Personal Injury Claim? Why You Need an Attorney (and Maybe An Insurance Attorney)

Oct 27, 2018

personal injuryIf you have been injured in an accident, whether a car accident, on the premises of a business, by a neighbor, or otherwise, you have a right to recovery for damages caused by your no-fault accident.  What many people do not know is that while your right to recovery is technically against the injuring party, typically that party has insurance coverage for the accident.  In those situations, you are dealing with the injuring party’s insurance company, not the party themselves.  Thus, your personal injury claim is very similar to an insurance claim or dispute, and an experienced insurance attorney is often the best weapon in a personal injury claim.

Dealing with personal injury claims can be very frustrating and stressful, particularly when you are dealing with the injuring party’s insurance company. Insurance adjusters may be difficult to deal with and an offer may seem insufficient. Many people have dealt with insurance adjusters and settled claims without realizing the full amount that they could have recovered. Clams may also be wrongfully denied. Because of these issues, you should consult with A Newport Beach insurance attorney to ensure that your rights are protected.

Why is it important to contact an experienced attorney rather than trying to handle things on your own?

When an accident occurs, the first step is typically to file a claim with the injuring party’s insurance carrier. At this point, you are dealing directly with an insurance adjuster, but not one for your insurance company, instead one that represents the injuring party’s (i.e., third party) interests.  The third party insurance adjuster has the goal to settle the claim for as little as possible to protect both their insured and the company. They have no duty to disclose important information about the policy, and in fact may not reveal such information unless you request it, and even then, may assert a right to confidentiality and refuse to reveal the requested information. Because insurance adjusters are experienced and know what they are doing, persons who lack experience working with them may fall victim to their tactics. An experienced Newport Beach insurance attorney understands the process, and one who is experienced in personal injury claims has an advantage knowing the tactics and how to negotiate with insurance adjusters to maximize your recovery.

What can an attorney do to help?

When you are represented by an attorney during an insurance claim, the attorney will work directly with the third party insurance adjusters to negotiate a fair settlement. An attorney will be able to obtain information related to the insurance policy, including the policy payment limits. By receiving this information, you will be able to make an informed decision about whether a settlement is fair.

In the event the insurance settlement claim is in adequate, an attorney will seek to increase the amount of the offer by articulating the reasons for higher payment. If a claim is denied, an attorney will be able to pursue the appeal process to request reconsideration of your claim. If negotiations are unsuccessful with an insurance claim, an attorney can pursue legal action through the court if necessary.

The legal team at Winthrop Law Group has experience representing clients in a variety of personal injury claims. They understand the tactics of insurance adjusters and know how to respond. If you have an personal injury claim, contact Winthrop Law Group to discuss your case.