Kind of Lawyer I Hire Against a Car Insurance Company
When you are injured in a car accident, it is common practice to file an insurance claim against the at-fault party’s insurance company. In some cases, such as those involving uninsured or underinsured motorists, you may file a claim with your own insurance carrier.
If you are having trouble with the claim process, a personal injury attorney who specializes in car accidents can help you seek the compensation you need to recover from your injuries.
Reasons You May Wish to Hire a Lawyer Against a Car Insurance Company
There are several reasons you might consider hiring a car accident lawyer to negotiate with the insurance company, including:
You’ve Been Injured in a Car Accident
Insurance negotiations can be time-consuming and frustrating. When you are recovering from your injuries after a car accident, you may choose to contact a Los Angeles personal injury attorney right away to handle the negotiations and legal filings for you. By allowing the attorney to handle the legal aspects of your claim, you can focus on your physical and mental well-being.
The Insurance Company’s Settlement Offer Doesn’t Cover Your Losses
Sometimes, an insurance company will offer you a car accident settlement right after the accident. They may offer to cover a portion of your medical bills or a certain value. Unfortunately, initial offers are often lower than the full value of your losses. While they may cover your medical bills, for example, they don’t necessarily cover the other losses associated with your injury, including:
- Lost income
- Pain and suffering
- Mental anguish
- Extended or long-term medical treatment
- Physical and psychological therapy
- Reduced quality of life
A personal injury attorney familiar with such claims can work with the insurance company to ensure that they cover the full value of your losses.
The Insurance Company Asks You to Sign a Waiver of Liability
If you have been injured in an accident due to someone else’s negligent or reckless behavior, California law allows you to hold the at-fault party liable for your economic and non-economic losses. Comparative negligence allows you to seek compensation for an accident, even if you were partially at fault.
To avoid paying on your claim, an insurance company will sometimes ask you to sign an agreement or waiver of liability in exchange for a small settlement or even no settlement at all. When you sign such a waiver, you are no longer permitted to seek compensation for the losses associated with that accident. Before you sign any statements, agreements, or waivers, it is best to consult your attorney.
The Insurance Company Denies Your Claim
If you have submitted a car accident injury claim to an insurance company and they denied your claim, a personal injury attorney can help. There are several reasons an insurance company could deny your claim, including:
- They do not believe their client was at fault
- There is insufficient evidence to support the claim value
- There is insufficient proof of fault
A personal injury lawyer in Los Angeles will be aware of the potential pitfalls of a personal injury claim. They can work with you to appeal a denied claim, compile the necessary evidence to support your claim, and negotiate a fair settlement.
How An Attorney Can Assist With Your Car Accident Insurance Claim
When working with an insurance company on your car accident claim, remember that the insurance company stays in business by paying as little as possible for claims. While this doesn’t mean that they will necessarily act unfairly, you may need to push for more compensation if you do not receive sufficient monetary compensation to cover your expenses.
An attorney familiar with such negotiations can handle the legal work for you. Rather than trying to negotiate while dealing with your own recovery, you can rest assured that your attorney has things under control. A skilled Southern California auto accident lawyer can:
- Obtain the evidence to prove who was at fault
- Compile documentation and invoices to prove the value of your case
- Communicate with insurance company representatives by phone, in emails, and in writing to negotiate a fair settlement
- File a personal injury lawsuit
- Defend your case at trial if a settlement cannot be reached
Many car accident claims are settled out of court before the case goes to trial. However, a car accident attorney with case results that show they are prepared to take your case to trial will be ready to represent you if necessary, right from the beginning.
Wrongful Claim Denial and Insurance Coverage Disputes
California Fair Claims Settlement Practices Regulations § 2695.7 states that the insurance company must approve or deny your claim within 40 days. Within 30 days of accepting your claim, they must tender payment in full or take additional action. These dates can vary depending on the circumstances of your claim.
In some cases, an insurance company will delay payment past the legal timeline or refuse to pay a claim altogether. In such situations, you could have peace of mind knowing an attorney is on your side who can handle aggressive negotiations and complex litigation.
If your claim is wrongfully denied or improperly delayed, your attorney can:
- Review insurance policy documents
- Conduct thorough analysis and accident reconstruction to ascertain who was at fault
- Leverage state and federal laws to establish the validity of your claim
- Reassert your claim through a demand letter
- Submit a complaint to the California Department of Insurance
- File a lawsuit for wrongful denial with the court
The laws and regulations surrounding insurance claims are complicated and it can be easy to misinterpret things and make mistakes. You don’t have to do this alone. You can partner with an attorney who has experience handling a wide variety of car accident claims.
Contact a Los Angeles Personal Injury Attorney at KJT Law Group Today
Insurance negotiations can be difficult at the best of times. When you are recovering from a car accident injury, it can seem like an insurmountable challenge. Instead of taking negotiations into your own hands, hire an attorney familiar with the laws governing liability, insurance claims, and personal injury.
The personal injury lawyers at KJT Law Group can provide you with the personalized representation you need to face even large, nationwide insurance companies. Contact our attorneys today or call (818) 507-8525 for a free consultation. We can discuss the challenges you face with your insurance claim and ways we can help.