What Role Does Insurance Play in a Personal Injury Lawsuit?

A personal injury claim is one of the most common types of lawsuit. You may be the one injured, or someone else is claiming you caused the accident. You might hope that your own insurance coverage will take care of everything for you. And while insurance does play a role in a personal injury case, it often can’t resolve everything.

The steps you take during an insurance investigation could affect the outcome of the whole case. This includes sharing information with the insurance company that hurts your claim. This is why working with a personal injury attorney before you move forward with your insurance company is so important.

What Happens in an Insurance Investigation?

The liability insurance company will usually do its own investigation and try to settle the case. The insurance process after a car accident or personal injury claim usually involves the following:

• Filing the claim
• The initial call with the adjuster
• Making a settlement offer

What Happens After You File a Claim?

If you’ve been injured in an auto accident, you must contact the auto insurance company to file a claim. This will trigger the start of an insurance investigation to determine:

• Who was at fault
• How much to compensate the injured person
• How much the insurance policy will cover

Saying the wrong thing to your insurance representatives can affect how much you’re able to recover or how much you have to pay out in the end.

How Should You Respond to the Insurance Adjuster?

After filing the claim, an insurance claims adjuster will contact you. They’ll start gathering more information for the insurance company’s investigation. The adjuster works for the company. The adjuster doesn’t work for you. They are most interested in an outcome that benefits the company.

Their goals could contrast with your own. It is in the insurance company’s interest to settle for less than you’re owed. Be cautious of how much information you share with them. It’s important not to acknowledge any fault. You don’t want to divulge information that could indicate you are the at-fault party. This could affect the outcome of the case.

The insurance adjuster may ask for copies of medical records, police reports, and any other documentation that relates to the case. An experienced personal injury attorney can advise you on answering the insurance adjuster’s questions. Your lawyer can deal with the insurance company.

Will the Insurance Company Make a Settlement Payout?

If the investigation shows that you were injured due to the other party’s actions, the insurance company may offer you a settlement. To accept, you may need to sign documents outlining the agreement.

Once you sign and agree to the terms of the settlement, you’ll usually be barred from recovering any future claims related to the incident. Don’t agree to a settlement amount before you understand all your losses and medical bills. If you anticipate lasting medical problems from your injuries, don’t agree to a settlement early that releases the other party from further liability.

When considering a fair settlement offer, consider all the injuries you have suffered, including:

• Medical expenses
• Lost income
• Property damage
• Pain and suffering

Your insurance company may require the other insurance company to cover some of the costs they have paid on your behalf in pursuing the claim. Coming up with the correct amount you know you’re owed can be difficult. An experienced personal injury attorney can help you understand your full amount of compensation.

What If Insurance Won’t Pay Enough?

If you’ve been injured by someone else and their insurance company’s settlement won’t be enough, you may need to consider filing a lawsuit. A personal injury lawsuit allows you to seek damages from the person who caused the accident.

In a personal injury lawsuit, both sides will present evidence, including medical records, witness statements, and physical evidence, to determine who is at fault.

Do You Need a Personal Injury Attorney?

The insurance company has several lawyers who help them in their investigations, settlement offers, and lawsuits. You may be at a significant disadvantage if you don’t have an attorney.

An experienced local personal injury lawyer can help you navigate each step of the process, from knowing what to say to the initial claims adjuster to evaluating settlement offers to representing you in court for a lawsuit. Talk to a lawyer who knows how these systems work and can help you get the desired outcome.