- You’ve suffered serious or long-term injuries.
- The insurance company denies or delays your claim.
- You’re unsure what your claim is really worth.
- You feel pressured to settle early.
Final note:
Insurance companies have teams of lawyers on their side. You should too. With the right legal representation, you level the playing field — and significantly increase your chances of receiving fair compensation.
Know When to Go to Court
Sometimes, no matter how well you’ve documented your claim or how reasonably you’ve negotiated, the insurance company simply won’t offer a fair settlement. That’s when taking your case to court becomes the next logical step.
Why this matters:
Filing a lawsuit signals that you’re serious — and it can motivate the insurer to increase their offer to avoid the risk and expense of trial. It also opens up access to the formal discovery process, which can uncover additional evidence to strengthen your case.
When it’s time to consider court:
- The insurer refuses to cover all your damages.
- They deny liability despite clear evidence.
- You’re being blamed unfairly for the accident.
- You’ve exhausted all reasonable negotiation efforts.
Be prepared:
If you do go to trial, your success will depend on the strength of your documentation and legal strategy. This is why having an experienced car accident attorney is so critical. They’ll help ensure your case is trial-ready — with expert testimony, medical evidence, and a compelling narrative that supports your demand for full compensation.
Important note:
Not every case ends up in court. But knowing when to walk away from a bad offer — and having a legal team ready to fight — can make all the difference in getting the compensation you truly deserve.
Maximizing your car accident settlement takes more than just filing a claim. It requires preparation, persistence, and often, professional legal guidance. By documenting your injuries, understanding your rights, and pushing back against low offers, you give yourself the best possible chance at a fair outcome.
At The Law Offices of Peter Briskin, P.C., we’ve helped countless accident victims across New Jersey and New York recover the financial compensation they need to heal and move forward. If you’re navigating the car accident settlement process, we’re here to help — with the experience, compassion, and determination to fight for every dollar you deserve.
Call us today at (908) 279-7979 for a free case consultation. Let’s make sure your voice is heard — and your claim is taken seriously.
