Legally Reviewed By: Robert M. Knowles
Attorney & Partner At Knowles Law Firm
When involved in an accident, it’s crucial to follow proper procedures rather than accepting cash offers on the spot. Verbal agreements can be risky and difficult to prove, which is why it’s important to document everything and seek legal advice to ensure you can hold the at-fault driver accountable.
A relatively common occurrence after a car accident in Nebraska is the at-fault driver offering to pay cash instead of involving insurance companies. While this may seem like the simplest solution, it is important not to accept this type of offer. The offer may fall through, the driver may give you false information or it may not properly compensate you for the full extent of your losses. Take the following steps if you find yourself in this position after a car accident in Omaha.
Introduction to Car Accident Claims
When a car accident occurs, it can be a stressful and overwhelming experience, especially when dealing with the aftermath. One of the most critical aspects of handling a car accident is navigating the insurance claims process. Understanding the basics of car accident claims and how to proceed can help ensure that you receive fair compensation for your losses.
First and foremost, it is essential to report the accident to the police or insurance companies. This step creates an official record of the incident, which is crucial for any subsequent insurance claims. The role of an insurance company in the claims process is to investigate the accident, determine liability, and negotiate a settlement that covers your damages. By involving the police or insurance companies, you can ensure that the accident is documented accurately and that you have the necessary support to seek compensation for your losses.
Understanding At-Fault Driver Offers
If you are involved in a car accident, the at-fault driver may offer you cash to settle the claim. While this might seem like a quick and easy solution, accepting cash from the at-fault driver can be a bad idea. Such offers often do not accurately reflect the full extent of your damages, including medical expenses, lost wages, and vehicle repairs.
Accepting a cash offer can leave you vulnerable to hidden costs and complications down the line. It is essential to understand the risks involved and consider seeking legal assistance before making a decision. Consulting with an experienced attorney can help you navigate the complexities of the situation and ensure that your rights are protected. An attorney can provide valuable advice on whether the cash offer is fair and help you pursue a more appropriate settlement through the proper channels.
Don’t Admit Fault
First, don’t admit any fault for the car accident. Even if you believe that you caused or contributed to the crash, don’t say this to the other driver. Do not be concerned if the other driver doesn’t admit fault, either. This is common advice given to policyholders by car insurance companies. Instead of admitting fault, collect the at-fault driver’s insurance info and wait for an official investigation of the car accident by the police or an insurance company to piece together how the car accident occurred.
Exchange Information
Exchange information with the at-fault driver. Proper documentation, including official documentation, is crucial when dealing with a car accident claim. The information that you record should include the driver’s full name, address, phone number, a description of his or her vehicle, and the driver’s auto insurance information. If the driver refuses to give you any of this information, as he or she is required to do by law, call the police.
Importance of Documentation
Proper documentation is crucial when dealing with a car accident claim. This includes gathering evidence from the accident scene, such as photos of the vehicle damage, contact details of witnesses, and any other relevant information. Additionally, keeping records of your medical expenses, lost wages, and other related costs is essential to support your insurance claim.
Having thorough documentation can significantly strengthen your case and help ensure that you receive fair compensation for your losses. Make sure to organize all the evidence systematically and keep copies of everything. This will not only help you during the claims process but also provide a clear and comprehensive record of the incident and its impact on your life.
Politely Decline a Cash Offer
If the other driver admits fault and offers you cash to settle things, politely decline. Offering cash for a car accident is not illegal; there is no reason to get angry or report the other driver to the police for making the offer. However, it is generally not in an accident victim’s best interest to settle a case this way. It is extremely unlikely that the other driver will offer enough cash to cover the full value of your losses, which may include:
- Emergency room fees
- Surgeries
- Medications and medical devices
- Physical therapy or rehabilitation
- Car repairs
- Lost wages
- A rental car
Internal injuries and hidden damages may not be immediately apparent, making it risky to accept a cash offer.
In addition, there is usually a reason why a driver offers cash instead of going through an insurance company. The driver might not have insurance or might have been breaking the law at the time of your car accident, such as by driving drunk. If you are made a cash offer, politely explain that you wish to involve your respective insurance companies to make sure that you are properly compensated for your losses.
Report the Crash to the Police
In Nebraska, the law requires you to call law enforcement to report a car accident if it involves injuries, deaths, or property damage exceeding $1,499 to any one person’s vehicle. You must fulfill this requirement regardless of which driver caused your crash. Reporting the accident to the police ensures that a police report is created, which is crucial for legal and insurance purposes. Never accept a cash offer in exchange for not reporting a serious car accident. If you accept a cash offer from the at-fault driver in exchange for agreeing not to call the police when you are legally required to do so, you could face fines and penalties.
Seeking Medical Attention
If you are injured in a car accident, it is essential to seek medical attention as soon as possible. Not only is this crucial for your health and well-being, but it also helps to establish a record of your injuries, which can be used to support your insurance claim.
Prompt medical attention ensures that any injuries are diagnosed and treated early, preventing potential complications. Additionally, medical records serve as vital evidence in your insurance claim, documenting the extent of your injuries and the necessary treatments. Make sure to follow through with all recommended medical treatments and keep detailed records of your medical visits, prescriptions, and any other related expenses.
File an Insurance Claim
Once you have been to a hospital in Omaha for your car accident injuries, contact your car insurance company to make an initial claim. Give your car insurance company the other driver’s insurance information. Since Nebraska is a fault-based state, the at-fault driver is financially responsible for paying for your losses. Your car insurance company will investigate the accident and seek fair financial compensation from the other driver’s insurance company on your behalf.
Even if the process takes longer than accepting a cash offer, involving an insurance company is the best way to recover financial compensation for the full value of your car accident. If you find out that the at-fault driver does not have insurance or run into other complications during the claims process, contact an Omaha car accident lawyer for assistance in filing a personal injury claim.
Benefits of Consulting a Lawyer
Consulting with a lawyer can be beneficial when dealing with a car accident claim, especially if the at-fault driver’s offer does not accurately reflect the full extent of your damages. A lawyer can help you navigate the complex insurance claims process, ensure that your rights are protected, and work to secure fair compensation for your losses.
An experienced attorney can provide valuable guidance on the best course of action, handle settlement negotiations, and represent your interests in any legal proceedings. By consulting a lawyer, you can have peace of mind knowing that you have a knowledgeable advocate on your side, working to achieve the best possible outcome for your case. If you need assistance with your car accident claim, consider reaching out for a free initial consultation at (402) 431-9000 or complete a contact form to discuss your legal options.
About Our Attorney
Robert M. Knowles
Attorney & Partner at Knowles Law Firm
Robert has tried cases in both state and federal courts and was selected as one of the top 100 litigation lawyers in Nebraska for 2014 by the American Society of Legal Advocates. Less than 1.5 percent of lawyers nationally are selected for this recognition. He is rated AV by Martindale-Hubbell which is the highest rating an attorney can obtain. He was also selected by Martindale-Hubbell as a 2019 Top Rated Lawyer.