The occurrence of a car accident can trigger the filing of a personal injury claim. Insurance plays a role, too, at that accident scene. The victim and the person at-fault exchange their information, which contains details about their respective insurers.
What happens after that exchange of information?
If the victim of the accident wants to expedite the process of filing a claim and negotiating for a settlement, then that same victim/claimant reports the accident to the insurance company. In addition, it becomes the victim’s/claimant’s responsibility to document every communication with the insurance adjuster, and every transaction made with members of the medical community.
The insurance company that sold a policy to the victim/claimant checks to see of the at-fault driver has paid for liability insurance. If that same driver does not have liability insurance, then the money needed as compensation for the victim must come from the victim’s own insurance company. The personal injury lawyer in Poway knows that insurance adjuster looks at the value of the policy holder’s claim. That involves checking to see how serious the claimant’s reported injuries appear to be. The more serious the injuries, the greater the claim’s value.
If the adjuster sees that the claimant sustained only minor injuries, then it becomes apparent that the adjuster’s initial offer ought to match with the low value of the claim. In other words, the adjuster plans to offer just a small amount of money, when opening the negotiations.
What other factors affect the part played by the insurance company?
If the at-fault driver has no insurance, but the claimant has uninsured motorist coverage, then the claimant’s insurance company does not proceed in the manner that is typical for a 1st party claim. Instead, the insurer treats the policy holder’s claim in the same way that it would any claim that might have resulted from a 3rd party accident.
What happens if the at-fault driver does have liability insurance, but, due to the limits on that insurance policy, it does not cover all of the claimant’s losses? Ideally, the claimant would have paid for underinsured motorist coverage. If that proved to be the case, then the money provided by that coverage should help to make-up for the difference, between the money available and the monetary value of the claimant’s losses.
If the claimant had not purchased underinsured motorist coverage, then it could prove more difficult to compensate the victim/claimant for the losses caused by the accident. Did the at-fault driver have any assets? If so, then the victim/claimant would have the right to go after those assets. How could the victim go after any known assets? That would involve filing a personal injury lawsuit, and eventually facing the at-fault driver in a courtroom.