RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
“Prospective clients may not obtain the same or similar results.”
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Dealing with Insurance Companies

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Personal Injury

When dealing with insurance companies it is important to remember one thing—in the vast majority of personal injury cases the insurance company is not, nor are they obligated, to protect the legal rights and interests of the victim. Of course they do provide defense to an insured in matters where their insured is alleged to be the negligent party, however this is typically the result of the insurance provider’s contractual obligation to provide a defense. This further reinforces the notion that insurance companies typically act in their own best interest.

In general, insurance companies only owe a duty to act in good faith when dealing with the settlement and compensation of legitimate claims brought forth by the victims of an accident. In other words, insurers must refrain from acting in bad faith. However, an insurance company is under no obligation to inform you whether or not a particular settlement offer is sufficient to fully compensate the victim or their loved ones for their injury or loss.

In some cases, where the insurance policy held by the negligent party is insufficient to compensate for injuries, the victim will seek compensation through their own uninsured/underinsured motorist coverage. Essentially, the victim is asserting a claim against their own insurance company. It is important to remember, that in these situations, your own insurance provider is your opponent, and not your advocate, as policy holders might think.

Many of us have learned, whether from friends, family, or even commercial ads, that the victim should refrain from giving a statement, especially one that is recorded, to an insurance company. In fact, many advise against any communication with an insurance company involving injury, with the exception of providing information to meet basic reporting requirements (i.e. providing notification of the accident with specified number of hours).

If you have not contacted an attorney within the reporting period, as is the case with many victims,  it is important to remember that you are required only to provide factual details necessary to sufficiently report a claim, as stated in your insurance policy contract.

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It can be extremely difficult, if not impossible, to make an accurate determination of the total extent of losses, that extend from a particular accident,  immediately following the incident. There may be undiscovered injuries, extended periods of medical treatment, and some victims may even require surgery. Consequently, victims should never assume that the insurance of the at-fault party will provide adequate compensation upon liability being established. Any insurance company that may be a potential source of compensation is also a potential opposing party, and therefore should be dealt with accordingly.

Many of our clients have come to us with worries over prior communications with insurance companies. Some are not sure what statements were previously made. Some, might have not  been competent, coherent, or physically able enough to accurately relay the details of an incident, at the time of making such statements. We represent clients at all stages of the personal injury claims process.

For the reasons provided herein, and many others, it is generally most beneficial for a victim to seek legal consultation as soon as possible following the accident. Having an attorney advocating on your behalf, will not only ensure the protection of your legal rights, but can also allow for the maximum recovery of damages.