If you have been involved in an accident and are sure it was someone else’s fault, you may be able to file a personal injury claim against them. Auto accidents, for example, are by far the most common type of accidents and are often caused by another driver’s negligent driving. Filing a personal injury claim almost always means dealing with the insurance company providing cover for the person or party you are claiming compensation from. The information below may help you when you are dealing with an insurance company.

What Is the Impact of Insurance Companies On a PI Claim?

PI claims are typically made against an insured but negligent party. For example, in a fault state, all drivers are expected to carry a minimum amount of insurance to cover them in the event of a claim against them. Property owners whose property is available to the public carry premises liability insurance in the event that an accident happens on their property and they face a PI claim against them.

Despite the widespread use of insurance provisions, insurance companies do not like having to pay out whenever there is a claim against one of their clients. If a claim is made an insurance adjuster will be appointed to investigate the circumstances of the claim. No PI claim is likely to succeed unless the evidence provided to the defendant party’s insurer is convincing. This means that you are likely to face a challenging task ahead when you submit a claim.

In many cases, an insurance company may realize that the evidence supporting your claim is quite solid, but may try and persuade you to accept a much lower offer than you have claimed. One tactic used is to suggest that accepting a lower offer may speed up the payment of compensation and avoid the cost of going to court over the claim. In some cases, even if the evidence seems to be solid, an insurance company may still try and avoid paying compensation by suggesting that the evidence is not sufficient or suggest that you were at least partly or wholly responsible for the accident.

How Can I Limit How The Insurance Company Impacts My Claim?

It is important to be aware of tactics that an insurance company may use to deny a claim or limit the compensation paid out. Here are some ways that you can limit the impact of an insurance company on your claim.

• Do not admit that you may have in any way been responsible for the accident. Insurers will try and get you to admit that you could have done something to avoid the accident or were at least partly responsible. It is best to limit what you say to an insurer. If you have submitted a substantial claim, then it is sensible to use a PI lawyer to negotiate the claim with the insurance company on your behalf.
• At some point, you will need to provide medical records. Such as evidence of treatment and diagnosis as well as invoices for the cost of treatment for the injuries that you incurred. However, you should hold back on these until absolutely necessary. Insurance companies will try and suggest that the cost of treatment was not as much as you have claimed.
• If an insurer makes an early offer, but it is substantially lower than you have realistically claimed, then you should turn it down. Again, a PI lawyer will know how to negotiate with an insurance provider and would if necessary go to court if the compensation offer was too low and the insurer not prepared to pay the full amount claimed.

Get Help Dealing With Insurance Companies

It is sensible to work with a personal injury lawyer if you have suffered substantial medical costs and loss of earnings because of an accident that was not your fault. PI lawyers are experienced in assessing a personal injury claim and the evidence available to support a claim when submitted to an insurance company. PI claims depend on proving that:

• An accident occurred due to negligence;
• The accident cause an injury or property damage or both;
• Injuries and property damage have led to financial loss;
• The time the claim was made is not later than the statute of limitations usually set by the state where the accident happened.

Insurance companies will appoint an adjuster to try and assess whether each of the above was present in a claim before accepting that a settlement may be valid. The PI lawyer will attempt to ensure that there is evidence to support each of the four main criteria above so that there is a basis for a settlement. Most PI claims that are handled by a lawyer tend to reach a settlement without having to go to court. However, lawyers will suggest the added expense and time of a trial if the insurance company is unnecessarily reluctant to agree to the claim.

Contact a Personal Injury Attorney

An experienced PI attorney may be able to help you with your claim. Most, but not all, PI attorneys work on a contingency fee basis and offer free consultations. A contingency fee arrangement means that the attorney defers legal fees until a settlement has been negotiated and compensation paid out. This means that you don’t have to pay upfront legal fees. PI attorneys will have the experience to know whether a claim is likely to win and are most likely to take your case on if they think it has a good chance of succeeding.

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