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Legal Intellectual

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Q

If I get a car accident consultation, will the settlement amount change?

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I am receiving treatment after a traffic accident, and the other party's insurance company has offered a settlement amount. It is difficult to judge whether the amount is appropriate, so I am considering getting a car accident consultation. I would like to know whether getting a car accident consultation can actually change the settlement amount.

Car accident consultation

A

Answer to Related Inquiry

If you get a car accident consultation, the settlement amount can indeed change, and differences arise depending on the scope of compensation and the calculation criteria.

The settlement amount is not determined unilaterally by the insurance company but is calculated by reflecting various factors such as the ratio of fault, the treatment period, whether there is a residual disability, and lost income during the recovery period.

If, in this process, some items are omitted or reflected in reduced form, an amount lower than the actual figure may be offered.

A car accident consultation is a process of re-examining the settlement amount by the following criteria.

① Checking loss items: Reviewing whether items such as medical expenses, consolation money, lost income during recovery, and future medical expenses are included.
② Reviewing the ratio of fault: Judging whether the fault calculation is appropriate based on the circumstances of the accident and the evidence.
③ Analyzing the possibility of residual disability: Checking whether the possibility of future worsening of symptoms can be reflected.
④ Adjusting the timing of settlement: Reviewing whether the settlement was reached after treatment had sufficiently progressed.

If omitted loss items or underestimated parts are identified in this process, an additional compensation demand is possible, and depending on the case, the settlement amount may increase.

In particular, the initially offered amount is often calculated conservatively, so settling without review can lead to an unfavorable result.

In addition, through a car accident consultation, you can judge whether the currently offered settlement amount is at an appropriate level and, if necessary, prepare for negotiation or even litigation.

Where there is a dispute over the ratio of fault or the treatment period, an expert review can directly affect the outcome of the settlement.

Ultimately, a car accident consultation is a procedure for judging the appropriateness of the settlement amount and expanding the scope of compensation, and the actual settlement amount can vary depending on whether a review is conducted.

We recommend finding a law firm capable of an integrated response by an attorney specializing in traffic accidents and an attorney specializing in insurance, and receiving a consultation.

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