When a person sustains an injury that was the direct or indirect result of the negligent actions of another, they are strongly encouraged to get in to
When a person sustains an injury that was the direct or indirect result of the negligent actions of another, they are strongly encouraged to get in touch with the trust insurance provider of the party responsible. The insurance company will look into the situation, and either you or your personal injury attorney will receive a response from them with the results of their investigation. However, in the same way as civil defendants have legal input into the process of collection, insurance providers also have legal input, which can be quite difficult when it comes to the negotiation process.
Adjusters for insurance policies are qualified experts who handle claims for insurance companies on a regular basis. Their number one priority is to ensure the safety of their customers, regardless of how careless their customers may be, and to reduce costs for the business by finding any excuse possible to reject insurance claims.
Some of these individuals are so skilled that, if you were to negotiate with them on your own without the assistance of an experienced lawyer, they would be able to persuade you that you were at fault in a situation when you actually weren’t. Because of this, it is never a good idea to undertake discussions of an injury claim alone without the legal assistance of a skilled attorney who is familiar with the ins and outs of the process and can guide you through it. Accident cases are not as straightforward as you might initially believe. If you try to handle everything on your own, there are a lot of legal loopholes that can be exploited against you.
First Insurance Company Contact
In most cases, the insurance company will call the injured person directly to inquire about the status of the claim and may even request a sworn declaration from the policyholder. You must take note of what they are asking of you, but you should never acknowledge anything or commit to a statement because the insurance adjuster will use it against you if the case goes to trial. Taking note of what they are asking of you is very crucial.
These adjusters are always seeking reasons to reject your claim or, at the very least, minimize the amount that you are owed, and your statement can provide them with the ideal opportunity to do so. In addition, during the initial talk, you should not sign anything; rather, you should use it as an opportunity to gauge how difficult the adjuster will be to work with during the negotiation of the final settlement.
During the settlement negotiation, one of the legal aspects that insurance companies will emphasize is the concept of comparative negligence. Under the law of comparative negligence, an injured party in Arizona has the right to collect compensation even if they were 99 percent responsible for the accident that caused their injuries.
However, they are only permitted to seek compensation for the damages in situations in which they were not responsible for causing them. Regardless of the amount of insurance coverage that is available, the amount that a plaintiff can claim for damages will be reduced proportionately to the percentage of the plaintiff’s carelessness that is considered to be similar. Claims handlers are well knowledgeable about this procedure and will make every effort to assign a significant percentage of comparative fault to the plaintiff.
Having a personal injury attorney on your side who is familiar with the procedures involved in such cases and who is able to examine the steps taken by insurance companies can make the difference between achieving a reasonable settlement and very little damage recovery.
Low Offers and Stalling Tactics
An insurance claims adjuster’s first instinct when they detect you want to engage a lawyer to negotiate is to offer you significantly less money than you deserve. A skilled lawyer can help you realize the full value of your claim in this situation. Please do not take them up on their offer or sign a medical release since you may be giving up more than you think.
If you retain legal representation, your case will be examined and probed in light of your legal motions and counsel, and the insurance company will be compelled to reveal material relevant to your case, including the respondent’s insurance level.
When a legal claim settlement is being intentionally delayed, the court views this as bad faith. This means the insurance provider may be subject to a third-party lawsuit whose damages are not limited by the policy limits. The representative you are interacting with and their activities should constantly be in your line of sight.
Trust Insurance Requirements in Arizona
Although we have had clients involved in car accidents where the other driver did not have insurance, Arizona law requires proof of financial responsibility before registering a vehicle. This can be in the form of a $40,000 bond, a $40,000 insurance policy, a $40,000 CD, or $40,000 cash.
Two types of insurance policies are required as evidence of financial responsibility:
- Accidental death and bodily injury coverage of $30,000
- Insurance for property damage is limited to $10,000 per occurrence.
The insurance provider will only pay up to the amount of coverage you purchase, so if your losses are greater than that amount, you may have to fund the difference yourself.
In 2010, auto accident injuries cost more than $99 billion, or about $500 for each licensed U.S. driver, according to the Centers for Disease Control and Prevention (CDCP).
Should you have any issues with an insurance business, you can contact the Arizona Department of Insurance (ADOI). The ADOI conducts investigations of insurance companies, assesses them, and then decides whether or not they conducted a reasonable inquiry and fairly modified your claim. However, the ADOI is not able to amend claims or judge the level of damage, the worth of vehicles, or the expenses of repairs.