The Role Of Insurance In A Personal Injury Claim

Timeline For Insurance Decision On Personal Injury Claims

The duration it takes for an insurance company to evaluate a personal injury claim depends on several factors. If the insurer admits the liability of their policyholder, the evaluation process becomes more straightforward. At this stage, the focus shifts to assessing your damages, identifying your injuries, and determining the value of your case.

In some situations, the nature of the injuries can be complex. If you were undergoing treatment or had an active injury at the time of the incident, the evaluation might take longer. The insurance company may request access to your prior medical records for scrutiny, a matter best discussed with an attorney before granting permission.

The policy limit of the at-fault party’s insurance also influences the timeline. For instance, in Washington, if the minimum policy limit is $25,000 and your medical bills already total $20,000, you are still entitled to compensation for pain and suffering. If these combined damages exceed the policy limit, the insurance company may offer to settle the claim for the policy limit.

Ideally, the resolution of your case begins once your injury treatment is completed. With a clear understanding of your medical expenses and wage loss, your attorney can better negotiate a settlement on your behalf. However, if filing a lawsuit becomes necessary, expect the case resolution to take longer.

Insurance Tactics in Personal Injury Cases

A frequent defense employed by insurance companies in personal injury cases in Washington is comparative fault. They assert that you were partially responsible for the accident, warranting a reduction in your damages accordingly.

In cases where liability is unclear—such as determining the right of way in an intersection accident—the insurer may try to distribute fault between you and the at-fault party to decrease your settlement amount. As Washington is a comparative fault state, if you’re found to be partially or entirely at fault, your damages award is reduced by the percentage of your fault.

Beyond comparative fault, insurance companies seek ways to limit your injury claim. They scrutinize any pre-existing conditions and argue that they are only responsible for exacerbating, not causing, these conditions, thus decreasing their payable damages.

They’ll also look for treatment delays to suggest you’re either not as injured as you claim, exaggerating symptoms, or possibly even fabricating them. If new symptoms or injuries are reported later in the case, insurers may claim these are exaggerated or caused by subsequent incidents. Hence, it is essential to report all your symptoms to your medical providers from the onset of treatment.

Insurance companies may also capitalize on minor damage to your vehicle, claiming that minimal or no damage implies no injuries, which isn’t necessarily accurate. An experienced attorney can effectively counter these tactics to help you secure the compensation you deserve.

The Dilemma Of Initial Settlement Offers

If an insurance company presents an upfront settlement offer that seems appealing, should you accept it? Typically, the answer is no. The initial offer from an insurance company is seldom their best. Until a medical provider has confirmed the resolution of your injuries and the absence of need for future care, you should not accept a settlement offer. Upon accepting their offer, you’ll likely sign a release of liability, barring you from seeking additional funds in the future if your injuries worsen or if new injuries emerge.

For more information on the Role Of Insurance In A Personal Injury Claim, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (253) 339-8500 today.