April 2024

Asking whether you have to pay taxes on a car wreck settlement is a good question and shows you’re really thinking about what’s important — how much money you will net on your car wreck claim. The answer is it depends on what type of injury is being compensated.  If you are only getting compensation for personal injuries, then the answer is generally “no.”  Money paid for personal injuries is generally not considered taxable income. However, if you are being compensated for lost wages, then that portion of your damages will be taxable income. Also, the IRS has considered compensation tendered in exchange for a confidentiality agreement to also be taxable income. The IRS rules regarding the taxability of car wreck settlements are primarily based on the Internal Revenue Code (IRS)  and related regulations. Here are some key points to consider when settling your personal injury case: Physical Injury Exclusion: According to IRS Publication 4345, damages received for personal physical injuries or physical sickness are generally not included in gross income. Emotional Distress: The tax treatment of damages for emotional distress depends on whether the distress is related to a physical injury or not.If it is related to a physical injury, the damages are typically treated as part of the non-taxable recovery for the physical injury. If the emotional distress is not related to a physical injury, the damages may be taxable. Lost Wages: Compensation for lost wages is generally taxable as ordinary income, according to IRS Publication 525. Punitive Damages: Punitive damages are generally taxable, as they are not considered compensation for personal injury or sickness. We try to advise our clients on whether or not their settlement will include any taxable income and can only do so on a case by case basis.

Can you settle a car accident claim without a lawyer? https://youtu.be/RgV08X06u5E This is a fair question to ask and one I can answer quickly:  Yes, you can but I would not advise it. Here’s why: you should hire a lawyer to help you in a car accident claim even if the other driver is clearly at fault because there are way too many things you don’t know if you’ve never represented people in claims against insurance companies. So you were in a car wreck, the police officer investigated the crash and found the other guy at fault.  You were cleared of making any improper or negligent movements and you know the name of the insurance company who insures the at-fault driver. You therefore plan to save the 40% attorney fees and handle this claim yourself.  You’ll contact the insurance company, file your claim, and pocket the cash.  You’ll be the smart one who beat the lawyers and the system! Hold up.  While it may seem logical and cost-effective to represent yourself against the at fault driver’s insurer, there are many things that can go wrong for you without having proper legal representation. First, most people don’t understand that the value of car accident claims is largely driven by the extent of your injuries, length of treatment, cost of treatment and possibility and cost of future treatment. Without a proper medical diagnosis to determine what and how you were injured, the insurance company will dispute medical causation and severity of injuries.  Insurance companies don’t simply go on your word alone.  They review all your medical bills and medical records to evaluate your claim. If your claim goes to court, they will ask for and review your past medical records too.  This often complicates the case because many people have injured themselves prior to the car accident and the insurance company wants to show that the injuries are not in fact new, but “pre-existing.” This is where a competent car wreck lawyer comes in.  We know how claims are evaluated and we know how to present your case in the best light.   Our view is that a person injured in a car wreck is still better off paying attorney fees because the lawyer will help get the claim valued at a higher amount than the person could do on their own.