insurance for accident

Insurance for Accident Claims: What You Need to Know to Get Paid

Tarun Sridharan Legal Editor & Attorney Contributor Read Time: 9 minutes

Insurance for Accident Claims: What You Need to Know to Get Paid

Accidents happen unexpectedly, and when they do, it’s important to know what steps to take to protect yourself and your loved ones, as well as how to seek fair compensation. One key aspect of this is dealing with accident insurance companies. While it may seem simple to file an insurance claim for an accident and expect to be reimbursed for damages and medical costs, the reality is more complicated. In this article, we’ll guide you through the process of dealing with insurers, help you understand their tactics, and explain how working with an attorney can help you navigate these challenges.

Understanding Accident Insurance

Accident insurance is a type of supplemental health insurance designed to provide financial protection specifically in the event of an unexpected accident or injury. Unlike standard health insurance, which covers a broad range of medical expenses related to various health issues, accident insurance focuses solely on accidents, offering targeted benefits that can help mitigate the financial impact of such events.

How Accident Insurance Works

Maximizing your coverage can start with knowing how accident insurance coverage works as a financial safety net that helps manage medical and out-of-pocket expenses arising from accidental injuries:

  • Filing a Claim: When a covered accidental injury occurs, you need to submit a claim to your accident insurance company. This typically involves providing documentation and proof of the accident or injury.
  • Claims Review: A claims professional will review your submission to determine if the event is covered under your accident insurance policy.
  • Payment: If the claim is approved, the insurance company will issue a lump sum payment directly to you. This payment can be used to cover medical expenses, out-of-pocket costs, or any other financial needs resulting from the accident.
  • Flexibility: The payment from accident insurance is flexible, allowing you to use the funds as you see fit, whether it’s for medical bills, household expenses, or other costs related to your recovery.

While accident insurance can provide valuable support in the aftermath of an accident, navigating the insurance for accident claims requires informed decision-making to ensure that you receive the benefits you’re entitled to. Being proactive and cautious can help bridge the gap between the potential benefits of your policy and the practices of some insurance providers.

Insurers May Not Always Have Your Best Interests in Mind

You’ve probably seen the ads on TV and online. Insurance companies portray themselves as your friends, ready to help in times of need. They market themselves as good neighbors or even as your trusted ally when disaster strikes. However, insurance companies are businesses, and like any business, their goal is to make money. And, in some cases, they do this by paying out as little as possible on claims.

When you file a claim after an accident, the insurance company could try to minimize the amount they have to pay you. They have teams of adjusters and lawyers who may work hard to find ways to deny your claim or reduce your payout. It’s important to understand that they are not always on your side. Generally, they may act friendly, but their priority is their bottom line, not your well-being. Accident insurance policies are not a substitute for minimum essential coverage mandated by federal law and will not cover hospital or medical expenses.

Because of this, it might be beneficial to fully inform yourself before immediately calling your insurance company after an accident. Many people rush to call their insurer because they believe that’s what they’re supposed to do, but insurance companies can use what you say against you. Without even realizing it, you could say something that might lead to your claim being denied or significantly reduced. It’s best to take a moment to gather your thoughts and consult an attorney before making that call.

Consider Consulting an Attorney Before Talking to Your Insurer

After an accident, you may feel the urge to contact your insurance company right away. While it’s important to report the accident, you need to be cautious about what you say and when you say it. The insurance adjuster assigned to your case could ask questions that could undermine your claim. Anything you say can be used to reduce the payout you’re entitled to.

For example, if you say, “I feel fine” or “I don’t think I’m hurt,” these statements can later be used against you, even if you develop injuries days or weeks after the accident. Some insurance companies can look for any reason to deny your claim or pay you less than you deserve. This is why it’s essential to speak with an attorney before engaging in any lengthy conversation with the insurance company.

An attorney can help you navigate these discussions and protect your rights. They understand the tricks and tactics that insurance companies use, and they can guide you on what to say and what not to say. By consulting with an attorney first, you can be better prepared to handle these conversations and avoid the pitfalls that could jeopardize your claim.

You Can Be Compensated in a Lawsuit, Even If Your Insurer Has Covered Your Accidental Injury

Many people believe that once their insurance company pays out on a claim, that’s the end of it. But that’s not always the case. Even if your insurer has compensated you for damages or medical bills, you may still be entitled to additional compensation through a lawsuit. Additionally, supplemental accident insurance provides additional financial protection specifically for unexpected medical expenses arising from accidental injuries. This type of insurance complements standard health insurance by covering emergency treatment, hospital stays, and other related expenses, but typically does not cover illnesses or chronic medical conditions. There are several reasons for this.

Reasons You May Need to File a Lawsuit

  • Insurance Policy Limits. Insurance policies often have limits on how much they’ll pay. If your losses exceed these limits, you may need to file a lawsuit to recover the remaining amount from the at-fault party.
  • Full Compensation Rights. You shouldn’t be penalized for having purchased insurance. The law allows accident victims to seek full compensation for their losses, even if they’ve already received some payment from their insurer.

Note: Some insurance settlements may include a release clause, which can prevent you from pursuing further legal action related to the claim. You can review any settlement agreement with an attorney before signing.

Important Considerations:

  • Statute of Limitations vs. Insurance Deadlines. Understand the difference between the legal time limits for filing a lawsuit and the deadlines imposed by your insurance policy to ensure timely action on both fronts.
  • Comparative and Contributory Negligence. The degree of fault assigned to each party can affect your ability to recover damages. An attorney can help navigate these complexities.
  • Multiple Defendants. In some cases, multiple parties may be liable for your damages. Legal representation can help identify all responsible parties to maximize your compensation.

Filing a lawsuit can help ensure that you are compensated for all of your losses, including pain and suffering, lost wages, and other damages that may not be fully covered by your insurance policy. An attorney can help you assess whether pursuing a lawsuit is the right step for your situation and guide you through the legal process.

Your Personal Accident Insurance Policy May Have Unique Details. Avoid Assumptions, Consult an Attorney.

Every insurance for accident policy is different, and each one contains specific terms and conditions that may affect your claim. It’s easy to assume that your policy will cover you in certain situations, but there are often details in the fine print that can impact your ability to receive compensation.

For example, some insurance for accident policies have strict deadlines for filing claims. If you miss these deadlines, your claim could be denied, even if you’re well within the statute of limitations in your state. Other policies may have specific requirements for how you need to document your losses or what types of damages are covered.

This is why it’s so important not to make assumptions about your insurance for accident coverage. An attorney can review your policy, identify any unique provisions, and advise you on how to proceed with your claim. They can help ensure that you meet all the necessary requirements and maximize your chances of receiving full compensation.

How an Attorney Can Help You With Your Accident Insurance Claim Dispute

Navigating an accident claim can be overwhelming, especially when you’re dealing with insurers who are focused on minimizing their payout. Having an attorney on your side can make a big difference.

Here’s how an attorney can help you with your accident claim dispute:

  • Identifying, gathering, and preserving relevant evidence
  • Communicating on your behalf with the defendant and various third parties (i.e., the insurance companies, law enforcement officers, etc.)
  • Working with experts and eyewitnesses to develop supportive testimony
  • Building a strong legal argument
  • Negotiating a potential settlement
  • Navigating various court hearings and processes
  • Pushing forward to trial, if necessary
  • Securing the payout after a trial award
  • And more

Dealing with insurance companies after an accident can be stressful, but understanding the process and knowing your rights can help you avoid common mistakes. Consulting an attorney before speaking with the insurer can protect your claim and ensure you receive the compensation you deserve.

An attorney can guide you through the entire process, from gathering evidence and negotiating with insurers to filing a lawsuit if necessary. With their help, you can focus on recovering from your injuries while they handle the legal complexities. Remember, you don’t have to face the insurance company alone — an attorney is there to fight for your rights and can assist you in obtaining the compensation you deserve.

Contact 1-800-THE-LAW2 for a Free Consultation

If you’ve been injured in an accident, you could be entitled to compensation under the law. Navigating the accident claim process can be confusing, however, especially for people who aren’t sure about whether their claims are actionable, and how best to approach the dispute from a strategic perspective. We can help connect you to an experienced accident attorney who can guide you along the process.

Contact 1-800-THE-LAW2 for a free consultation with a qualified local accident attorney in our network.  During this initial consultation, you’ll be able to discuss your dispute in detail, and receive professional legal advice on your strategic options.  Feel free to call us today to begin your consultation!

We look forward to assisting you.

Our offices are open 24 hours a day, 7 days a week, so we can assist you no matter when your accident occurs.

Call 877-322-1161 Schedule A Consultation
Minimize Chat End Chat
Chat