What should you do if an at-fault driver wants to pay out of pocket for an accident? While it may seem easy to get what you need, it usually hardly covers the total damage expenses you will shoulder. This is why it is crucial to avoid accepting cash at the scene, especially without proper legal guidance.
If you have encountered similar situations, this article will help you understand what you will miss if you accept an upfront payment at the scene and how to protect your legal rights.
Is Offering Cash at the Scene of an Accident Legal?
California law obligates at-fault parties to cover the damage expenses of a victim sustained in a crash they have caused. So, it is legal if the driver offers you cash at the scene. Similarly, you can legally accept the offer if you think the amount is reasonable.
However, note that if you accept the cash, you are lifting the driver’s financial responsibility for your damages. You can no longer claim damages if you encounter further losses after receiving the money. This is why accepting a driver’s compensation at the scene is generally not a good idea.
Why Do Drivers Offer Cash at the Accident Scene?
Drivers may offer cash at the accident scene for several reasons, including:
- Many individuals in minor accidents settle the matter privately rather than involving insurance companies.
- They are concerned about increased premiums on their insurance.
- They have violated the law, meaning they can have potential points on their driving record.
- They are uninsured or have limited insurance.
- They are avoiding the legal and financial consequences of a formal claim.
While accepting cash settlements is quicker and more convenient for resolving incidents, the payment in such cases hardly compensates for your overall losses. It is best to seek legal advice from experts who can calculate your total damages and fight for maximum compensation.
At-Fault Driver Wants to Pay Out of Pocket, Should I Accept?
Should you accept if an at-fault driver wants to pay out of pocket for an accident? The simple answer is no. It’s generally a bad idea to receive cash upfront at the scene without consulting lawyers first for the following reasons.
You Haven’t Determined Your Overall Damages
Determining your overall damages means two things: you assess the extent of your injuries and other damages, and you determine how these damages significantly impact your lives. You can’t examine both factors at the accident scene. So, if you accept the cash, you won’t get the total losses you are entitled to.
Imagine you’re involved in a pedestrian accident and suffer a permanent leg injury that prevents you from enjoying your hobbies. In this case, you could pursue compensation not only for medical expenses but also for the loss of life enjoyment. Compensation types include:
Economic damages are tangible losses that can be proven through receipts and other documentation. Examples include:
- Medical expenses, including ongoing treatment
- Vehicle repairs
- Lost wages and future income
Non-economic damages are non-financial or emotional losses caused by the accident. This can be in the form of:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship
Punitive damages are additional awards the court imposes if the at-fault party acted recklessly or intentionally.
Calculating non-economic damages is challenging since they aren’t backed by receipts or documentation. However, our California personal injury lawyers assess these intangible losses to ensure you receive the maximum compensation. We conduct thorough evaluations to provide fair estimates for pain, suffering, and other non-economic damages, helping you secure a comprehensive settlement.
This process ensures that you recover not just financially but also emotionally, allowing you to move forward from the accident and regain control over your life.
You May Experience Late-Appearing Injuries
In some cases, accident victims experience late-appearing injuries like whiplash, back injuries, and spinal cord damage. Generally, it’s impossible to file a case once you’ve accepted a settlement offer, even if new injuries emerge.
This is why seeking medical assistance and diagnosing your overall injuries is crucial before accepting compensation from the at-fault driver. Assess any post-accident symptoms, such as headaches, numbness, and pain, before agreeing to a settlement to avoid missing compensation for late-appearing injuries.
Accepting the Offer Limits Your Ability to File a Claim
When you accept a settlement offer, you are giving up your right to seek additional compensation in the future. Once you agree to the terms, you usually won’t be able to pursue further claims, even if new injuries or damages related to the accident arise later on. So, if you accept cash from the liable party at the accident scene, you are freeing them of responsibility for the car accident, regardless of whether you experience further losses after settling.
Remember that the compensation you receive from the accident will significantly help you recover from the damages you sustain. So, the maximized the settlement you receive, the better it will help you get the life you once had financially, physically, and emotionally. We recommend contacting an accident attorney before accepting monetary compensation to avoid downplaying the damages you sustain and receiving a reduced settlement.
What Do I Do When the At-fault Driver Wants to Pay Out of Pocket?
If you are offered cash at the scene, follow the steps below to ensure you aren’t taken advantage of and your rights are protected.
- Stay calm and avoid arguing with the other involved party.
- Call 911 and report the accident.
- Gather evidence by documenting the accident details, including photos, witness contact information, and other relevant records.
- Be aware that accepting a payment may restrict your ability to pursue additional compensation in the future. Verify that the at-fault driver has sufficient financial resources to cover your current and potential future expenses. Ask for the contact and insurance information at the scene.
- Seek expert advice from a personal injury lawyer before accepting any settlement offer.
Why Do I Need to File a Car Accident Claim?
A personal injury claim allows victims of accidents to legally pursue compensation for the injuries, losses, and damages caused by another party’s negligent or wrongful actions. This legal action seeks to recover costs associated with medical bills, property damage, lost wages, emotional distress, and other non-economic damages resulting from the incident.
While you can receive compensation from the insurance provider directly, they often don’t consider the overall damages to reduce the money they will release. For example, if they discover that you have leg injuries, they will try to quickly offer a settlement covering your past and current expenses without including the costs of future medical treatments and rehabilitation.
When you file a car accident claim, your attorney will handle all the legal aspects of the case, such as gathering evidence, calculating damages, and negotiating with insurance providers. With their knowledge and experience, you’ll have the leverage to maximize your payout without needing the actual work. The only thing you’ll need to do is recover from your injuries.
What If the At-Fault Driver Is Underinsured?
Most uninsured drivers will want to pay out of pocket at the scene to avoid further financial complications. Usually, if the police discover that they lack insurance while driving, they’ll face additional penalties aside from the compensation they owe you.
If the liable driver is uninsured, you have the following legal options to secure a settlement for your case:
- Use your Uninsured/Underinsured Motorist (UM/UIM) coverage to supplement your recovery if available in your insurance policy.
- File a lawsuit against the at-fault driver to seek compensation for the damages. However, this can be challenging. Since they lack the financial resources to secure insurance, they may have limited capacity to pay your damages through a lawsuit.
- Explore alternative avenues for compensation, such as pursuing the driver’s assets. However, this may be difficult and depends on their financial situation.
When you hire our California car accident lawyers, they will assess your situation, determine the best legal options, and manage your case throughout the legal process. With their legal guidance, you’ll avoid losing your case and be able to seek fair compensation in the most appropriate and accessible way possible.
Should I Call the At-Fault Driver’s Insurance Company?
When another party is liable for your damages in a car accident, you’ll need to communicate and negotiate with their insurance company when claiming compensation. However, while it is necessary for car accident claims, dealing with the insurance company can be challenging and overwhelming, especially if you lack knowledge about the legal process.
This is why it is crucial to hire a car accident attorney to handle all communications with the insurance provider, from gathering evidence to prove your case to representing you in court if needed.
Negotiating can be stressful, and with the help of a legal expert, you won’t have to deal with this unnecessary stress and focus on what matters most – your recovery.
Do I Need a California Car Accident Lawyer When Filing a Claim?
Reopening the case becomes unlikely once you accept cash at the accident scene. However, a personal injury lawyer can identify any loopholes or instances of bad faith by the driver or the insurance company that may allow the case to be revisited.
Overall, our California car accident lawyers can do the following to defend your rights and ensure you are getting the justice you deserve:
- Collecting sufficient evidence: A lawyer can gather and analyze evidence from the accident scene, including witness statements, police reports, and medical records.
- Proving the negligent party’s liability: An attorney can help determine who was at fault in the accident and build a solid case to prove negligence.
- Evaluating the total damages: A lawyer can assess the full extent of your injuries and damages, including medical expenses, lost wages, and property damage.
- Negotiating with the insurance company: A lawyer can negotiate to get you the compensation you deserve.
- Representing you in court, if necessary: If negotiations fail, a lawyer can represent you in court to ensure your rights are protected.
By hiring an experienced car accident lawyer like Jacoby & Meyers, you can get expert guidance and support throughout the legal process. We offer free consultations and immediate legal advice – contact us at 800-500-0000 today.
Hear From Our Past Clients
While many law firms make similar claims, we stand out by delivering genuine results for our clients. We’re proud of our work and invite our satisfied clients to share their stories, providing a testament to our commitment to excellence.
“Kara Rooney was a pleasure to work with. She handled my case efficiently and quickly. She has great energy, is always on top of things, and prioritizes my well-being above all else. I’m so glad to have had the opportunity to work with such a skilled and understanding lawyer. She was honestly the best of both worlds. Kara kept me informed and explained everything to me so I knew what was happening and why. I will definitely be recommending her to friends and family. She was an absolute star 🌟🌟🌟🌟🌟” – Sanah H.
Frequently Asked Questions
Do you have further questions regarding car accident claims? We got you! Here are some frequently asked questions from injured auto accident victims that may help explain some aspects of your case.
- Will My Driving Record Affect My Car Accident Settlement?
- Step-by-Step Guide to Reporting a Car Accident in California
- How to Claim Compensation for PTSD from Car Accidents
- Should I Hire a Car Accident Lawyer for a Minor Accident?
- Should I Go to the Hospital After a Car Accident Even if I’m Not Hurt?
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