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.

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Everett-Bellingham WA

How a good personal injury attorney can help accident victims find money for lost wages(link is external)

Don suffered disc injuries to his low back in an accident where the at-fault driver pulled into traffic and struck the side of Don’s classic 1955 Ford T-Bird. Don’s injuries were severe enough that he could not return to his physically demanding work as a paramedic. Although Don was close to retirement, he was counting on a few more good work years. Here is one accident victim's story of how a good personal injury attorney helped him find money for lost wages, despite the fact that the at-fault driver did not have car insurance(link is external)

Everett-Bellingham WA

When an uninsured motorist hits you, it can be hard to know what to do next. Here's one victim's story.(link is external)

A common type of injury sustained in a motor vehicle accident is damage to the spine or pelvis. When someone is blindsided because a negligent driver "came out of nowhere" and hit them, there can be life-changing consequences. In this accident victim's story that happened in Bellingham, WA, the at-fault driver caused damage so severe that the victim was not able to return to his job after the accident - ever again. It was critical that he find money to pay for lost wages and damages(link is external) he received because of the accident. Insult to injury, the motorist who hit him was uninsured. 

Everett-Bellingham WA

Who Can I Hold Liable in My Passenger Accident Injury Claim?(link is external)

A driver and passenger have an unspoken agreement every time they get in a vehicle together - that they both have a responsibility to each other to make the drive as safe as possible. Yet it's ultimately the responsibility of the driver to maintain the well-being of all passengers in the car. Behaviors that go against safety - drunk and drugged driving, and distracted driving are two big examples - endanger everyone in the car and around it. These are other factors will have a dramatic impact on determining liability after an accident(link is external). Click to learn more from this Bellingham, WA accident lawyer about how negligence and liability are factored in to accident injury claims.

 

Everett-Bellingham WA

5 Tips for the first conversation with the insurance adjuster after a car accident(link is external)

Many accident victims are nervous about their first contact with the insurance company’s adjuster, and justifiably so. Assuming anyone who was recently in a car wreck is dealing with injuries and emotional stress that come from a traumatizing event, it’s hard to think clearly through a claim negotiation. Here are some tips for that first contact with the insurance adjuster(link is external) to help you advocate for yourself or a loved one and set the stage for financial recovery instead of further anxiety and financial stress.  

Everett-Bellingham WA

5 Tips to help you during the first conversation with the insurance adjuster after a car accident(link is external)

Many accident victims are nervous about their first contact with the insurance company’s adjuster, and justifiably so. Assuming anyone who was recently in a car wreck is dealing with injuries and emotional stress that come from a traumatizing event, it’s hard to think clearly through a claim negotiation. Here are some tips for that first contact with the insurance adjuster(link is external) to help you advocate for yourself or a loved one and set the stage for financial recovery instead of further anxiety and financial stress.  

What do you do if the driver who hit you doesn't have insurance? [VIDEO](link is external)

Representing yourself and working with your insurance company isn't as easy as the commercials make it sound, especially if the driver who hit you doesn't have insurance or enough coverage. The adjuster is going to ask you questions that are hard to answer, confusing, or might even feel like they don't believe you, like in this video spoof of the process. It's simply that auto insurers have stakeholders whose best interest it is in not paying the highest amount possible per claim. It's sad but true. This is why it helps to have someone on your side who knows the laws and how to negotiate with insurance companies. Because if they don't play fair, then these cases are settled in court. Especially when you must file an uninsured or underinsured motorist claim. These are complex claims so it helps to have help. Click here if you're having a hard time dealing with insurance companies(link is external) and are wondering what to do.

Why do auto insurance rates rise after an accident?(link is external)

Insurance companies are risk averse and in the business of making money. These are old companies in it for the long run. They have shareholders to consider, and have to pay out major claims if their covered drivers are found to be at-fault. If you file a claim, you likely have found that your premiums increased. You're not alone. Considering that the rates tend to stay high for about three years after each claim is filed, those rate hikes pretty much pay for the damages you’ve been paying your insurance premiums to cover. It’s almost like the car insurance company is giving you a loan to cover your accident losses that you pay them back for over the years. For more information on why car insurance premiums increase after a claim(link is external), click here.
Everett-Bellingham WA

Bicyclists who are hit by a hit and run driver still have options for financial recovery(link is external)

A hit and run accident that happens to a bicycle rider(link is external) is unconscionable. In most accidents between a car and a bike, the bicyclist is the one with the far greater injuries. On a bicycle, you are much more vulnerable to impact than in a car, even at relatively low speeds. If the driver takes off, added to the pain of the injuries is the frustration and anger at that terrible response. Even if the driver who hit you while you were on bicycle is never found, you have options for recovery. Click to learn what they are.

Everett-Bellingham WA

How do accident victims receive financial compensation? [VIDEO](link is external)

There are a few categories in which accident victims are awarded compensation after an accident: 

  • Medical bills from a motor vehicle crash: At fault drivers are responsible for paying all medical expenses incurred. Also, they must pay all future medical bills that are likely to be incurred. 
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  • Lost wages: This includes past wage loss from the accident, as well as future wage loss, i.e. future physical therapy visits that require time off work. 
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  • General damages: Includes pain and suffering, mental anguish - all the things you can't put an exact price tag on. A good lawyer will make insurance company see how the accident has effected the client. 

For more information, please see this video on how accident victims are compensated(link is external) after a collision with an at-fault or partially at-fault driver.

Everett-Bellingham WA

If someone is speeding and hits you, it is almost guaranteed they are at fault(link is external)

Speed limits are not just recommendations, but established rules that all drivers are expected to follow while operating their vehicles on US roads. Many factors are considered by the engineers who set the limits, such as the road’s characteristics; how wide the shoulder might be, if there is one at all; road grade; and the length of a driver’s line of sight. The limits are set very carefully after an assessment of all these factors, and are meant to keep everyone safe while maintaining a healthy flow of traffic as much as possible. Speeding is against the law. However, some drivers speed, and if you are hit by a speeder(link is external), you might be facing a long, arduous recovery. If you're wondering if help is available, click the link to learn more.

Everett-Bellingham WA

The basic steps a lawsuit goes through in one quick, easy to understand summary(link is external)

It may seem daunting if a claim progresses to a lawsuit. A skilled personal injury attorney settles nearly every client’s personal injury claim in a negotiated settlement. This means that very rarely do his clients need to go to trial with a lawsuit. However, if your claim doesn’t have the resolution you wanted, you still have the option to file suit. Your lawyer will step you through the process, explaining things as you go. But here is the gist of what to expect during a lawsuit(link is external)

Everett-Bellingham WA

The first thing accident victims need to do when the other driver doesn't have insurance(link is external)

We take to the roads throughout Bellingham and Whatcom County trusting that other drivers will have insurance. But that’s not always the case. You can well imagine the protocol as it’s supposed to happen after an accident: get medical attention for any injuries, file a police report, and exchange insurance information with other motorists involved. What happens if that last step can’t be followed because the driver has no insurance, or a policy that simply doesn’t cover all of the damages that occurred? So quickly, an already a stressful time just became even more worrisome. Click to learn more on what to do if the driver who hits you has no insurance(link is external).

Everett-Bellingham WA

Crashes involving a single motorcyclist don't always mean it's the driver's fault(link is external)

There is a bias out there about motorcyclists, and some unfortunately do ignore speed limits or safety requirements, much like any driver. So if you are involved in a single motorcycle crash, does this automatically mean you are the only one at fault? There are certain considerations that may apply, and there could be more to your accident than is obvious. To learn more about what to do after you were involved in a single motorcycle crash(link is external), click here.

Insurance Adjusters: First Discussions(link is external)

When talking about personal injuries to the other party's insurance company, remember this rule: Be polite but say little. Shortly after you've notified responsible parties that you've been injured in an accident and intend to file a claim for compensation, you're likely to hear from one or more insurance companies. These first conversations after your accident may be difficult, as you may be agitated or in pain, but common sense and a few guiding principles will keep you from saying anything that will adversely affect your insurance claim.