Most people aren't trying to get into an accident in the sense that they've placed it on their calendar. The reality is that accidents just happen. So what we have to do is start thinking about what we need to do after the accident is over. In many cases, you might hear about mediation and have additional questions. For example, what happens at mediation for an auto accident?
We want to put your fears at ease, especially if you're concerned about someone taking you to court over a car accident. We'll go over what mediation means and why it's so different from what we understand about the litigation process.
After an Accident
First and foremost, understand that your car insurance is there to take care of you and the damage to your vehicle. They may even cover a tow truck coming to the scene of the accident.
There are two main types of car accidents in the eyes of your insurance company: at fault and not-at-fault accidents. If you get into a car accident, one of the first things that you'll want to do is check on all parties involved at the scene. If you can take photographs safely, you should definitely do that while all of the details are very fresh.
If there are witnesses at the scene, getting their contact information is also important. You might not have anyone willing to step forward as a witness, but if you do, it's always good to have a third party ready to tell the police and insurance companies how things happened from their point of view.
This auto insurance tip is even more important in the winter, as car accidents are more serious in rough conditions.
The Importance of Filing an Insurance Claim
Filing an insurance claim is essential, both with your insurance and with the insurance companies of the other parties involved in the accident. Any insurance company that may need to pay for damages will want to be notified about the car accident, even if they don't ultimately have to do so based on the facts of the accident.
Getting checked out after an accident is a personal decision, but it never hurts to have a medical professional document that they saw you after a car accident. It can be especially important to do if your insurance drops you after an accident, as a medical professional can provide documentation of your injuries for a claim appeal.
Where Litigation Steps in
Litigation is one of those areas of the law where most people assume the worst. It's about winning at all costs, not trying to get the best outcome for everyone. The truth is that litigation should not be the first option you go to after a car accident.
A bad car accident can leave you wanting to go after the other people for as much as you can get, whether that is destructive or not.
Lawsuits Enrich Lawyers, Not People
The truth is that litigation is a bad idea because it is extremely expensive, especially when it drags out for a while. Lawyers are paid on an hourly or fee basis, and their expertise isn't cheap to acquire.
Many require retainer agreements. While it's true that you can also find lawyers that will take your case without an upfront fee, the reality is that you're still paying for the service. If you get a judgment, then the lawyer will simply take their fee from the settlement before you get anything.
Either way, litigation is time-consuming, costly, and stressful. What if there was a way to make sure that you got your needs met without having to assume the other party needs to be destroyed at all costs?
Enter mediation.
Mediation Is for the Best Interests of All Parties
Mediation is not litigation. Instead of meeting in the courtroom, you're meeting in a comfortable office location. The aim is to work out a solution that honors all parties involved. That means mediation has its own set of concerns, but it is not as stressful as going in and out of the courtroom.
You and the other party will sit with the mediator, who is committed to helping everyone reach a mutual decision. The goal is to do everything possible to avoid going to a trial, which is generally much more expensive. You're not sitting with lawyers but with a mediator. They aren't going to judge the outcome or suggest one thing over another.
Mediation Requires Mutual Agreement
Remember, the key to mediation is that both parties agree to meet with the mediator. It doesn't work if one party is hesitant or decides they still want to launch the lawsuit.
The mutual agreement requirement facilitates conversation: if both parties agree to talk with a third party present, it is a sign that they want to try to smooth things out before they jump into a legal battle.
Your Rights Are Preserved
The focus of mediation is to look at the evidence and try to get to an outcome that satisfies everyone. In the case of a car accident, the most common dispute is who is actually at fault and who will be paying for the damages. If you feel you aren't at fault and the other person thinks you are, you have to resolve that first before you can move forward.
The mediator is there to help look through the evidence. After a car accident, there's a lot of material to review, from the police report and photos from the scene to the statements from the witnesses.
You aren't losing anything by looking at mediation first. It can be difficult to leave the emotions out of things after an accident. After all, your life is disrupted. However, that's where the mediator really shines. They can help you focus on the issues without bias.
Should you resolve with the mediator?
As mentioned, it does not hurt your rights to litigation to seek mediation first. It's much less stressful to try to work out a solution that benefits everyone.
If you've been injured after a car accident, then it's natural to want compensation for any missed work or medical bills. Instead of seeking to punish the other party for the accident, mediation encourages seeing the humanity in the other person.
You can absolutely have a peaceful resolution with the mediator so you can move on with your life.
Mediation Is a Two-Way Street
We wanted to lay out what you expect with mediation since it's something that gets discussed a lot. Personal injury mediation is actually growing in popularity as it means the matter can be settled faster, and you can get back to your normal life.
Deep down, most people don't want to argue back and forth. They just want to be taken care of.
If you decide to go for mediation, remember that the other person was living their life at the time of the accident, just like you. It helps to form a human connection and realize that accidents truly are just that: accidents.
Of course, if mediation is just completely unworkable or the other party doesn't agree to it, you will need to follow up with litigation.
Luke Williams writes and researches for FreeAdvice.com. His passions include best practices for insurance, car ownership, and other ways people can drive with peace of mind.
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