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.
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.
There are many reasons why a claim may be denied:
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.
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.
This is a great example of why it is so important to make sure you and your loved ones are carrying adequate UIM limits. If you are injured by a driver who does not have enough insurance coverage to pay for your damages, you will want to be able to make a UIM claim with your own insurance company, just like we did for our client.
Amy is a nationally renowned trial consultant. She is the owner of Perceptual Litigation, and she has years of experience working as a trial consultant all over this entire country.
First and foremost, look after your health. But when you are ready, you can begin thinking about pursuing a personal injury claim for your injuries.
Even well-intentioned statements such as saying you are sorry the accident occurred may be taken out of context to assign fault to you. Be careful what information you share when dealing with an insurance company. Learn more here...
Following the crash, you might be concerned that the accident will appear on your driving record and potentially have financial consequences, such as increased insurance costs.
Unfortunately, your social media posts can negatively impact the outcome of your case if you’re hurt in a car accident. Insurance companies typically review the claimant’s public accounts for evidence they can use to deny the claim and protect their bottom line. Here are guidelines to follow after a car crash.
So, if you get an offer from your insurer, and they also promise to send the check to you overnight, what can you do if you don’t feel comfortable with the whole situation?
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If you are the victim. It nearly never occurs that you will hear the adjuster handling your case admit that their insured customer is the one liable for the collision.
Please remember that even if an adjuster sounds sympathetic and friendly, they are not on your side. You must pay close attention to their questions, and assume that they are looking for anything that can reduce your claim.
Because they cannot take the documentation or word of the plaintiff as truth, insurance companies look to these agents to look into all claims submitted and make sure they are legitimate.
Insurance companies need to find out who is “at fault” in a car accident. The investigations they conduct are intended to do this.
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