How would you respond if an accident happened and you knew that you were not at fault? That response could make all the difference in the world when it comes to dealing with insurance companies and possible legal consequences, so you need to be aware of the right steps to take to ensure that your rights are protected.
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The Insurance Claims Process
After a serious collision, injured people must face the insurance claims process
After an injury accident, an insurance claim needs to be filed to ensure that the injured person receives compensation for medical expenses, lost work and wages, damaged property, and pain and suffering caused by the accident. Here is valuable information about the insurance claim process.
When an accident happens, regardless of who is at fault, all parties should contact their insurance companies immediately. The insurance adjusters will acquire information about the cause of the accident and the extent of injuries and property damage.
The insurance companies will then open an investigation. Those involved in the accident will be interviewed and asked to provide any accident-scene photos, names of witnesses, and any other information that has been collected.
Anyone injured in the crash will likely be asked to undergo an independent medical examination by a physician of the insurer’s choice to document the cause and extent of any injuries.
The insurance adjuster will calculate the value of the claim, and will issue a settlement check. If the insurance claim is denied, or if the insured feels that the settlement amount is too low, the insured can appeal to the insurance company.
Calculating Insurance Claim Value
While it is relatively easy to determine the cost of medical expenses and lost income, it's much more challenging to place a realistic dollar amount on the pain and suffering a person deals with after being injured. Insurance companies have developed damages formulas to calculate how much to pay the injured for these types of non-monetary damages.
Denial of Claims and the Appeals Process
There are many reasons why a claim may be denied:
- The statute of limitations may have run;
- The injured person failed to submit to an independent medical examination;
- the type of accident may not be covered under the insurance plan.
If the claim is denied, the insured will receive notification from the insurance company. The insured then has the option to appeal the denial of claim. Appeals procedures vary from company to company, so it is important to review the policy in learn about the appropriate next steps.
When to have a personal injury lawyer step in to help
After having a claim denied or receiving a settlement offer that is too low, many people seek the help of a personal injury attorney who has experience in interpreting insurance policies and dealing with insurance adjusters to obtain the highest settlement possible. Many other people choose to find an experienced injury lawyer soon after an accident, so that the attorney can handle the insurance claim from the start and allow an injured person to focus on healing.
After being in a car accident, you may experience an unfortunate “15 minutes of fame” as all sorts of different people and parties want to talk to you. The other driver needs your information, paramedics will need to make certain you are okay, and the police might even show up to get a rundown on what led up to the collision. But there is one more group that will want to know about your car accident, and they are the one you might have to be the most careful about: insurance companies.
Regardless of what type of insurance you’re carrying, the company underwriting your policy wants you to believe that it has only your best interests at heart. The problem is that this is all too often not the case.
Many people who have been injured in a Kansas car accident attempt to handle their own insurance claims. Here is a list of common mistakes people make that can damage the viability of an insurance claim. This list is not intended to be legal advice, but rather it is a list of considerations for working with insurance companies.
Because of this law, uninsured drivers can’t make a claim for pain and suffering. Drivers who do not have a basic, state-required personal injury protection (PIP) policy at the time of an accident will not have theFULL ability to sue for losses. Go here to learn more about how this law affects Kansas drivers who are injured in car accidents.
Because the odds suggest that most drivers will eventually experience a major auto accident, it is imperative that every driver know how to respond when disaster strikes. That response includes understanding the importance of preserving evidence after a major car accident. Go here to learn more about why it is crucial to locate and preserve any evidence after a Texas car accident.
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It's no news that distracted driving is a problem, but recent reports show how pervasive it is. Personal injury law firm Bill Coats Law in Bellingham, WA compiles this comparison of common driving distractions and how dangerous is one is.
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Bill Coats Law, a personal injury firm in Bellingham, WA, specializes in wrongful death lawsuits and the complexities of car accident cases. A common question when family members come out of the fog and trauma of losing a loved one in a car accident is what kinds of damages are available to help them dig out of the financial tragedy. Click to read about your rights in wrongful death lawsuits.
Negotiation, strategy, experience and skill - all of these qualities make a personal injury claim reach a successful verdict or settlement. But here is one key aspect that can easily be overlooked by personal injury attorneys working with injured people. Bill Coats Law, of Bellingham, Washington, is the top car accident law firm in the fourth corner and writes on this basic human quality that wins cases.
How could you sue a driverless car! Once these vehicles hit the road en masse as projected - 10 million by 2050 - accidents may go down but they won't go away. Bill Coats Law of Bellingham, Washington writes on issues for car accident claims where fault is disputed by the machines.
Empathy. Bellingham, WA car accident attorney Bill Coats writes about how even the toughest lawyers win cases using emotion and empathy.
Since everything you tell them might be used to downplay the accident and reduce your claim, it pays to talk to an attorney before negotiating with the insurance company. So how to choose the right one? Lawyer Bill Coats in Bellingham, WA discusses key characteristics of good lawyers in this article.
The symptoms of TBI can be subtle, even things that most people experience now and then normally. But the effects of them can be serious, even deadly. Click to learn more from personal injury lawyer Bill Coats of Bellingham, WA about how to recognize a TBI and the #1 thing you should do immediately if you hurt your head in a car accident.
Insurance claims adjusters are notoriously adept at negotiating a smaller claim than their insured would like. If you've got a financed or leased vehicle, you may be in for a bigger shock than even the claims adjuster can give you if you lack gap insurance. Here's what you need to know about this coverage.
Unfortunately, no one can buy insurance to cover an accident that happens before the policy goes into effect. But, if you have a financed or leased vehicle, you'll want to read this article on how to protect yourself in case of a serious wreck.