Dealing with Insurance Companies After an Accident

In the case of nearly every California car accident, one of the first steps that you, the injury victim, will want to take in order to begin the process of recovering compensation for your injuries and losses is to file an insurance claim. In California, you are able to file a first party claim with your own insurance carrier or you may choose to file a third party claim with the insurance carrier of the at-fault driver. In either event, however, pursuing a claim through an insurance carrier can be a frustrating and confusing process.

Insurance companies – like any other for-profit business – exist to make profits for their shareholders. An insurance company makes a profit when the amount of premium payments it receives from its policyholders exceed the amount of money the company pays for legitimate claims submitted to the company. Conversely, an insurance company will lose money if the amount of money it receives in the form of premiums is less than the amount of money it expends in paying legitimate claims. Therefore, any insurance company (whether you are its customer and a policyholder or not) has a significant financial incentive to pay as little as is legally permissible on your claim.

How Does the Insurance Claim Process Work?

The manner in which your insurance claim is handled will depend on whether you file a first-party claim or a third party claim:

• When filing a first-party claim with your own insurance company, you will first need to report the crash to your insurance company. Depending on your carrier, this initial report may need to be made in writing, online, and/or by telephone. Your insurance company may ask you to provide a recorded statement at this time about the crash and how it occurred, but it is usually better to consult with an experienced insurance claim attorney first before doing so. Once your claim is submitted, your insurance company will send an adjustor who will review your injuries and losses and verify your coverage. If the adjustor finds you have suffered a covered loss, then your insurance company will pay your claim up to your policy limits.
• When you file a third-party claim, the process is nearly identical to the process applicable in the case of first-party claims. The major difference between the two, however, is that before the other driver’s insurance company will pay your claim the insurance company will want to determine whether their insured driver is at fault for causing the crash. If it so determines, it will pay your claim up to their insured’s coverage amount.

If your first-party or third-party claim is denied, the insurance company will usually inform you of the reason your claim was denied and what you can do to appeal the decision.

What is the Relationship Between an Insurance Claim and a California Car Wreck Lawsuit?

Both a California insurance claim and a car crash lawsuit are vehicles through which injured drivers and passengers can obtain compensation for the harm they suffer as a result of the crash. While insurance claims may be quicker than car wreck lawsuits (especially first-party claims), an insurance carrier presented with a legitimate claim will only pay up to the limit of the policy. If your injuries and losses are greater than the policy’s limits, then you will need to initiate a California car accident lawsuit in order to recover the difference. There is no law that prohibits or limits your ability to obtain full and fair compensation.

When you file a first-party claim, your insurance company will likely seek compensation for the money it paid to you from the at-fault driver and/or his or her insurance company. This may be beneficial to you in that as you are pursuing your lawsuit for additional compensation, your insurance company will be pursuing its own claim against the same defendant(s). Therefore, you and your attorney may be able to work cooperatively with the representatives of your insurance company to successfully resolve your claim and lawsuit.

What Should I Keep in Mind While Speaking with an Insurance Company?

You must remain on guard when speaking with a representative of any insurance company (even your own) after a crash. While the representative / adjustor may appear friendly and as if he or she wants to help, these individuals may attempt to obtain information from you that can be used to reduce or deny your claim. As a result, keep the following tips in mind:

• Do not give any written or recorded statements to an insurance representative without first talking with an attorney. Statements you make in writing or over the phone can be used to assign fault to you and thereby reduce – or even deny – your claim. An attorney can help you prepare a written statement (or prepare you to give a recorded statement) that accurately describes the events of the crash while still protecting your rights.
• Do not believe that you must accept the insurance company’s first offer. Recall that insurance companies are only able to make money when the amount they pay for claims is greater than the amount they receive in premiums. As a result, the initial amount that an insurance company offers you to settle your claim may be unrealistically low. Before agreeing to accept any payment on your claim, it can be helpful to have an attorney review the offer with you to ensure you are receiving an appropriate amount for your losses.
• Avoid signing any document that speaks of “waiving” your rights or “releasing” your claim. Insurance companies regularly present these documents and make signing them a condition of accepting a payment from the insurer. However, these documents may make it impossible for you to pursue additional legal rights you may have.

The Wyatt Law Corp Car Accident Attorneys is here to help you protect your legal rights and recover a compensation award that adequately addresses your losses and expenses following a California car wreck. Contact our office to learn how we can help you in dealing with insurance companies and the insurance claims process. Call 916-277-8820 today and speak with our knowledgeable and dedicated legal team today.