Everything You Need to Know About Insurance Claims

Written by Jeremy D. Earle, JD

April 28, 2022

HAVE YOU BEEN IN A CAR ACCIDENT AND SUSTAINED SERIOUS INJURIES?

Are you perplexed by the language used by insurance adjusters or the party responsible for your accident? Don’t be concerned!

Take a look at this article to learn more about how various insurance claims work and what to anticipate when filing a claim.

WHAT IS THE DEFINITION OF AN INSURANCE CLAIM?

An insurance claim is a legal document that permits you to seek reimbursement under the provisions of a policy. You may be able to submit a claim for compensation via your insurance policy or the insurance policy of a person that injures you due to carelessness.

Your “damages” are any losses and expenditures you incur due to the accident. In most cases, an insurance claim covers the financial losses you incurred due to your accident. Submit a claim under your insurance policy.

You may be eligible for cash reimbursement for repairs to your house or car that fall under the category of “property damage.” Suppose you claim with the insurance of another party. In that case, you may opt to include compensation for medical costs incurred from the accident or compensation for pain and suffering incurred as a result of the other person’s injuries.

UNDERSTANDING THE BASICS OF INSURANCE CLAIMS

The sort of insurance claim you’ll need to make will be determined by the type of damage you sustained and the party that caused it. Make sure you read your policy thoroughly!

If required, have your insurance or the motorist’s policy who caused your accident reviewed by an attorney so you may have a clearer understanding of the amount of compensation you might anticipate. After every accident, an expert personal injury lawyer understands how to identify all responsible parties to maximize compensation.

CLAIMS ON CAR INSURANCE

You may have grounds to submit an auto insurance claim following a car accident. You may also have grounds to submit an auto insurance claim if your car is damaged as a result of another sort of occurrences, such as natural catastrophes (“acts of God”) or theft, depending on the scope of your insurance coverage.

YOU MAY WANT TO LOOK INTO: LIABILITY COVERAGE

Liability insurance protects you if you cause a car accident due to careless conduct. Liability insurance will pay for the injuries and damage to the other driver’s car if you cause an accident, but not for the damage to your car or the injuries you sustained.

Suppose the other motorist caused the accident, on the other hand. In that case, you may depend on that driver’s liability coverage to pay car damage and reimbursement for injuries experienced in the collision. A liability insurance policy’s bodily injury protection and car damage coverage are frequently separated.

COVERAGE IN THE EVENT OF A COLLISION

Collision insurance for your car provides liability coverage if you collide with another car and coverage for your car if it is damaged in an accident that you caused. Many drivers buy collision coverage to assist with the replacement or repair of their cars in the event of an accident.

ALL-ENCOMPASSING COVERAGE

Your car is covered by comprehensive auto insurance if it is damaged for any reason. It not only provides much-needed compensation if you cause damage to someone else’s car, but it may also compensate you if your car is severely damaged due to theft, vandalism, or a natural disaster. For example, comprehensive coverage should cover you if a tree falls on your car during a storm or if your car is stolen.

COVERAGE FOR UNINSURED AND UNDERINSURED MOTORISTS

Unfortunately, far too many drivers do not have proper car insurance when they get behind the wheel. In Colorado, for instance, an average of 14% of drivers do not have car insurance! Even more, have simply the bare minimum of liability coverage. Get into an accident with one of these drivers.

Their insurance policy may not be enough to cover your car damage or injuries, particularly if you drive a high-value car or suffer serious injuries. Ouch! When the other driver does not have enough insurance, underinsured or uninsured motorist coverage comes in to compensate you.

Insurance for your home

Property owners generally carry insurance for two reasons: To safeguard them if the property is damaged.

To safeguard them if someone on the premises suffers significant injury.

If you were seriously injured on someone else’s property due to that person’s or entity’s carelessness, you have the right to seek compensation for your medical bills and lost income. If, on the other hand, you incur substantial property damage as a result of circumstances beyond your control, you will need to seek reimbursement from your insurance company.

INSURANCE FOR MEDICAL MALPRACTICE

Doctors and medical institutions often carry medical malpractice insurance to help protect themselves and compensate those who suffer significant injuries due to medical practitioners’ negligence.

Compensation for failing to adequately treat a patient, encompassing anything from misdiagnosis to unforeseen occurrences, may be covered by medical malpractice insurance. (A “never event” is a major blunder, such as operating on the incorrect patient or body part or leaving a foreign object inside a patient.)

INSURANCE FOR YOUR COMPANY

Many organizations, including construction firms, have policies to safeguard them in the event of an on-the-job disaster caused by employee carelessness. Have you slipped and fallen at a business?

You may need to seek reimbursement via commercial liability insurance. Have you been in a construction accident? As you seek reimbursement, you may need to deal with the building company’s business insurance.

WHAT TO EXPECT WHEN FILING AN INSURANCE CLAIM

The responsible party—the one that caused your accident due to negligence—usually looks to the insurance company to cover any losses you experienced due to that party’s carelessness.

Unfortunately, this means you’ll have to deal with the insurance company and maybe their attorneys to collect the reimbursement you deserve. It may be a tedious tangle of phone tag, paperwork, and wrangling.

Does it seem to be intimidating? You don’t have to deal with that procedure on your own, thankfully! An expert personal injury lawyer can assist you in filing your claim and provide you with a better understanding of what to anticipate throughout the legal procedure.

FIRST, SPEAK WITH A PERSONAL INJURY LAWYER.

Ideally, you should consult an experienced personal injury attorney before dealing with the guilty party’s insurance company.

The insurance adjuster may sound sympathetic. They may pay attention to your narrative and even seem to be concerned about the amount of money you get. Unfortunately, the insurance company is typically more concerned with reducing its financial exposure than providing you with the compensation you deserve.

On the other side, an attorney can fight for you! Unlike the insurance company, the attorney is looking out for your best interests. Personal injury lawyers operate on a contingency basis, which means they don’t get paid until you do, so you can be certain that your interests will always be aligned with theirs.

An attorney can collect information for your claim and put together a persuasive case that demonstrates how much compensation you need and why. Often, an attorney can provide you vital insight into your case—and perhaps prevent you from accepting a settlement offer that falls short of what you deserve!

NEGOTIATIONS

In certain situations, you may get your initial settlement offer before the dust has settled after your accident. The insurance company may call you when you are lying in a hospital bed, exhausted, in pain, and frightened, waiting to learn how much compensation you are entitled to for your accident.

That offer can’t possibly represent the whole magnitude of your medical expenditures or your long-term suffering since even your physicians don’t know how long it will take you to recover!

BEFORE ACCEPTING ANY OFFER, CONSULT WITH AN ATTORNEY.

Your lawyer will begin by putting up a demand package that contains the amount of money they feel you are entitled to, proof about your claim, and evidence about your injuries and how they have limited your life. To give the insurance company a clearer sense of the degree of your injuries, you may need to undergo a complete medical examination.

The insurance company will then react to your requests by making a reduced settlement offer, which is typically the case. You may then choose whether to accept the offer or continue negotiating for more money.

SETTLEMENT

Personal injury cases are usually settled outside of court. The insurance company understands that going to court may be a costly legal fight, with the firm typically having to pay more than if they just paid you the compensation you deserve upfront.

You will sign a settlement offer after both parties agree. The settlement offer is a legally binding agreement. The insurance company agrees to pay you a particular sum in compensation for your injuries in exchange for you giving up your right to seek compensation for the accident in the future. Before signing the contract, it’s vital to negotiate and understand your rights thoroughly. Before accepting any settlement offer, consult with an attorney.

FILING A LAWSUIT AGAINST THE INSURANCE COMPANY

To collect the cash you deserve for an insurance claim, you may need to court. The insurance company may refuse to pay you the full amount of compensation you deserve or even attempt to blame the accident on someone else, including you. Don’t be held responsible for an accident that you didn’t create! Allow your lawyer to present your case to the judge and/or jury. If you must go to court, you will have to wait for the outcome of your case before collecting the compensation you deserve for your accident or property damage.

WHEN SHOULD YOU HIRE AN ATTORNEY FOR YOUR INSURANCE CLAIM?

You could attempt to manage an insurance claim on your own at times. You may believe that your assertion is clear. “Oh, I was not seriously hurt in the accident.” You tell yourself, “All I need is recompense for an emergency room expense and car damage.” “My policy sets out what my insurance company is required to pay after a catastrophe,” for example. I don’t need an attorney to obtain my homeowners’ insurance to pay for the roof damage.”

Those scenarios often do not turn out the way the victims hoped. Let’s say your insurance provider offers you a low-ball offer for house damage that doesn’t even come close to representing the true cost of repairs. The insurance company that covers the at-fault party in an accident continues to argue that you are only entitled to a small amount of compensation for your injuries.

You may need to hire an attorney to assist you with your insurance claim in certain instances. Here are some frequent circumstances in which we may assist.

YOU WERE SERIOUSLY INJURED IN AN ACCIDENT OF ANY KIND.

You may not require an attorney in a very simple collision with just minor injuries or no substantial property damage. Suppose you have sustained catastrophic injuries, on the other

hand. In that case, you should always consult with an attorney to determine how much compensation you deserve—not simply the line the insurance company tells you.

After a major car accident, you should always contact an attorney. You may believe that your insurance company can assist you with the claim, but your insurance company may not always have your best interests at heart. After an accident, always contact an attorney to understand your legal rights and choices.

THE INSURANCE COMPANY SEEKS TO ABSOLVE ITSELF OF RESPONSIBILITY.

You’re quite aware that the other person was to blame for your mishap. The opposing person may even confess that they were to blame for the collision.

REGRETTABLY, THE INSURANCE PROVIDER DOES NOT SEEM TO CONCUR.

You’ve battled and bargained with the insurance company, but it continues attempting to shift responsibility to someone else. The insurance company may even attempt to hold you responsible for the accident!

An attorney can help you clear things up by conducting a comprehensive investigation and gathering evidence to back up your allegations.

THE INSURER MAKES A LOW-BALL SETTLEMENT OFFER.

You anticipated a fair settlement offer for your claim, which included medical expenditures and missed earnings as a result of the accident, as well as property damage repair charges. Unfortunately, the insurance company made you an offer that falls well short of the reimbursement you deserve. Don’t accept anything less than what you deserve. A personal injury lawyer may represent you and fight for you until you obtain a fair settlement.

YOUR INSURANCE COMPANY CONTINUES TO DENY YOUR CLAIM.

When you suffer significant injuries or property damage, you need compensation from your insurance company right away, not later when it suits the insurance company. While you must give yourself time to research the claim, you should not have to wait. Gaps in medical care might result in long-term consequences. Contact an attorney if the insurance company is refusing or delaying your claim unduly.

Have you been in a car accident and sustained major injuries? Have you ever had trouble comprehending your insurance claim or your rights? Contact a knowledgeable attorney as soon as possible to learn more about the compensation you are entitled to and for assistance with your insurance claim.

Warrior Personal Injury Lawyers
1902 W. Colorado Ave., Ste. 100
Colorado Springs, CO 80904
719-888-3540

Free Consultation

NO FEE UNLESS WE WIN

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