Were you recently injured in an accident? If so, you have likely considered filing a claim with the insurer of the party responsible. You may be wondering how the process of pursuing damages works and what is typically covered by insurance (from an outlet such as TLC Associates). The following is some information about the claims process:
Determining Who is at Fault
The insurance company will have to take steps to determine who is at fault for the accident. One thing they consider is the division of fault. This refers to the percentage of which each party is responsible in the accident. You will be included in this division, if you have any part of the accident. The insurance adjuster will take the information from the accident report and assign percentage of fault to everyone involved. If you have zero faults in the accident, you will likely be compensated at 100 percent. If you have some fault in the accident, removing a percentage of the figure will compensate you, and then you will receive the remainder.
Determining fault is largely determined by each state. Some states use strict comparative negligence where you are allowed to seek compensation even if you are deemed partially at fault. Modified comparative negligence is used by other states. This limits your ability to file a claim through the other driver's insurance company. Contributory negligence is essentially a black or white method of determining fault. If you are deemed even ten percent at fault, you are not going to be compensated for anything related to the accident.
Compensation of Expenses
After an injury takes place, there are a variety of expenses that should be covered by the insurance company. Included are any medical expenses, lost income as a result of your injury, and your damaged property that occurred as a result of the accident. The insurer is also required to compensate you for permanent injuries that you may have. They may also be responsible for paying you for your emotional distress due to the injuries and mental anguish you endure due to the accident.
One thing to remember that most all states are fault-based. If an accident occurs in a fault state, the insurance of the driver who is at fault will generally pay for all expenses, medical bills, and additional losses. For those states that have no-fault insurance laws, drivers may have to carry personal injury protection. When an accident occurs, both drivers' insurance companies pay for the medical costs up to a pre-determined threshold. Property damage will remain fault-based and will have to be covered by the insurance of the driver who is at fault.
Getting Legal Help
Attorneys are not always required when dealing with an accident insurance claim, but they can be a great help due to the complex nature of these cases. It is beneficial to have an attorney who can bring his or her expertise to the situation to ensure you get a fair settlement. Insurance companies are often known for making the claims process very long, but a lawyer can help move the process forward so that you do not have to wait an unreasonable amount of time before you see any compensation.
Going through with the claims process for an injury can be nerve wracking, scary, and quite complicated. It can be difficult to determine what your injury is worth monetarily, and it is important to remember that the amounts will vary based on the circumstances of the accident. When you are searching for an attorney, always use someone who is skilled in the personal injury field. They are the most likely to get you a fair settlement as quickly as possible.