Insurance plays a critical role in protecting our assets and loved ones. However, many people are confused about how to navigate the process of filing an insurance claim.
In general, an insurance claim is a request for payment from the insurer after a covered incident occurs. Common types of claims include medical expenses, property damage, and lost income. Seeking the help of an experienced Maryland Truck Accident Lawyer can make the process easier.
Proving Liability
Car accidents often involve injuries and property damage that require compensation to pay for medical bills, lost wages, and repair or replacement costs. Unfortunately, many people find themselves dealing with insurance companies that either deny their claim or offer them less money than they deserve. To avoid accepting an inadequate settlement, it’s important to have an experienced accident attorney on your side.
A car accident lawyer can help you fight claims of liability by gathering evidence to prove the other party was at fault for the collision. They will also take into account the percentage of fault assigned to you by the insurance company, as this may affect your total compensation.
Your lawyer can use a variety of methods to gather evidence and establish liability, including pulling cell phone records, examining paint streaks or length skid marks left behind at the scene, interviewing witnesses, reviewing medical documents, and having inspections performed by industry experts. This information is vital to your case, and your attorney will leave no stone unturned when it comes to proving the facts of your case.
While it’s always best to talk to the police after a crash, some insurance companies will try and use your statements against you. This is a common tactic, as it allows them to argue that your injuries were not caused by the crash and that you are only seeking compensation for pre-existing conditions. Your attorney can help you avoid falling for this trick by making sure you never give insurance companies access to your medical records before speaking with a lawyer.
Another way your lawyer can help you with the process of establishing liability is by proving that the defendant breached their duty of care. This includes actions such as driving under the influence, speeding, and not maintaining their vehicle properly. It is important to note that the driver’s negligence must directly cause injury and property damage.
A skilled attorney can help you understand the four factors to consider when determining liability, and they can use their expertise to provide a strong argument on your behalf. This is especially important if the insurance company disputes their policyholder’s liability or refuses to provide adequate compensation.
Gathering Evidence
The evidence that is collected in a car accident case is crucial to filing a successful insurance claim. This includes not only physical evidence from the accident scene but also medical records and other documentation relating to the crash and its effects on victims’ lives. Getting this information promptly is important because memories fade, physical evidence disappears and witnesses can become difficult to locate over time.
Taking photographs of the accident scene is an obvious and effective way to gather evidence. Using a digital camera that automatically places a time stamp on the images or having them developed immediately after the accident ensures that they capture the conditions as they existed at the time of the crash. The best pictures are taken from various angles so that they show skid marks, debris, tire tracks, and any other physical evidence that can prove how the accident happened.
Interviewing witnesses is another important part of gathering evidence. Witness statements are used to provide context to the accident and help identify who was at fault. They can also support damage claims. For example, a witness can confirm that the driver that caused the accident stopped his or her vehicle at the scene of the accident and did not speed or fail to yield.
An experienced lawyer can use a variety of other forms of evidence to build an insurance claim for damages. This can include repair estimates, medical records, and journal entries about the impact of an accident on a person’s daily life. Damages can be both financial and emotional. The legal team will review medical bills, prescription pain medication costs, and lost wages to document economic damages, while detailed journals, psychological evaluations, and testimonies from family and friends are used to establish non-economic damages such as pain and suffering.
A good attorney can also handle communication with insurance companies to avoid accidentally compromising your case. This is especially important in cases where the at-fault driver has employer-sponsored insurance or if a defective auto part played a role in your crash. The attorneys of a car crash law firm are skilled negotiators who can leverage their expertise to prevent insurance companies from undervaluing your case or giving you less than you deserve.
Negotiating A Better Settlement
Insurance companies use a range of tactics to tempt accident victims into accepting settlements far below what they deserve. They often begin negotiations by offering an amount that appears very low to test the claimant’s knowledge of their rights and their ability to negotiate. It is vital to never accept the first offer and always ask for justification for any offers that appear unreasonable. This back-and-forth process typically leads to a middle ground that both parties are happy with and that adequately compensates for the victim’s losses.
An experienced attorney can help you prepare for the negotiation process by gathering all of your documentation and organizing it. This will make it easier to review and organize during negotiations and may strengthen your leverage. Your lawyer can also assist you in determining what your claim is worth and preparing a demand letter to present to the insurance company. A demand letter should be concise, factual, and well-written, and should include information about the accident, your injuries, the impact of those injuries on your life, and the compensation you are seeking.
When negotiating with an insurance company, it is important to remain calm and professional and not reveal too much personal information, especially under pressure from the adjuster. This can be challenging, but it is essential to your success. Your lawyer can help you keep your cool and stay focused on a successful outcome of your case.
It is also crucial to keep track of all your medical treatments and document each one. This will demonstrate your efforts to mitigate your injuries and may make the insurance company more likely to agree to a fair settlement. Your lawyer can also help you determine other financial resources that you may be entitled to receive, such as sick pay or vacation leave from your job.
Once an acceptable offer has been reached, your lawyer will draft and sign a settlement contract. Once signed, you will be obligated to accept the terms of the settlement and will no longer be able to seek additional compensation from the insurer or their insured (in the case of liability insurance coverage). If you are not satisfied with the settlement amount, your lawyer can file a lawsuit against the insurance company and their insured.
Taking Your Case To Trial
If the insurance company refuses to negotiate a reasonable settlement, your lawyer may recommend taking your case to trial. This will require a substantial amount of time and resources, but it can be beneficial if you are seeking compensation for severe injuries or significant property damage. An experienced attorney will be familiar with the process of bringing a case to trial, which can strengthen your claim by convincing the insurance company that you are serious about your legal rights and deserve a fair payout.
A car accident case involves a series of intricate legal processes, negotiations with multiple insurance providers, the burden of proving fault and damages, and possibly arguing your case in front of a judge and jury. Attempting to handle the claims process on your own could be dangerous and lead to costly mistakes. These errors could include missing important deadlines, failing to understand the details of your specific situation, or overlooking relevant law and case history. Moreover, insurance companies are profit-driven entities that prioritize their bottom line over individual policyholders’ needs. This often leads to unfair decisions in terms of settlement offers.
Insurance companies also frequently use tactics to deny injury claims. One way they do this is by asking for access to your medical records. This allows them to look for anything they can use as a basis to deny your claim, such as a pre-existing condition or something you may have said during the accident that was not related to the crash. Your lawyer will review your medical records and other evidence of your injuries to ensure that your claim is valid and will be able to support the full amount of compensation you need.
Another issue is the value of your case, which includes both economic and non-economic damages. The non-economic damages can be difficult to quantify, but they are equally as important as your medical expenses. Without a clear idea of the full value of your damages, you may be forced to accept an offensively low settlement offer. Your attorney will help you build a strong claim that accounts for all of your damages, including non-economic damages, which can be assigned a monetary value by industry experts.
