Who Pays Personal Injury Claims?

Personal injury lawsuits seek compensation for medical bills, lost income and physical pain and suffering suffered by victims. The severity and duration of injuries often determines the size of any settlement awarded to them.

Insurance companies try to settle claims as cheaply as possible, so victims need experienced attorneys in their corner when filing personal injury suits. This article discusses who pays when the suit is won.

The Other Driver’s Insurance Company

If the other driver accepts responsibility and you have sufficient coverage, their car insurance company should pay your personal injury claim. Otherwise, if they do not, or if it doesn’t cover enough damages, your own car insurance will step in and cover it instead.

Insurance companies operate to make a profit, by collecting premiums and paying out as little on claims as possible. Although representatives from an insurance company may seem friendly and caring, their primary goal is finding evidence to show who was at fault or to minimize injuries and damages sustained during any claim process.

Your obligations under law do not require you to give statements to insurance company representatives, so politely decline their requests for a recorded statement. If they persist with pressuring you into doing so, consult an attorney as soon as possible; our attorneys can take over communication between themselves and other insurers on your behalf.

Your Own Insurance Company

Some individuals possess private or government health insurance that covers the costs associated with medical care after an accident, and if someone else may be at fault, this insurance provider typically seeks reimbursement of expenses paid out-of-pocket by them.

Personal injury cases often require compensation for pain and suffering damages. While insurance companies may attempt to deny or undervalue such losses, an experienced attorney can help document and support your requests for maximum compensation.

For purposes of estimating the value of your claim, a New York personal injury lawyer can review all details surrounding your accident and injuries before using a variety of methods to estimate full extent of losses and damages suffered from these accidents; calculations typically take into account severity, permanent impairments and other factors. Oftentimes cases involving severe traumatic brain injuries or spinal cord injuries tend to command greater compensation than cases involving more minor fractures and strains.

The At-Fault Party’s Insurance Company

When someone is found responsible for causing a car accident, their auto insurance provider pays the claimant for property damage and medical bills. Unfortunately, insurers often have financial incentives that provide lower settlement offers, so when their initial settlement offers do not cover all your accident-related expenses fully it may be wise to hire an experienced personal injury lawyer to negotiate on your behalf.

States like Florida that utilize no-fault insurance systems require drivers to carry Personal Injury Protection (PIP), which covers immediate medical costs regardless of who caused a crash. When injuries exceed what PIP can cover, victims can file suit against those responsible and seek additional compensation through litigation.

Note that it may also be possible for you to file for uninsured/underinsured motorist (UM/UIM) benefits if the at-fault driver lacks sufficient liability insurance to cover damages caused. An experienced attorney can help determine if filing suit against those at fault is justified.

The At-Fault Party’s Liability Insurance Company

Most defendants involved in personal injury claims carry insurance policies to cover damages suffered by victims. Depending on the type of accident and policy limitations, third-party claims may cover medical bills, property damage claims, lost income due to missed work and even losses such as loss of consortium in relationships.

Car accident claims involve liability coverage provided by the at-fault driver; as long as negligence caused your injuries, liability insurers should cover them. They often attempt to reduce payouts as much as possible; hiring an experienced injury lawyer will give them an equal playing field during negotiations.

Your attorney will also request access to your medical records in order to build a convincing case linking your injuries with the accident. These records demonstrate the extent and impact of your injuries, helping you recover maximum compensation. In cases involving multiple parties at fault, state laws often dictate how insurance companies share liability.