Fighting the Insurance Company After a Car Accident

Almost all states require drivers to purchase certain levels of liability insurance coverage to legally drive their cars. Insurance covers property damage as well as medical expenses and other damages sustained because of a crash.

Depending on where you live and where the accident occurred, you may have to rely on your own insurance or file a claim with the at-fault party’s insurance in many cases, you may need to file a combination of the two.

Regardless of the insurance providers involved in your crash, all insurance companies are businesses, and paying on claims reduces their profits. As such, many insurers try to deny claims or reduce the amount they have to pay.

Even if you must file a claim with your own insurance company and have faithfully paid your premiums for years, you may still run into struggles getting the insurance company to accept your claim and pay you what you deserve.

You need a car accident lawyer who understands the various factors involved in filing a car accident injury claim with an insurance company and who can obtain the benefits and compensation you need. Speak with an experienced car accident attorney immediately for a free review of your case and advice regarding your options.

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Tips on Dealing with the Insurance Company

To protect your rights and ensure fair compensation for your losses, contact an experienced car accident attorney and have them handle the challenging process for you.

Your attorney can:

Explain Your Policy

You should familiarize yourself with your insurance policy to know your rights, coverage limits, and the claims process. Pay attention to deadlines for reporting the accident and filing a claim. Your lawyer can review your policy with you so you understand its terms and exceptions.

Documenting the Accident

Collect as much evidence as possible to support your claim. This includes taking photos of the accident scene, damage to vehicles, injuries, and obtaining contact information from witnesses. Keep records of medical treatment, expenses, and any other relevant documentation. Your attorney can collect evidence, and they will have resources to draw upon to facilitate the process or obtain evidence you cannot acquire on your own.

Contact Your Insurance Company

No matter where the accident happened, notify your insurance company promptly about the accident. Provide accurate and detailed information while describing the events, but avoid admitting fault or discussing settlement amounts at this stage.

Refer the Insurance Adjuster to Your Car Accident Lawyer

When speaking to your own insurer or the at-fault party’s insurance company, speak carefully. Insurance adjusters work for the insurance company and their goal is to minimize payouts. Do not agree to provide recorded statements, as they may use them against you later. Stick to the facts and avoid speculating or guessing.

Keep Records of All Communications

Although you should refer all communications from the insurer to your lawyer, if the insurance company does contact you, maintain a detailed record of all communication with them. This includes phone calls, emails, letters, and any settlement offers. Note dates, times, and names of individuals, and summarize the conversations.

Obtain a Professional Assessment

Seek a comprehensive evaluation of your injuries, property damage, and other losses from a trusted medical professional, mechanic, or other relevant experts. This will provide supporting evidence for your claim and help your lawyer determine the extent of damages. Your attorney can ensure you get the appropriate documentation.

Do Not Rush to Settle

Insurance companies like to resolve car accident claims as quickly as possible. Thus, many initial settlements offer less than what the claimant demands.

If the insurance company offers a settlement, evaluate it carefully with your attorney. Consider whether the settlement adequately covers your losses, including medical expenses, property damage, lost income, pain and suffering, and future costs.

Do not rush to accept a settlement, especially not a low initial settlement. Work with your attorney to fully document the extent of your injuries and identify and calculate all compensation necessary to cover your damages. If you accept an offer too soon, you may lose out on compensation you will later need.

Appealing Denied Claims

If you believe the insurance company unjustly denied your claim and are refusing to negotiate, you could appeal their decision. Yor attorney can carefully review the denial letter from the insurance company to understand the reasons for the denial, paying attention to any specific provisions or policy language cited as the basis for the denial.

Your attorney can then contact the insurance company to discuss the denial and express your intention to appeal. Your lawyer can keep records of all communication, including dates, times, names of representatives, and summaries of the conversations. They can follow up with written correspondence to ensure a clear and documented paper trail. Your attorney may need to gather additional evidence or enlist industry experts to provide testimony to support your claim.

Bad Faith Actions

Your attorney can review the insurance laws and regulations in your jurisdiction and explain what actions by an insurance company constitute bad faith. Common examples include unreasonably denying or delaying claims, inadequate investigation, misrepresentation of policy provisions, unfair settlement offers, or refusing to communicate in a timely and transparent manner.

If you and your lawyer determine the insurer is acting in bad faith, your lawyer can file a complaint with your state insurance regulatory agency, and they can file a lawsuit against the insurer in court.

Contact an Experienced Car Accident Attorney Today

Tatiana Boohoff, Lawyer for Car Accident cases near Tampa area.
Tatiana Boohoff, Car Accident Attorney in Tampa.

Every car accident is unique, and so too is every insurance provider. If you have issues with the insurance company regarding your car accident injury claim, you need an experienced car accident attorney who can provide personalized guidance and advocate for you throughout the process. However, you must act quickly since you have a limited time to file a car accident lawsuit in civil court. Do not delay, contact a personal injury attorney in Tampa today.

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Boohoff Law P.A. – Tampa Office

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Tampa, FL 33603

Phone: 813-725-5606

June 1, 2023
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