You would like to think that your insurance company is always in your corner. After all, you pay them, right? Following a car accident, you may turn over all of your “evidence,” assuming that the insurance company will come back in your favor.
What happens when that does not happen? What do you do when the insurance company is convinced you are the driver who is at fault?
We have asked attorney Alaina Sullivan about your options in this type of situation. Here is what she had to say:
Following a Car Accident
Once you have filed your claim after the accident has occurred, an insurance claims adjuster will then be assigned to investigate your case. The first thing this person will do is look over your policy to make sure you are covered for the type of claim involved. He or she then may follow up with you for additional information. Many times, he or she will contact you and request a copy of the police report.
The adjuster will likely want to talk to the other driver involved as well as other witnesses who saw the accident occur.
He or she will also want to inspect your car, taking photos of the damage, and do the same for the other car. He or she will also want to look into your medical records if you are claiming personal injury expenses.
All of this information will be compiled and will be carefully reviewed before the adjuster comes to a conclusion.
Determination of Fault
Fault is not black and white. Your insurance adjuster is going to look at the big picture and see what actually happened. He or she may find you are completely at fault, but, in most jurisdictions, fault tends to be divided amongst the parties.
The adjuster may find you 30 percent at fault, while the other driver is 70 percent. Depending on your jurisdiction, that determination can affect the amount of recovery you receive. In states where any indication of fault, even a small amount, completely bars your recovery.
Those situations are rare, but they do exist if you are in a contributory negligence jurisdiction.
Are These Decisions Binding?
So do you have to just take what the insurance company gives you and deal with it? That is not the case. You do have options per your insurance policy. The first step is to take the claim up a level to the claim adjuster’s supervisor.
State your case and your concerns, and see if you can get the decision of the adjuster reversed or modified. Keep in mind, however, that the supervisor will likely have been the person to sign off on the offer before it was made.
That possibility should not keep you from appealing to the supervisor, however. It is worth a try.
If that option does not pan out, your policy will almost always allow for alternate dispute resolution as a means of resolving your dispute. This option could include mediation or arbitration. Mediation is a more informal process where you and the insurance adjuster sit down with a neutral, third-party mediator, state your case, and have this individual work with you to hopefully find some middle ground to resolve the disagreement.
Arbitration is still an informal process but is more formal in that the third-party individual has the power to make the decision and not just try to handle the dispute.
You state your case to the arbitrator, and he or she makes a binding decision on what he or she thinks is the best resolution. Normally arbitration is final and binding and can be hard to appeal if you still do not agree with the answer.
At that point, it is recommended you contact an attorney. It is always recommended you reach out to an attorney for at least a consultation on the matter before entering arbitration, given the legal implications of a final arbitrated decision.
If you choose to not go towards the alternate dispute resolution route, you can always proceed to take your matter to court. This option can be costly but if you truly feel justified in your side and believe you have a case, speak with an attorney who can help you.
Contact an Attorney Today
If you have been involved in a car accident and are concerned that the insurance company will find you at fault for the accident, it is always recommended you contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions.
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
