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How does an injured person deal with an auto insurance company?

On Behalf of | Oct 15, 2020 | Personal Injury |

Car accidents happen with unfortunate frequency. Sometimes, the incidents are minor, and at other times, they involve fatalities. Often, the parties to an accident find themselves dealing with insurance companies. People hurt due to a car accident may feel heavily reliant on the insurance company’s settlement. Dealing with the insurance company after an injury could prove stressful and challenging to California residents.

Making an insurance claim

When someone causes an accident due to negligence, the injured party may file a claim against the driver’s insurance company. When hurt by uninsured or underinsured drivers, an injured driver could file an uninsured/underinsured claim, if possible. In California, Personal Injury Protection is optional coverage. The injured party may be able to file a claim under PIP, depending on the circumstances.

In all these situations, someone undergoing injury rehab and recovery might find dealing with the insurance company necessary but challenging. Sadly, the insurance company might be most interested in its interests. The company may attempt to pay too little or even look for a way out of paying. Exclusion clauses exist, but the insurance company does obligate itself to legitimate, covered claims.

Considering the possibility of denial

When an insurance claim gets denied, the injured party could sue the person accused of negligence. Hopefully, the defendant has enough assets to make the lawsuit worth it.

The insured might also be able to sue the insurance company. If the insurance company breaches its contract, then suing the company may prove advisable.

Speaking and negotiating with an insurance company after motor vehicle accidents and collisions might be something best left to experienced professionals. A personal injury attorney could negotiate for a higher settlement or even attempt to sue beyond policy limits.


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