PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – Won’t my Car Insurance or the At-Fault Party’s Insurance Cover my Needs after the Accident?

PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – Won’t my Car Insurance or the At-Fault Party’s Insurance Cover my Needs after the Accident?

May 11, 2020

In our series of blogs titled “FAQs Car Accident” or “Frequently Asked Car Accident Questions”, a common question posed to our Car Accident Attorneys include: “won’t my car insurance or the at-fault party’s insurance cover my needs after the accident”?  In other words, “do I need an attorney if there is insurance coverage for the loss”?

In an ideal world the insurance company for the at-fault driver would immediately accept liability and pay out the injured party’s damages promptly without issue.  Unfortunately, this rarely happens.

What car accident victims quickly discovery is that insurance adjusters often delay payment and seek to discharge claims with nominal payouts. The ultimate consideration when paying out an auto accident claim is bottom-line profits for the insurance company.   Insurance companies reward insurance adjusters who delay payments and pay-out nominal claim amounts, often that fall well-below an injured party’s damages.

In short if you attempt to file a claim through your insurance carrier or the at-fault driver’s carrier following a car accident expect the following:

  • Insurance carriers will delay in making a determination as to fault. Specifically, a car accident victim will call an insurance adjuster to get a status update on their personal injury claim and the adjuster will respond with an excuse as to why liability has not been determined. Often insurance adjusters provide frivolous excuses to justify the delay in determining liability.  Such excuses include: “we have been unable to make a determination as to liability at this time”, “fault has not been determined” or “we are waiting for certain information to make a determination as to fault”; these statements are made despite the fact that the adjuster has all material information as to the car accident.
  • Insurance adjusters will not compensate car accident victims for the damages and injuries they sustained in an auto accident. Specifically, adjusters have an interest in paying out little or no funds on car accident cases, the way they often accomplish this goal is by making conclusory claims that the sustained injuries did not result from the car accident.  Insurance adjusters prevail in making such arguments by frivolously claiming the “injured party’s damages were pre-exiting”, “the sustained damages did not result from the auto-accident” or “the medical treatment received was not reasonable or necessary”.  Despite the fact that car accident victims may have supporting medical records, insurance adjusters may still make such frivolous claims as an attempt to dodge their responsibility to fairly compensate auto accident victims.

Because of the unjust tactics employed by insurance companies, it is a challenge and nearly impossible for an injured party to secure just compensation for damages they sustained in a car accident.  With the assistance of a personal injury attorney, a car accident victim has a much better opportunity to secure fair compensation for their injuries, despite having insurance coverage for the motor vehicle collision.

For more blogs discussing “FAQs Car Accident” or “Frequently Asked Car Accident Questions” see the links below:

Contact Us for Advice after a Car Accident or Uninsured Motorist Claim

If you were involved in a car accident or have any questions about your personal injury case call us today at 619-432-5145 for a free consultation with one of our experienced California Personal Injury Lawyers and San Diego Car Accident Attorneys.


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