A driver hit and injured you in a serious car accident. Now you have medical bills, can’t work, and the insurance company is difficult to deal with. Unfortunately, handling the auto insurance company after a serious car accident can have challenges.
However, we describe ways you can smooth the insurance claim process below. Also, you should strongly consider hiring a car accident attorney to negotiate with the insurance company. Hiring an attorney means avoiding a fight with the insurance company after a car accident that can stress you at a bad time. Auto accident attorneys know what your claim is worth and how to value your claim. They also deal with insurance companies daily and will handle the stress while you focus on healing.
California Has A Fault-Based System For Car Accidents
When a car hits you in California, you’ll learn about the auto insurance system in California if you didn’t already know. California has a fault-based system for auto accidents, meaning that the at-fault party pays for the injured person’s damages.
For example, if another car hits yours at a red light, the liable driver’s insurance company is usually responsible for paying for your damages. You will file a claim with the at-fault party’s auto insurance to receive compensation for your losses. However, many things can go wrong when an injury victim files a claim with the other party’s insurance company. Many auto accident victims retain a car accident attorney to handle the claim.
An auto accident attorney is often a wise idea in a serious accident case because they know how to negotiate the best settlement for your losses. The insurance company can be difficult for an inexperienced person to deal with alone.
What To Know About Auto Insurance Companies
An auto insurance company makes money for its owners or shareholders by gathering customer premiums and investing them in a profit. When there is an at-fault accident, the insurance company has to pay for the injured person’s damages up to policy limits.
The insurance company is a profit-focused business, which means it isn’t trying to help or be your friend. Their goal is to pay as little as they can and even deny your claim, if possible.
The insurance adjuster you speak with after the accident represents the insurer and investigates the claim to determine fault and how much the company will pay.
When The Auto Insurance Company Disputes Liability
Another driver hit your car and broke your arm in southern California. This is a fault state, meaning you must file a claim with the at-fault party’s insurance provider to cover your damages. However, the at-fault driver’s auto insurance company isn’t your friend. They may try to deny your claim or pay less than you deserve.
Disputing liability is one of the most common strategies insurance companies try when fighting with you over your claim. They may try to blame you for an accident their client caused. The insurance company, especially if you don’t have a car accident attorney, may try to deny compensation to you because they know how expensive medical care is.
For instance, a recent survey shows that rehabilitation for a serious brain injury can be $1,500 per day. Expenses for a serious spinal cord injury with paralysis can be one million dollars for the first year. Insurance companies may dispute liability to reduce what they pay you. You can lack the critical financial support to pay your medical bills and other expenses.
Here are some ways that auto insurance companies may fight with you over the claim to reduce what they pay you:
Questioning Liability
The other driver hit you from behind, so it’s clear that they were at fault, right? Usually, the insurance company can argue that you partially caused the accident because you stopped suddenly or your brake lights didn’t work. This tactic may extend the settlement timeline, which is the last thing most injury victims want.
The insurance company does this every day. They know that the longer it takes to settle the case, the more likely the injured party will take a low settlement. Injury victims have medical bills, rent, car payments, and grocery expenses. They need money, and the insurance company will take advantage if it can.
Questioning Witness Statements
The insurance company for the other driver may try to question an eyewitness about their statement about the fault. They can ask if the witness is credible or if they were there.
Dispute The Police Report
The insurance company may contend that the police report is inaccurate and does not reflect who caused the accident.
Use Surveillance Footage
The insurer can use surveillance footage of your activities to show that you aren’t injured. They can edit the footage to contradict that you have serious injuries.
Doubt Your Medical Expenses
Insurance companies will examine your medical expenses and question anything they think isn’t necessary. Auto insurers are incredibly skeptical of soft tissue injuries such as whiplash. These injuries are known to be exaggerated by some accident victims. They may try not to pay for chiropractor bills or only pay for a few sessions.
The insurance company also may demand that you submit to an independent medical exam to review your injuries. Doctors run IMEs in insurance companies, and they usually downplay the severity of accident injuries. Or they attribute your injuries to a preexisting condition. A car accident attorney can dispute the IME findings by providing your doctor’s statements about your injuries and prognosis.
Delay The Case Unnecessarily
A key tactic the insurance company may use to fight your case is to delay the claims process needlessly. For example, they may demand a lot of documents about your injuries and ask for the same information more than once. They also can respond to your emails and phone calls promptly. Delaying the case is a subtle tactic encouraging you to take whatever their current settlement offer is.
How An Auto Accident Attorney Can Fight Back
Challenging a problematic insurance company about their assessment of your injury claim requires a skilled car accident attorney and a comprehensive legal strategy. There are several ways a car accident lawyer will combat the insurance company:
- Communicate regularly with the insurance adjuster: Skilled car accident attorneys have open communication lines with insurance companies. They respond fast to document requests and other information the insurance company wants. Being responsive and communicative encourages the insurance adjuster to move the case forward and offer a fair settlement.
- Set deadlines: Your auto accident lawyer may set a deadline for the adjuster to respond to their settlement offer or to review documents. Setting a clear timeline for certain tasks means the car accident attorney holds the insurance firm accountable and prevents stalling.
- Escalating a liability or offer dispute: A smart auto accident lawyer may escalate the dispute to upper management if the insurance provider isn’t cooperating. Or, they may even bring in regulatory authorities if they think bad faith practices are involved. Threatening a lawsuit or filing a complaint with the state may spur the insurance company to act.
- Filing a car accident lawsuit: If the insurance company stalls consistently or offers small settlements, the car accident attorney may recommend filing a personal injury lawsuit for compensation. However, about 97 percent of cases settle before trial, so this option is seldom necessary.
California Auto Accident Claim Tips
Experienced auto accident attorneys in California recommend the following tips to improve the claims process with the liable driver’s insurance company.
Don’t Admit Fault
Do not admit fault after a California car accident. Even if you think it’s your fault, any admission of fault to the other driver, police, or insurance company can damage your claim. On the other hand, the other driver may have hit you, but in a moment of stress, you might have taken the blame for the accident.
You should not tell anyone at the scene or the other driver’s insurance company about the fault. The best idea is to stick to the facts when reporting the accident to you and the other insurance company. Don’t discuss fault, only what happened, where, and when.
Talk To A Car Accident Lawyer
Many people think they must deal with the other driver’s insurance company to settle the claim when the other driver caused the crash. You can, but it’s usually better to retain a car accident attorney to speak to the other party’s insurance provider. Auto accident lawyers know how the insurance company works and will try to pay less than you deserve. Your lawyer also knows they will try to use your words against you, so you should let the attorney speak for you.
Auto insurance companies are usually happy if an injured driver doesn’t retain a car accident attorney. It’s easier to underpay an injury victim who needs money and has little idea what their claim’s value is. You have the right to retain a car accident lawyer to negotiate on your behalf in any accident.
No Recorded Statements
Suppose the other driver ran a red light in LA and T-boned your car. It was the other driver’s fault. You broke your arm and three ribs. The next day, the other driver’s insurance company calls to know how you are. Then, they ask for a recorded statement.
Understand: The insurance company contacts you to encourage you to say something that wrecks your claim. That’s why they want to record what you say when talking about the accident. The insurance adjuster knows how to get you to say things that can damage your claim. They may get you to say you aren’t hurt when you are. Just that small phrase can be enough to affect your compensation.
Tell the insurance adjuster calling you that you won’t give a recorded statement. Then, refer them to your car accident attorney to proceed with the claim. This protects your rights and prevents you from unintentionally saying something that can hurt your case.
Don’t Take A Fast Settlement
Another strategy the insurance company for the liable driver may try is a fast settlement offer a day or two after the accident. The insurance adjuster probably knows their client hit you, so they are liable for your damages.
The adjuster knows you suffered an injury and probably need money because you can’t work. So, they may offer to pay your medical bills and provide a few thousand dollars for the inconvenience. A fast settlement offer is a test. The insurance company is seeing if you will take a quick provide so they can close the case without paying what the claim is worth.
Consult a skilled car accident attorney about any settlement offer you receive. The attorney knows you may not know your full injuries and damages after the accident. They usually recommend waiting for a settlement until you know your prognosis. It may take several weeks or months to understand your case’s value.
How Long Can You Settle a California Car Accident Claim?
It depends on many factors. Some auto accident claims settle in three or four weeks if liability is obvious. On the other hand, more serious accident claims can take months to settle when injuries are severe and there is a dispute about fault.
A settlement is the fastest way to resolve most car accident claims. If your attorney files a personal injury lawsuit, the case may take months or years.
The best strategy is promptly reviewing your case with a skilled car accident attorney. They’ll tell you what the claim is roughly worth and how long it can take to settle.
Talk To A Car Accident Attorney Today!
After a serious accident, you may consider settling the case with the at-fault driver’s insurance company. Don’t. Talk to a car accident attorney in California to review your case. They may ensure you receive fair compensation for your losses. The consultation is free, and you don’t pay legal fees unless the attorney wins the case.