When individuals experience a personal injury due to an accident—whether it’s a car collision, slip and fall, or workplace mishap—insurance companies often play a pivotal role in the ensuing legal process. If you have been contacted by the other party’s insurance company, your personal injury lawyer may have explained to you why it’s important to be careful what you say to them. Our friends from Marsh | Rickard | Bryan, LLC, explain the vital role of an insurance company in your claim so you have a better grasp on how to navigate the claims process.
Initial Claim Process
After an accident, the injured party typically files a claim with the insurance company of the at-fault party (or their own insurance, if applicable). This initial claim process involves documenting the incident, gathering evidence, and providing medical records related to the injury. The insurance company reviews this information to determine liability, which is critical in deciding whether to accept or deny the claim.
Insurance adjusters are responsible for evaluating the claim, which includes assessing the accident’s circumstances, examining medical reports, and estimating the costs of damages. They may also interview witnesses and collect statements from involved parties. This thorough investigation is crucial in establishing whether the insurer will accept liability for the accident and how much compensation they are willing to offer.
Negotiation And Settlement
Once the insurance company assesses the claim, they typically extend a settlement offer to the injured party. This initial offer is often lower than what the claimant might expect or deserve. Insurance companies aim to minimize their payouts, which can lead to negotiations that require a personal injury lawyer‘s involvement.
Having legal representation can significantly impact the negotiation process. An experienced personal injury attorney understands the true value of the claim and can effectively advocate for a fair settlement. They can also counter the insurance company’s tactics, such as lowball offers or attempts to shift blame onto the injured party. In fact, retaining the services of a personal injury attorney before negotiating with an insurer often shows the insurance carrier that you are serious about your claim.
Understanding Coverage Limits
Another critical aspect of insurance companies in personal injury cases is understanding coverage limits. Each policy has specific limits on how much can be claimed for different types of damages—such as medical expenses, lost wages, and pain and suffering. If the damages exceed the policy limits, the injured party may need to pursue additional compensation from the at-fault party personally, which can complicate the case.
Disputes And Denials
In some instances, insurance companies may deny claims altogether. This can occur for various reasons, including lack of evidence, policy exclusions, or disputes over fault. If a claim is denied, the injured party has the right to appeal the decision. This process can be daunting, and legal assistance is often essential to navigate the complexities involved in disputing a denial. If negotiations fail and the insurance company does not offer a satisfactory settlement, the injured party may choose to file a lawsuit.
Your Personal Injury Lawyer Can Represent Your Interests With The Insurance Company
Insurance companies play a significant role in personal injury cases, influencing everything from the initial claims process to negotiations and potential litigation. Working with a knowledgeable personal injury lawyer can help victims navigate these complexities, ensuring they receive the compensation they deserve for their injuries. Many personal injury attorneys offer a brief initial consultation to determine if you require representation to secure a fair settlement.