When you’re involved in a car accident, the last thing you want to deal with is insurance companies and lawyers. But if you want to be paid fairly for your injuries, unfortunately that’s exactly what you’ll have to do.
Here’s the problem…
Most people don’t even know where to start when filing an auto accident compensation claim. And insurance companies are counting on this!
They know that if they can confuse you long enough, they can get away with paying you as little as possible.
You shouldn’t have to be one of their statistics.
This article will walk you through exactly how personal injury law works. By the end, you’ll feel confident navigating the car accident claims process.
Let’s get started.
What you’re about to discover:
- How Personal Injury Law Works
- The Claims Process
- Why you need an attorney
- Mistakes that can destroy your claim
How Personal Injury Law Works
Personal injury law was created for one reason only. To provide financial recovery for those that are injured through the negligence of others.
In auto accident cases, this usually means holding reckless drivers financially responsible for the damages they caused. The majority of personal injury claims are based on “negligence” of one party.
Here’s an example…
You’re driving down the road and a driver texting at the wheel runs a red light, crashing into your car. That driver was negligent. They failed to pay attention, and you were hurt because of it.
Now they owe you money to pay for your medical bills, lost wages, and pain and suffering.
It’s that simple.
But insurance companies have spent years purposely confusing victims so they won’t know how to collect fair compensation after an auto accident. Which is why working with a knowledgeable Car Accident Lawyer in Denver can help you during this tough time. Don’t risk your future by not having an expert on your side.
Back in 2024 alone, NHTSA estimates that 39,345 people died in traffic accidents. Over 135,000 people were injured that required medical treatment.
These people can’t recover compensation for themselves now. Let’s make sure you don’t end up in that statistic.
How the Claims Process Works
One of the most valuable things you can do as an accident victim is learn about the claims process. When you know what to expect, you’ll avoid common pitfalls.
So let’s review the basic claims process for auto accidents.
A victim will file a claim with the at-fault driver’s insurance company. Both insurance companies will investigate the accident and assign fault.
The insurance company that pays out your settlement will then negotiate with you to pay you as little as possible.
If they’re unable to reach a settlement, they will then file a lawsuit against each other to recover costs.
Sound confusing already? Here’s what that means…
Insurance companies love taking advantage of victims who don’t know what they’re doing. They know you came into this process injured and struggling. That’s why they often lowball settlement offers, hoping you’ll take the money and run.
The personal injury claims process can be broken down into different stages:
- The investigation stage
- Treatment stage
- Negotiation stage
- Trial stage
Approximately 95% of all personal injury cases settle before trial. Meaning the negotiation stage is the most important.
Why You Should Have a Car Accident Lawyer
Here’s a little known fact…
Your choice to hire an attorney dramatically increases your odds of maximizing your compensation. Research shows accident victims that hire lawyers receive more money.
Why? Because attorneys know how these claims work. They know how to value your injuries properly. They know how to fight back when insurance companies lowball settlement offers.
Insurance companies know this too. Which is why insurance adjusters often rush accident victims into settlements before they ever consult with a lawyer.
They’ll act nice, and reassure you they have your best interests in mind. But they don’t work for you, they work for the insurance company.
Insurance companies have one job.
Make sure you hire a lawyer that does their job. A personal injury attorney will:
- Calculate your maximum injury value
- Gather evidence from the accident scene
- Negotiate with insurance companies
- File your lawsuit if necessary
- Protect your best interests
The personal injury claims process can be extremely difficult for anyone to handle on their own. Over the years, it’s become even more complex.
Deciphering through medical records, police reports, and negotiating with insurance companies are just some of the tasks you’ll face.
4 Mistakes That Destroy Claims
There are very few things that will destroy a personal injury claim faster than making simple mistakes.
Mistake #1: Giving a recorded statement too soon
After accidents, insurance adjusters will often call you and ask to “Take your statement”. They record you talking about what happened and use this against you later.
Mistake #2: Accepting the first settlement offer
Insurance companies want to resolve claims as soon as possible. They’ll lowball you with a first offer, hoping you’ll be desperate enough to take it.
Mistake #3: Waiting to seek medical treatment
If there is a delay in your treatment, insurance companies use this as proof that your injuries weren’t serious. You need to seek treatment ASAP.
Mistake #4: Posting on social media
As mentioned earlier, insurance adjusters are sneaky. They will go through your social media profiles to try to find reasons to pay you less.
Don’t make their job easier.
Remember, according to the National Safety Council, in 2023 motor-vehicle crash injuries alone cost Americans 513.8 billion dollars. That covers hospital bills, lost wages, vehicle damages…you name it. And that money belongs to the injured victims…not insurance companies.
How to Build Your Best Possible Case
Having a rock solid case can’t be stressed enough.
Insurance companies have lawyers who fight claims like yours everyday. You need evidence to back up your claim!
Police reports show who was at fault. Medical records show you were injured. Photos document your damages. Witness testimonials verify your story.
Take these steps immediately following an accident:
- Call the police and file a report
- Photograph any damages
- Exchange all contact information
- Seek medical attention
- Keep records of all accident related expenses
- Don’t admit fault or assign blame
Once the foundation of your claim is built, you’re better positioned during settlement negotiations. Insurance companies take claims seriously when you have solid evidence.
Wrapping Up
Hopefully now you have a good understanding of how personal injury claims work. Remember…
Accidents happen quickly. Dealing with insurance companies and personal injury lawyers is what takes years.
You now have the knowledge to make smart decisions moving forward with your claim. Don’t let insurance companies take advantage of you.
Stay educated on your rights as an accident victim.
