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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Tips on collecting physical evidence at the scene of an auto accident

Auto accidents - no matter how minor - are shocking, scary events to all involved. First and foremost, the top priority is to get the injured medical care ASAP, as those first few moments are critical to recovery, and sometimes, survival. However, accident victims have other things to consider too. This article is intended to be shared with friends and loved ones before an accident happens, to keep in mind some things to do in the event of an accident that can help in going through the insurance claims process or even building a tort case. Click for information on the importance of collecting physical evidence after a car crash and other tips. 

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4 Tips for car accident victims where fault is disputed

Car crashes are complicated events that happen in the blink of an eye. Many factors can contribute to the series of missteps that make vehicles collide, and many people will look at those factors and have a completely different take on who was at fault. In cases that aren't cut and dried, fault can be disputed. If you've been in an accident where fault is disputed, this article has four tips on what you can do to build a best case scenario for yourself. 

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If a loved one died in an accident, consider this before talking with the insurance company [VIDEO]

Deaths that occur needlessly due to someone else's negligence are very complex situations. Along with all the emotions that a survivor must sort through, the loss brings up financial questions and concerns. How to pay for funeral costs? And if the deceased was a financial provider, how will their income be replaced? Here's the one thing you should do as soon as possible. Click this link to watch a short video to answer the most frequently asked question of survivors of fatal accidents.

 

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One clients story of how this Bellingham, WA lawyer helped him recover after a car accident

If you have been injured in a car accident that wasn't your fault, it can help to hear that you're not alone. That you do have options, and there are ways to recover some of what you lost financially. It takes money to be able to recover from serious injuries including bone fractures, like this car accident victim hit by a distracted driver. Sometimes your best option is to seek legal expertise to make sure you receive a fair settlement for your damages and losses. Here is one client's story.

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How a good personal injury attorney can help accident victims find money for lost wages

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

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

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 he received because of the accident. Insult to injury, the motorist who hit him was uninsured. 

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Who Can I Hold Liable in My Passenger Accident Injury Claim?

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. Click to learn more from this Bellingham, WA accident lawyer about how negligence and liability are factored in to accident injury claims.

 

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5 Tips for the first conversation with the insurance adjuster after a car accident

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 to help you advocate for yourself or a loved one and set the stage for financial recovery instead of further anxiety and financial stress.  

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5 Tips to help you during the first conversation with the insurance adjuster after a car accident

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 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]

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 and are wondering what to do.

Why do auto insurance rates rise after an accident?

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, click here.
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Bicyclists who are hit by a hit and run driver still have options for financial recovery

A hit and run accident that happens to a bicycle rider 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.

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How do accident victims receive financial compensation? [VIDEO]

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 after a collision with an at-fault or partially at-fault driver.

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If someone is speeding and hits you, it is almost guaranteed they are at fault

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, you might be facing a long, arduous recovery. If you're wondering if help is available, click the link to learn more.

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The basic steps a lawsuit goes through in one quick, easy to understand summary

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

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The first thing accident victims need to do when the other driver doesn't have insurance

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.

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Crashes involving a single motorcyclist don't always mean it's the driver's fault

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, click here.

Insurance Adjusters: First Discussions

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.