Following a car accident that left you injured, you might have problems recovering compensation from the at-fault driver and their insurance company. Insurance companies operate as for-profit entities and strive to avoid or reduce claims even when they are valid. If the insurance company has refused to offer a fair settlement, and you’ve reached a stalemate in your negotiations, mediation for a car accident might be a good option.
What Is Car Accident Mediation?
Mediation for a car accident is an out-of-court process used to resolve disputes. Instead of appearing before a judge and jury in a formal trial, mediation involves meeting with a third-party mediator, a neutral person trained to facilitate resolutions between parties.
At mediation, the mediator will meet with you and your lawyer and then will meet with the defendant, their attorney, and their insurance company’s representative. The mediator will present arguments from each party to the other and work with them to try to reach an agreed-upon settlement to resolve the dispute.
If you reach a mediated agreement, your attorney will work with the other lawyer to draft a settlement agreement that accurately memorializes what you and the defendant agreed to at your mediation for a car accident. Once everyone agrees that the mediated settlement agreement is accurate, both parties will sign. The insurance company will then send a check to your attorney, who will pay any medical bills and legal fees and then give you the rest. This will end your lawsuit, and you won’t have to go to trial or engage in further negotiations.
If you don’t reach an agreement at mediation, you can continue out-of-court negotiations and take your case to trial.
When Is Mediation Appropriate?
Mediation for a car accident might be a good idea in the following situations:
- The insurance company has made an offer, but it’s too low.
- You need an opportunity to present evidence and explain why the insurance company should agree to settle fairly instead of risking a trial.
- The insurance company appears to be operating in good faith, but you haven’t reached an agreement despite your best efforts.
- You want to resolve your claim faster and with less uncertainty than going to trial.
In any of these situations, your attorney will talk to you about whether mediation is a good option and explain the benefits and risks of various resolution methods.
When Is Mediation Not Appropriate?
Car accident mediation might not be a good idea in the following situations:
- There is a significant difference in power between the parties, such as if you are representing yourself against an insurance company instead of working with an experienced personal injury lawyer.
- The insurance company is not operating in good faith.
- Your injury claim is very complex or involves multiple parties, such as in a multi-collision vehicle accident on the interstate or when you have suffered permanently disabling injuries.
- You’re close to the end of the deadline for filing a lawsuit under Missouri’s statute of limitations and haven’t filed yet.
Your attorney will explain the potential drawbacks of mediation and advise you on your decision.
Who Pays for Car Accident Mediation?
The cost of mediating a car accident claim is typically split by the parties. This means that you and the defendant will each pay for half the cost. Your attorney will likely cover the cost and include it in your legal costs and fees when paying your expenses from a future settlement payment.
Consult a Knowledgeable Car Accident Injury Lawyer
If the at-fault driver’s insurance company has made an offer, but you believe it isn’t enough to pay for your losses, mediation might be an option to resolve your case. The experienced car accident lawyers at the Law Offices of Bryan Musgrave can review the evidence in your case and explain whether going to mediation might be a good idea or if you should instead pursue your claim through the court process. Call us today to schedule a free consultation at 417-322-2222 or contact us online.