You’ve been injured in a car accident and now you know that getting started on your claim means working with the insurance company in your case. When you’re talking numbers and damages, you will be dealing directly with an insurance adjuster. Although we always hope that the adjuster has our best interests in mind, you might find that some aspects of your car accident case are especially difficult and you might wonder how adjusters come to a determination about how much you should receive in damages in your case.
What You Need to Show
Following an accident, you might think that the insurance adjuster involved in your case takes a closer look at all the details of your case and everything just falls together. However, a lot will be needed from you as you show proof in your case and show how the other party acted negligently in your case.
To move forward, you as the plaintiff must be able to show the burden of proof, which will hold the other party liable. You must be able to show that, more than likely, the defendant caused the accident and the accident caused your injuries. This means that you must be able to present detailed evidence in your case and show that the defendant owed you a duty of care. Perhaps you have photographs taken from the scene, police reports that pin the blame on the other party, and witness statements from those who witnessed the accident.
Now that you know what you must show, what does the insurance company have to do for you?
The Goal of the Insurance Company
The insurance adjuster, from the very beginning, is supposed to determine what your case is worth after they have investigated the facts of your case. Unfortunately, the insurance adjuster works for the large insurance company and not just for you as the victim. The insurance company has one thing in mind: keeping payment that they owe to you as low as possible. However, insurance adjusters are intelligent enough to know that, if they don’t pay you what you need to get the most out of your damages, they could be facing a lawsuit.
The insurance adjuster will look at the actual medical expenses that you have incurred and could incur in the future, actual losses that you have incurred from missing work, damages you have received from pain and suffering, and more. Adjusters will try to figure out the maximum of what they could pay you for your injuries, and then will make an offer that is lower than that by default. This could be as much as 25-50% lower than you were expecting. They do this so that, if you try to tell them you want more at settlement, they have wiggle room.
Only an experienced personal injury attorney understands the strengths of your case and can help you when you feel as if the insurance company is not listening to you. At Katz Kantor Stonestreet & Buckner, we want you to know that we have the resources, contacts, and professionals to work with you to collect evidence that you need to prove your claim and help you through every step of the process, from investigations to the settlement. Contact us today for help that you can rely on at (304) 713-2014.
Note: Secondary sources were used to create this piece and, because of this, the information included has not been independently verified. If you notice a factual issue with our posting, please bring it to our attention and we will correct or remove it as soon as possible.
Disclaimer: Our intent in these posts it to bring attention to the dangers members in our community face and to encourage caution. Accidents do happen and we hope these posts help those affected. However, this information should not be misconstrued as legal or medical advice, and we urge you to contact a trained legal professional for more information regarding your specific situation.