Insurance Companies and Personal Injury Cases
How are Personal Injury Cases Handled by Insurance Companies?
Have you ever wondered how insurance companies handle personal injury cases? You may know someone who’s had an injury claim, or heard about a specific injury case on the news, yet you’re probably uncertain how the personal injury claims process works. Don’t worry, you’re not alone, many others wonder the same thing. It’s important to understand what occurs should you be in the unfortunate position of needing to file an injury claim. We’ll review how insurance companies handle these cases, and explain just how important it is to have a lawyer by your side.
Injured in a Car Crash
Many personal injury cases begin with an auto accident. Two cars collide on a roadway because one driver wasn’t paying attention and failed to see the vehicle in front of them apply their brakes. The victim who was rear-ended has a damaged car and could suffer injuries such as whiplash, broken bones, or worse. What happens next is up to the insurance company.
The at-fault driver contacts their insurance company. The company obtains the police records, which includes information from witnesses. They also speak to both the driver who is insured under them, as well as the driver of the other vehicle. They then review all of the details, examine the damage to both vehicles, and determine whether the victim will be compensated and how much they will offer to pay. As long as the insured has sufficient liability insurance, many of the victim’s medical bills and auto damage, among other things should be covered. The problem is that this “coverage” comes about in the form of a settlement.
Why Does the Insurance Company Want You to Settle?
The injured victim should always be evaluated at the nearest medical facility to assess the degree of injury. At this juncture, it is also critical for the victim to contact a personal injury attorney as soon as possible. The insurance company will always offer to settle the claim for as little as possible in order to save money. Additionally, the at-fault driver’s policy may have coverage caps that limit the settlement amount. As such, the offered settlement may not be enough to cover lost wages, repairs, medical bills, and everything else that must be paid due to the other driver’s negligence.
You have every right to refuse that settlement and then sue the other driver in court. (You cannot outright sue the insurance company.) The insurance company will hire a lawyer to represent their interests in the case, which involves representing the at-fault driver. During the court proceedings, the burden is on you, the victim, to prove the other driver was negligent. Neither you nor your lawyer is allowed to mention that the insurance company is involved, even though they clearly are.
Obviously, the other driver’s insurance isn’t going to be looking out for your needs, which is why you must have a lawyer represent you. An injury attorney will help you navigate the legal process and will ensure you are properly compensated.
If you’ve been injured by a negligent driver, call me and I’ll Make Them Pay!®
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Jake Ferri
23:46 01 Aug 22
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22:44 19 Jul 22
My favorite lawyer. Truly one of the kindest, smartest, and most genuine humans I have ever met. There is only one TIM... MISNY and he will make them pay!! God Bless.read more
C M V
01:16 16 Feb 22
I spoke to Amy and Christine about a possible personal injury case involving my father and they were both helpful,... professional, knowledgeable and responsive. Although they could not help us with our case, I would highly recommend them!read more
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20:12 21 Jan 22
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14:33 06 Dec 21
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02:43 27 Nov 21
Advice on Law question? Also Advise to do more research for Different types of Situations that’s Criminal and Civil... Pursuits!City, State and Above State Level Situation .Pro Se !read more
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12:56 04 Nov 21
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19:26 30 Mar 21
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13:29 20 Jan 21
My relationship with Tim goes back over 30 years and is one of great trust and mutual respect. Tim represented me at a... critical point in my life and I will always be indebted to him for the difference he made. He is always just a phone call away.read more
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18:55 21 Dec 20
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PJ Camargo/Authentik Movement Training
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16:49 10 Oct 20
Tim has created a highly visible and effective law practice, and despite his decades of experience, he has never once... forgotten why he got into this business in the first place: to help people. He puts his whole heart into his work, and he works hard for everyone he represents. He has a gift for tuning out the noise and tuning into the core of what his clients need, and making it clear he has heard them. As a result, we feel empowered. He is smart, resourceful, creative, positive, and solution-oriented. His abundant energy makes people feel better, stronger, and valued. He loves and promotes his community; he gives back generously, and he always leaves everything better than he found it. Tim is a true man of action, and a man of his word. Could not recommend him more highly.read more
Mike M
04:44 09 Oct 20
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Eric Evans
21:02 04 Oct 20
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Benjamin Firstenberg
19:32 28 Sep 20
I worked as an intern for Tim the summer of 2017 and it was an unbelievable experience both for my career and personal... development. He treats his employees with a level of respect, appreciation and honesty that I've truly not seen anywhere else that I've worked. We've stayed in touch these past few years and I'm still learning from Tim, whether it be the way he sees the world, his career advice or his commitment to his family. He's an honest man who treats people honorably.read more
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01:13 30 Jun 20
I don't know much about Tim the lawyer, but I do know about Tim the man. Tim the man befriended me as a youth and gave... me the motivation to excel in school. Tim the man wrote the letter that got me into college and got me a helpful scholarship. Tim the man gave me an internship while in college. Tim the man has been a friend to me for over ten years. He makes himself available day or night whether I need advice or just want to talk about the day. There a lot of stigmas about attorneys (and they are earned) but Tim Misny bucks the stereotype. And if Tim the lawyer is half a good as Tim the man, he will live up to his word, and make them pay.read more
