Car accident mediation is a form of alternative dispute resolution (ADR) that can help both parties in a car accident case resolve a dispute without having to go to court. Mediation can help claimants resolve conflicts during the insurance claim process, often relating to a disputed settlement offer or the facts of a case. However, mediation may not be available to car accident victims in all circumstances. If you were in a car accident, you are likely hoping to maximize your potential settlement amount and wondering what steps you should take to do so. An attorney can help you think through all your options.
What You Should Know About Mediation
Mediation can help both parties in a car accident share their stories and move forward with a case for compensation. You should know that mediation is:
Legally Non-Binding
Mediation can help both parties resolve their disputes and come to an agreement on what happened in an accident, who is responsible, and what forms of resolution are available. However, mediation is not legally binding.
In this way, mediation differs from arbitration, a related form of alternative dispute resolution (ADR). An arbiter’s decision is legally binding, and parties cannot appeal the determination. Therefore, mediation tends to offer more flexibility for parties to navigate issues in a case.
Managed by Mediators
Fittingly, mediation is managed by mediators, who may be former lawyers or former judges. The mediator should remain neutral as they assist both parties through the process.
You and the other party can select the mediator, so it is important to choose someone who would be a good fit based on your needs in the case.
An Efficient Way to Resolve a Case
Going to trial can be time-consuming and often comes with a great deal of uncertainty. It might take as long as a year or more to resolve your case. But going to trial may not be necessary if both parties can agree on the details of a car accident claim through mediation.
Mediation for Car Accident Claims
In preparation for mediation, both parties in the case will put together and exchange a brief that outlines their request for damages and their arguments. Then, a date for mediation will be scheduled.
The car accident mediation & its process begins with an introductory session that outlines the rights of both parties and officially starts the process. The timeline for mediation sessions could be just a few days or span multiple weeks. During this time, attorneys for each side will present their case. The mediator will work with both parties to attempt an agreeable settlement arrangement. If the process is successful, the mediator will draw up a mediation agreement, which functions like an enforceable contract.
However, the mediator may recommend filing a lawsuit if mediation does not lead to a mutual agreement and the parties continue to defend two very different settlement amounts.
Steps to Take When Considering Mediation
- Know That You Do Not Have to Accept the First Offer
As you may already know, the insurance company’s initial settlement offer will likely be low. Often, it will take mediation, arbitration, or the negotiation process to seek the fair compensation you deserve for your losses.
That said, you do not have to accept the first offer you receive from an insurance company after a car accident. If you are not sure what a fair offer should look like, a Fort Myers car accident lawyer can investigate your case and explain your potential compensation.
- Avoid Making a Recorded Statement
If an insurance adjuster calls you and asks for a recorded statement after the accident, politely decline. This recording could be taken out of context and used to harm your case.
Watch what you say in general about your case, both to an insurance adjuster and online. Posting on social media about the accident could also be used as evidence to challenge your claim.
- Get a Free Case Review
It is often a good idea to get insight from a Fort Lauderdale personal injury law firm after a car accident. An injury law firm can help you understand all your available legal options, from mediation to filing a civil lawsuit.
Is Mediation Required for Car Accident Cases in Florida?
According to Florida Statutes § 627.745, mediation is a requirement for all car accident cases. Either the plaintiff (you) or the defendant (the at-fault driver) can request mediation. No matter who chooses mediation, a lawyer serving Florida can guide you through the process.
If you hire a personal injury lawyer to represent you, they will explain what a mediator does in your insurance claim. They will also explain the potential timeline of mediation and the filing deadlines in your case. They can fight for a fair settlement during mediation sessions.
The Mediation Process for Car Accident Cases Includes Evidence Collection
The at-fault driver’s insurance company will require proof of the policyholder’s negligence. In addition to proof of the accident’s costs, your lawyer will collect, organize, and present the following evidence of its cause:
- Your written statement on the accident and its toll on you
- Statements and smartphone images from accident witnesses
- medical records describing your injuries and their cause
- Dashcam and surveillance videos of the accident itself
- Police reports, including narratives, diagrams, and photos
You do not have to build your case alone. Your lawyer will prove negligence in your car accident case for you so you can focus on getting better.
How a Car Accident Lawyer Can Help With Your Case
If you were injured in a car accident, you could be in serious pain—all while trying to navigate the claims process. However, you do not have to deal with this process yourself. A Fort Lauderdale car accident lawyer can help with every detail of your case, including:
- Preparing you for car accident mediation
- Representing you during mediation
- Collecting strong evidence for your case
- Communicating with insurance adjusters, lawyers, and other parties in the case
- Helping you understand all your legal options
- Negotiating an out-of-court settlement
- Filing a lawsuit and taking your case to trial, if necessary
- Advocating for your best interests and protecting your rights
Does Mediation Produce a Final Decision?
Mediation does not always produce an agreement or a final decision. The hope is that the mediator can help the parties find a middle ground, but this is not always possible. Unlike in arbitration, the mediator does not have the authority to mandate a decision. Instead, if there is no agreement, the case continues to trial.
Courts often require mediation before putting a trial date on the docket. Once the parties notify the court that there was no final decision through the mediation, they will set the case for trial. Each side will present its case to the judge and jury. They listen to the evidence and decide the case.
Our lawyers represent clients from the day they sign a contract for our services until the close of the case. This includes settlement negotiations, mediation, and at trial, if necessary. While we often settle cases without going to trial, we will not advise our clients to accept a too-low payout offer to avoid court. We fight for our client’s best interests.
Get a Free Case Review from the Law Offices of Wolf & Pravato
You have a right to seek fair compensation for your damages after a car accident. The Law Offices of Wolf & Pravato can explain your options for financial recovery. Whether you seek compensation through car accident mediation, negotiations, or a lawsuit, our Fort Lauderdale personal injury attorneys will stand by you as we navigate the process. To learn more, call our team today at (954) 633-8270 for a free case review.
Frequently Asked Questions:
How long does car accident mediation usually take?
It depends. Some mediations wrap up in a single day, while others may take several sessions spread across weeks.
Do I still need a lawyer if I go through mediation?
Yes. A lawyer can prepare your evidence, protect your rights, and negotiate on your behalf to help you secure a fair settlement.
What happens if mediation doesn’t work?
If no agreement is reached, the case usually proceeds to trial. The mediator may also recommend filing a lawsuit if the settlement gap is too wide.
Is the mediator’s decision final?
No. Unlike arbitration, mediation is not legally binding. You only accept a settlement if both parties agree to it.
Who pays for the cost of mediation in Florida car accident cases?
Typically, both parties split the cost of the mediator. However, this can sometimes be negotiated or covered by insurance, depending on the case.
What should I bring to mediation?
Bring evidence such as medical bills, accident reports, witness statements, photos, and proof of lost wages. Your lawyer will usually prepare and organize this for you.
Can the insurance company use what I say in mediation against me later?
No. Mediation discussions are confidential. Anything said during mediation cannot be used as evidence if the case goes to trial.
What if the insurance company refuses to negotiate fairly in mediation?
Your lawyer can take the case to trial and present your evidence before a judge and jury.
Can I reject a settlement reached in mediation?
Yes. You are not obligated to accept any settlement offer. If you feel it’s too low, you can continue negotiations or proceed to court.