Dealing with Insurance Companies After an Accident: What You Need to Know

There are several key considerations when working with insurance companies after a car accident, slip and fall accident, defective product accident, or injuries due to medical malpractice. We generally recommend that you speak with our experienced personal injury lawyers. Our lawyers have more than 40 years of experience negotiating with insurance companies and arguing cases before juries. We have a strong record of recoveries and are nationally and locally recognized leaders from Washington, DC.

Understanding which insurance policies cover your claim

There are different types of insurance policies depending on your type of claim:

• Vehicle accident insurance. Generally, drivers must carry minimum insurance coverage for bodily injury, wrongful death, and property damage. Drivers should also consider carrying UM/UIM insurance, PIP insurance, collision insurance, and comprehensive insurance.
• Property insurance. Homeowners should carry homeowner’s insurance in case their negligence harms someone who uses their property. Commercial property owners should carry commercial property insurance to cover premises liability claims.
• Medical malpractice insurance. Doctors, hospitals, and other types of healthcare professionals should carry professional liability insurance in the event their negligence harms a patient.
• Health insurance. Everyone, to the extent they can afford insurance, should purchase their own healthcare insurance.

Manufacturers should also carry liability insurance to cover product liability claims.

Discussing your claim with insurance companies

Insurance companies generally require that accident victims notify their own insurance carrier as quickly as possible. For example, if you’re in an accident with another driver, you should notify your own insurance company so they can investigate the claim. In some cases, such as if you have PIP insurance, your own insurance company should pay you directly for your medical bills and lost income, up to specific dollar amounts.

Generally, you should not call or speak with the insurance companies for any defendants. If they contact you, you should explain that you have legal counsel and that the insurance company should speak with your lawyer.

Understanding the arguments insurance companies are likely to make

The first thing to know is that the insurance companies for the defendants (drivers, property owners, doctors, and others) are NOT your friend. They are not trying to help you. They are only trying to help themselves and their client, their insured. The insurance companies will do everything to deny your claim. In Washington, DC, unless an exception applies, the insurance company for the defendant(s) will work to show that you were partially responsible for the accident. If you are partly responsible, your entire claim could be denied.

Insurance companies may argue that your injuries aren’t as severe as you claim, that your injuries are due to a pre-existing condition, or assert other arguments to limit your damages.

Understanding what damages you can receive

The insurance companies won’t volunteer more than they have to. This means that unless you demand it, the insurance companies for the defendant(s) won’t tell you that you have the right to damages for your pain and suffering (if you qualify ), scarring and disfigurement, loss of consortium, or other financial and personal damages. If you elect PIP coverage, DC law generally requires that you use your PIP benefits first, and may restrict your right to sue unless your injuries are serious or meet certain exceptions. Our lawyers can explain when and how you can file a claim if you’re in a car accident or any other type of accident.

Knowing how insurance companies evaluate the value of your claim

Insurance companies generally negotiate settlements based on the strengths and weaknesses of your liability claim, the types of financial and personal damages you have, the amount of coverage their client has, and how well they think you may do if a jury decides your case.

Insurance companies often use their own software to determine the value of your accident case. Many insurance companies use a software program called “Colossus” that uses artificial intelligence and the data from numerous insurance companies nationwide to place a value on your claim. The program analyzes the injuries you have, your medical bills, where you’re located, how likely your lawyer is to try your case before a jury, and many other factors. The exact algorithms are proprietary to the owners of the software.

Understanding when you should consider rejecting an insurance company offer

At Nace Law Group, we are always ready to argue your case before a jury. We understand the pros and cons of jury trials. Our Washington, DC personal injury lawyers will prepare you for the jury trial so you know what to expect.

In most cases, juries award more money than insurance companies do. The primary reasons accident victims accept insurance settlements instead of trying their case in court are:

• Juries are less predictable than insurance companies regarding liability and damages.
• Most clients would rather settle because taking a case before a jury is more stressful.
• You may need to wait months or longer before a jury hears your case.

Settling your personal injury case with an insurance company

• Even if you decide to settle your personal injury claims, there are a few points to consider that our seasoned personal injury lawyers can review with you:
• There may be multiple defendants who are responsible for your injuries or the death of a loved one. Our skilled personal injury lawyers can identify all the defendants that are responsible.
• If you settle with one defendant, you need to make sure that the settlement doesn’t affect your ability to proceed against other defendants.
• If you settle your accident claim, the insurance carrier who settles will ask that you sign a release form, which releases their client from any future claims – even if your injuries turn out to be worse than you thought or you realize later that you should have asked for more.

If you are in an accident, please contact our experienced Washington, DC personal injury lawyers. We can speak with the insurance companies for those responsible for your accident and your own insurance companies. Please call Nace Law Group or complete our contact form to schedule a free consultation.