An insurance company is run just like any other business, with a sole aim of making profits. Therefore, even if they are obligated to pay for the claim, they evaluate the claim to determine whether they are liable for the damages or injuries. They are obligated by law not only to pay out claims for damages incurred but also they can investigate a claim so that they dispute it if they have valid reasons to do so. Depending on the circumstances of the case, an insurance company may deny all liability, concede some liabilities, and dispute some or agree that their insurer was negligent but still compensate the insurer. These are all possible outcomes when you are involved in an accident where you’ve sustained injuries. As an insurer, you should hire a personal injury lawyer to help you with the claim process if you are not familiar with the law. Alternatively, you can do it yourself if you understand legal processes and procedures to be followed.
In some states, the insurance company only needs to prove contributory negligence to avoid liability. In contributory negligence, the insurance company needs to show that the other driver contributed to the accident in any way and hence they avoid liability. Contributory negligence is only allowed in some states with most states using comparative negligence theory, e.g., in Nevada. In comparative negligence, more than one actor can be at fault or negligent in an accident. For the insurance company to compensate the victim in comparative negligence, the victim’s contribution to the accident should be less than the other actors who contributed.
Therefore, the actors’ contributions are compared by experts and an agreement is reached where one of the actors will have more responsibility for the accident than the other. You should understand that the insurance company will always attempt to attribute most of the negligence to the victim so that they do not compensate him or her. If the insurance attorney can determine that the victim contributed much to the accident that all the actors involved, the insurance company cannot pay any claim.
However, if the insurance company cannot claim that the victim was responsible for the accident, the next attempt is to minimize the car accident claim. As discussed above, even though the insurance company is required to pay for damages, it has a legal right to investigate and determine whether to compensate or not. This is how they make profits. If they cannot reasonably claim the victim was responsible for the accident, they will try to prove that the victim was partly responsible for reducing their compensation. You need to have a personal injury lawyer to help you argue and present facts during this stage. Most people end up losing money or getting underpaid for their injuries due to limited knowledge and experience about personal injury lawsuits.
A number of damages suffered by the victim are the last area of defense for an insurance company. In damages, there are both economic and non-economic damages. Economic damages, for instance, medical bills, lost income, etc. are not easy to dispute, but non-economic damages, e.g., emotional distress, pain, and suffering during or after the accident can be challenged. You need to be able to prove that you suffered these damages for you to be compensated. Your insurance company will always try to fight the damages you incurred to pay you less. So what you’ve to do is keep an up to date record of all the damages and bills incurred for future reference.
If you need help in your car accident injury case, call an experienced auto accident attorney in Las Vegas at the Law Offices of Rodney K. Okano.
Okano Injury Law
6069 S Fort Apache Rd #100,
Las Vegas, NV 89148, USA