

Dealing with the Insurance Company

In almost every situation where you are involved in an accident, you will find yourself dealing with an insurance company. Insurance companies are supposed to pay out money to you to compensate you for damages that you suffer in an accident covered by their insurance policy. Unfortunately, the primary goal of insurance companies is not to compensate accident victims fairly but instead to protect as much of their profits as possible by minimizing the amount in paid out claims.

Because insurance companies operate with a focus on their best interests, not yours, it is important that you have your own legal advocate to help you to deal with securing the compensation necessary to make maximum recovery from your injuries. At Freeman Injury Law, we have the experience and dedication you need to fight for your rights and to get the largest settlement possible in an accident case. If the insurance company won’t treat you fairly, we can also vigorously represent your interests in court to get you the justice you deserve.

Dealing with Your Own Insurance Company

When you are making a claim against your own insurance company, such as for accident damages under personal injury protection or under uninsured motorist coverage, your insurance claim is called a “first-party” insurance claim.

You have the right, when making a first-party insurance claim, to receive the full amount of compensation necessary to fully cover all of your losses that your policy protects you against. This means you can challenge the insurance company’s valuation of your damages if you believe that the amount they are offering to settle your case is not based on the facts. In addition, if your insurance company is unfairly or unjustly denying claims that should be covered, you may file a bad faith claim against the insurer. When your insurance company acts in bad faith, you can obtain additional compensation from them for their bad behavior which, in some cases, exceeds the policy limits.

Dealing with Someone Else’s Insurance Company

In many accident cases, you are dealing not with your insurance company but with the insurer representing the person who hurt you. In these cases, it is important that you are able to prove that the insured was at fault for the accident in order to convince the insurance company to accept responsibility. The more evidence you have and the stronger your case, the more likely it is that the insurer will pay you a fair amount.

When you are dealing with the insurer of another party, you may try to settle your case outside of court by agreeing to accept a lump sum payment in exchange for releasing liability. If the insurance company does not agree to a fair settlement, you can sue the person who hurt you in a personal injury action. The insurance company will defend the individual and pay damages up to the policy limits if you win in court.

General Tips

While there are some differences between dealing with your own insurer and dealing with someone else’s insurer, there are also some general principles to keep in mind to help make sure you do not inadvertently do anything to jeopardize your claim. For example:

  • Don’t provide more information than is necessary or than you are asked. Anything you say to the insurer could potentially be used against you.
  • Speak to your lawyer before talking to an insurance company or before signing any documentation that is a potential waiver of your legal rights.
  • Keep copies of everything that you send to the insurance company and of any information or materials that the insurance company sends to you.

By following these tips and ensuring you have qualified legal representation, you can protect your rights and make sure that the insurance company doesn’t pay you less than you deserve.

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