Insurance Claims Process
Insurance Claims Process
If you have suffered a personal injury, you likely will have the opportunity to file a claim with an insurance company to compensate you for your injuries. Below are the steps you should expect to take during the injury claim process. Know that while an attorney is not needed to complete these steps, one can be very helpful. A personal injury attorney can help you with each step listed below.
Step
Suffer an injury.
1
All kidding aside, to be compensated for an injury by an insurance company, you must first be injured.
Step
2
Contact your insurer. If you have been in a car accident, your car insurance provider can be of great help during the claims process. Contact them as quickly as you can, and follow whatever steps they suggest you complete.
Step
3
Gather evidence. You will need evidence to persuade the insurance carrier that the accident occurred how you describe it. Document the scene of the accident with photos. Gather police reports if they exist. If possible, preserve whatever physical evidence is important to your case. Be sure to keep any medical records concerning your treatment after your accident. Make sure to get the contact information of anyone that saw your accident.
Step
4
Establish who is responsible. Before you can file a claim with their insurance carrier, you first must determine who was responsible for the accident. Look at the facts surrounding your accident. Do your best to determine why it occurred. This may be as easy as determining who hit you. If there are multiple sources, look to see if any of the actors in the accident were cited by police or otherwise were the most likely cause.
Step
5
Determine the value of your claim. There are several things that help determine the value of your claim. An insurance settlement should compensate you for all of the damages you would be entitled to if you filed a lawsuit. Thus, the value of your claim should include your medical costs; lost past, present, and future wages; and your past, present, and future pain and suffering.
Write a formal demand letter. Step
Formal demand letters are the official way to ask an insurance company to compensate you for your losses. In your demand letter, make sure to specify who injured you, the circumstances surrounding your injury, and the value of your damages. Also, briefly cite to some of the evidence you have that supports your claim.
6
Note that this is likely the most important step in your insurance claim. Writing a convincing, well-sourced demand letter can make it much easier to recover what you are owed quickly. Be sure to ask for enough money. It is rare for an insurer to willingly pay out the total amount sought in a demand letter. If your demand letter asks for a low sum, you will not get a higher amount in negotiations.
Step
7
Negotiate Negotiating with an insurance company can be a difficult process. Insurance companies are in the business of negotiating and settling claims on the behalf of their clients. Know that it is unlikely that the insurance company will come close to that value early in negotiations. Negotiations are a back and forth that usually take place over a series of phone calls. Be prepared to offer your best evidence during these phone calls and to hear the best evidence that the insurance company has to offer. You are never, under any circumstances, obligated to accept any settlement offer.
Step
8
File your case in court. If negotiations fall through, or never even get off the ground, you will need to file suit against the person responsible for your injuries before the statute of limitations lapses. Strongly consider hiring an attorney if you are forced to go to court. The insurance company you face will be represented by an experienced civil attorney. Note that the timer on the statute of limitations does not stop for insurance negotiations. If negotiations begin to stretch out too long, go ahead and hire an attorney who can help you prepare your legal claim.
It is highly recommended that you hire an experienced attorney to help you with each step in the process, as they can be quite complicated. (800) 922-8411 (803) 359-6194
http://www.walkermorgan.com
Copyright © 2014 Walker Morgan, LLC
If you have suffered a personal injury, you likely will have the opportunity to file a claim with an insurance company to compensate you for your injuries. Below are the steps you should expect to take during the injury claim process. Know that while an attorney is not needed to complete these steps, one can be very helpful. A personal injury attorney can help you with each step listed below.
Step
Suffer an injury.
1
All kidding aside, to be compensated for an injury by an insurance company, you must first be injured.
Step
2
Contact your insurer. If you have been in a car accident, your car insurance provider can be of great help during the claims process. Contact them as quickly as you can, and follow whatever steps they suggest you complete.
Step
3
Gather evidence. You will need evidence to persuade the insurance carrier that the accident occurred how you describe it. Document the scene of the accident with photos. Gather police reports if they exist. If possible, preserve whatever physical evidence is important to your case. Be sure to keep any medical records concerning your treatment after your accident. Make sure to get the contact information of anyone that saw your accident.
Step
4
Establish who is responsible. Before you can file a claim with their insurance carrier, you first must determine who was responsible for the accident. Look at the facts surrounding your accident. Do your best to determine why it occurred. This may be as easy as determining who hit you. If there are multiple sources, look to see if any of the actors in the accident were cited by police or otherwise were the most likely cause.
Step
5
Determine the value of your claim. There are several things that help determine the value of your claim. An insurance settlement should compensate you for all of the damages you would be entitled to if you filed a lawsuit. Thus, the value of your claim should include your medical costs; lost past, present, and future wages; and your past, present, and future pain and suffering.
Write a formal demand letter. Step
Formal demand letters are the official way to ask an insurance company to compensate you for your losses. In your demand letter, make sure to specify who injured you, the circumstances surrounding your injury, and the value of your damages. Also, briefly cite to some of the evidence you have that supports your claim.
6
Note that this is likely the most important step in your insurance claim. Writing a convincing, well-sourced demand letter can make it much easier to recover what you are owed quickly. Be sure to ask for enough money. It is rare for an insurer to willingly pay out the total amount sought in a demand letter. If your demand letter asks for a low sum, you will not get a higher amount in negotiations.
Step
7
Negotiate Negotiating with an insurance company can be a difficult process. Insurance companies are in the business of negotiating and settling claims on the behalf of their clients. Know that it is unlikely that the insurance company will come close to that value early in negotiations. Negotiations are a back and forth that usually take place over a series of phone calls. Be prepared to offer your best evidence during these phone calls and to hear the best evidence that the insurance company has to offer. You are never, under any circumstances, obligated to accept any settlement offer.
Step
8
File your case in court. If negotiations fall through, or never even get off the ground, you will need to file suit against the person responsible for your injuries before the statute of limitations lapses. Strongly consider hiring an attorney if you are forced to go to court. The insurance company you face will be represented by an experienced civil attorney. Note that the timer on the statute of limitations does not stop for insurance negotiations. If negotiations begin to stretch out too long, go ahead and hire an attorney who can help you prepare your legal claim.
It is highly recommended that you hire an experienced attorney to help you with each step in the process, as they can be quite complicated. (800) 922-8411 (803) 359-6194
http://www.walkermorgan.com
Copyright © 2014 Walker Morgan, LLC
