It’s one of the hardest times in life – after a debilitating accident. No one wants to be in this situation, but what if you are? You don’t have to go it alone. Because negotiating with the insurance company to try to get your bills covered just as your policy should be designed to do, can feel like David phoning up Goliath to try to make a deal. There are personal injury attorneys who spend years specializing in these kinds of situations. Sometimes all it takes is having one represent you to start a process in motion that would lead to a very different outcome than if you were to try to work with insurers yourself. For a list of questions to help you decide if an attorney can help you, click here.
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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.
Regardless of the severity of the collision you were involved in, there are important things to know about how a motor vehicle collision could affect your insurance premium moving forward.
My client is confused as to why their own insurance company is left with the bill. I assure my clients that they have been paying an extra premium every month to their insurance company for this EXACT scenario.
Discovery is an important part of the litigation process in any case. It is the time period, after a lawsuit is filed, that allows you and your attorney to learn about the Defendant and their perspective of the incident.
In order to be as prepared as possible in the unfortunate instance that you are in an auto accident, don’t stress yourself out even more than you will be. Print this guide out and keep it in a small bag in your glove box with a pen, paper, and a camera.
It's important to remember that the insurance company isn't on your side. Their primary motivation is to protect their profit margin, not to help you in your time of need.
It is important to remain calm and collected in order to ensure that you take the proper steps following a car crash. Frantically yelling at the other driver or forgetting to exchange information can seriously harm you in the case you decide to file a claim.
If there are witnesses I would get their name, address, phone number — you can download the Herrman & Herrman app and it tells you everything to do on there.
The insurance companies want to settle claims under the true value to make money. IT is very simple folks, if the insurance companies did not make money by supplying you with insurance benefits, THEY WOULD NOT PROVIDE YOU INSURANCE BENEFITS.
Motor vehicle accidents that whipped people’s necks abruptly were long theleading cause of traumatic spinal cord injuries. However, the new study puts falls in the No. 1 position and suggests that new solutions are needed to prevent falls and spinal injuries.
One of the most-studied factors has been the issue of age to see whether certain age groups have more accidents than others. The question is obvious: does age appear to play a role in crashes and, if so, which age group has the most car accidents?
The violence of any motor vehicle collision can often cause serious neck and back injuries such as protrusions or herniations. When this occurs, injured parties will often visit an orthopedist or pain management doctor who will recommend a series of ESI’s which will provide pain relief and reduce swelling in and around the damaged discs and corresponding nerve roots.
In our second part of the informative series “My Neck, My Back”, we explore the condition of Radiculopathy, a common condition caused by traumatic neck and back injuries during motor vehicle collisions.
Sometimes people are involved in automobile accidents and the use of a cell phone is a cause or a factor in the accident. If you have been in an automobile accident and you believe that the other driver was using a cell phone when the accident occurred, you should take the following steps...
There are no winners in such injuries. The severity of brain injuries can take many forms and come with a tremendous number of complications. A Traumatic Brain Injury, or TBI, caused by an accident is a devastating diagnosis.
For anyone involved in a personal injury case, discussing your claim on social media can be a serious mistake. If you’re one of the 2.2 billion people using these social platforms, then you need to know how social media can ruin your personal injury case! Learn more about how to protect your claim here...
Determining the actual value of your car accident claim, and therefore how much you should ask for in return from the liable party’s insurance company, is a straightforward and simultaneously complicated process. It can be simple in terms of vehicular damage. If you have been physically injured as a result of the car accident, you will need to know the cost of your own recovery, which is far easier said than done. Read more here about how professionals determine your claim value.
The fact is that you may need a personal injury lawyer to properly protect your rights and interests, and that attorney will need certain information to properly assess your case.
To help you get through the after effects of a car accident, there are a series of steps and hints you should always take and remember, regardless of the details of the incident.
he best way to answer that question is that it depends on the specific facts and circumstance of the incident that led to the injury. While every injury and claim is different, there is certain information that can always be helpful when deciding what to do when you are injured, beginning with being familiar with different types of common injury claims.
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.
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.
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