Personal Injury Claims Part 1: The Insurance Claims Process
Updated: Feb 13
Hiring a lawyer is not something you ever envisioned. However, accidents and other wrongdoings occur every day. The people that are responsible for your injuries (or their insurance companies) should compensate you for your loss(es). Personal injury lawyers help injured victims recover financial compensation for their losses.
In the event you were injured due to someone else’s negligence, a lawyer can help you recover money for all of your losses. A lawyer will also take away the stress and hassle from dealing with law enforcement, insurance adjusters, and medical providers so that you can focus on picking up the pieces and healing after the incident. There are several different circumstances that could result in a personal injury case. In this 4-part series, I will focus on motor vehicle accidents and the nuances, obscurities and difficulties that can arise after being involved in even the most simple of accidents.
THE INSURANCE CLAIMS PROCESS
I am not going to lie to you, you can absolutely file an insurance claim without an attorney. However, insurance adjusters will do everything in their power to pay out the least amount of money for your personal injury claim, regardless of how injured you are. Specifically, motor vehicle accidents can be life-changing experiences. The crash itself is only the beginning of what can be an extremely long process. Imagine this, you get into a car accident that is not your fault and you suffer significant injuries. When you are discharged from the hospital (or sometimes even before) you will need to file a claim with your own insurance company. This process can be daunting. For example, an insurance adjuster will want to take a recorded statement from you. If you have never been through this process, you may be worried about saying too much, or not saying enough. Regardless, I guarantee you will be held to what you say at that exact moment! In addition, what about the person that was responsible for the accident? Their insurance company may also contact you to discuss the accident.
Once the claim is effectively filed, you will have to sign over medical release(s) to allow your insurance company to obtain all of your personal, sensitive medical records. In the alternative, you would be required to obtain all of your medical records and bills and provide them to your insurance adjuster on your own. Having to deal with both the insurance companies, and the nuances of insurance law can be extremely intimidating when all you want to do is recover physically, mentally and financially.
In speaking with the insurance companies, the adjusters will make a determination as to liability and coverage. You would think that determining who was liable for a car accident would be a no brainer, however, that is not always the case. Insurance adjusters may fight every step of the way to avoid paying for your damages and/or keeping that payment as low as possible. Even when liability is determined, an insurance company does not have to compensate you for your injuries if they determine that you and/or the accident wasn’t specifically covered by the insurance policy. Beyond that, additional obstacles may stand between you and the payment you deserve, including: drivers without car insurance or drivers with limited coverage. I will discuss these issues in further detail in Part 2.
PERSONAL INJURY ATTORNEY:
MICHAEL P. BRUSH
Before founding Miller, Westwood, & Brush, attorney Michael Brush gained valuable experience defending insurance companies against personal injury cases. This unique experience gives Mike greater success taking on the greedy insurance companies and fighting for equitable compensation for his clients. The lawyers at MWB have recovered millions of dollars for clients who have been injured because of someone else’s negligence. If you have been injured in a motor vehicle accident or any other wrongdoing at the hands of another person or entity, please call now to schedule a free consultation.