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.
In the legal field, “discovery” refers to “the formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial.” This is often the longest and most grueling part of the litigation process, and it can take over a year.
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.
These types of actions are called third party claims because they are normally brought simultaneously with workers’ compensation claims against someone other than your employers.
One type of bad faith claim against an insurance company is a third-party claim. A third-party bad faith claim arises when an insurer fails to defend or pay a valid claim which has been brought against a covered individual by an injured plaintiff.
Admittedly, it is an area of expertise that most people go their entire lives without needing to know very much about. This article will clarify the basics about what a personal injury case is, some things you should know about the law, and how to proceed.
While workers’ compensation laws do prohibit civil actions against employers, you may file a third-party wrongful death action against another liable party.
Often times parties settle for less than the total costs of expenses. This occurs in accidents involving multiple vehicles. However, what happens, if anything, in the case of a single-car crash?
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.
Typical New Year’s resolutions include losing weight or changing careers, but you’ll also want to make sure you’re financially protected if you’re in a vehicle accident. That’s why you should talk with your insurance agent and ask for a copy of your declaration page, which lists the details of your coverage.
Unfortunately, bringing new consumer products into our homes can also increase the risk of injury in an accident. Even the most seemingly benign products can cause injuries when they are defective, and consumer product accidents can affect anyone at any time.
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.
Insurance companies are hard to deal with when you need to make a claim. They don’t make the process easy. They don’t always pay the bills they should pay. They don’t always make fair offers to resolve claims. They often delay, deny, and defend legitimate claims to boost their corporate profits. It is no surprise that insurance company are disliked by almost everyone.
Whether the insurance company calling is your ownPIP coverage1 or the other driver’s insurer, you should always be careful what you say. Adjusters have specific ways of asking questions and eliciting certain answers to try to avoid liability whenever possible.
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?
Anytime you’re injured in an automobile accident, don’t expect the insurance company to treat you fairly. In 2015 alone, the Arizona Department of Transportation reported 116,609 total car crashes with 36,139 accidents including injuries. The insurance company’s primary goal is saving money by convincing you to settle for the lowest dollar amount. Learn more here about how insurance companies try to reduce their payout.
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.
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