It’s not always obvious who is at fault in a car accident. As such, it’s typical for both parties to have a dispute about who should be held liable, which is why most car accident cases end up in court. But if both parties can reach an agreement, resolving the dispute out of court is better. Going to court to get compensation after a car accident is time-consuming, costs money, and can be very stressful. So, keep reading to learn how to resolve a car accident dispute out of court.
Negotiate an Agreement with the Other Party
Resolving a car accident dispute in or out of court has its pros and cons depending on the circumstances surrounding the case. As such, it’s best to hire a car accident lawyer in Wichita, KS, to get legal guidance on the best option for your case.
But if you decide to resolve the car accident dispute out of court, try negotiating it with the other party. When negotiating, both parties need to reach an agreement on who is at fault in the first place. Most cases get dragged to court because no one wants to admit guilt. If you’re both able to reach an agreement on who is at fault, then you can start negotiating a settlement.
The negotiation should involve how much compensation should be paid for the damage and when the payment should be made. Note that when negotiating, it’s important to always use the phrase “without prejudice,” as this ensures whatever settlement offer you make can’t be used against you if the dispute eventually goes to a court hearing. If you need help with negotiating the terms of the settlement, then hire a car accident lawyer.
Choose Mediation as an Alternative
Most times, trying to resolve a car accident dispute with the other party out of court by negotiation does not always end in a resolution. In such cases, if you are still interested in resolving the dispute out of court, then you can consider trying mediation. With mediation, you hire a mediator or a neutral person to try to settle the dispute.
A mediator can be anyone who won’t be biased about the case and can give legal advice as well, such as a car accident lawyer. The mediator can help both parties talk to each other as well as offer a possible solution that favors everyone. If an agreement is reached, it should be put down in writing, and you can agree to make it legally binding.
Document Everything
Finally, when resolving a car accident out of court, it is important to document everything. When you don’t have proper documentation of the terms of the settlement, it can lead to even further disputes. So, when you reach an agreement, it’s a good idea to put the agreement in writing. There is no set form or format for what the terms of settlement should be. However, whatever agreement you both decide will be favorable, put it down in writing.
