Understanding the Difference Between Insurance and Personal Injury Claims in Car Accidents in California

Most times, the first cause of action following a vehicle accident is filing an insurance claim. This act notifies the insurance company of the responsible party that they must cover all the damages incurred. An insurance claim is often a strict agreement between the insurer and the insured, detailing the situation under which the insurer pays for the third party’s losses.

“Personal injury claims are often a legal process involving a personal injury attorney or jury, which is often initiated by an individual who has suffered some losses because of another party’s intentional wrongdoing or negligence,” says Attorney Rusty Levin of Levin & Nalbandyan LLP. In most cases, if both parties agree on a settlement, it calms the situation. However, if it does not, it will go to trial, where the court will make the ruling concerning the case.

Understanding the Details of Personal Injury: How Do You Know That You Have Suffered a Personal Injury In California?

Personal injuries refer to any hurt or loss another person caused you intentionally or due to negligence. Personal injuries encompass quite a range of suffering, such as emotional, physical, and mental suffering. Some of the most common cases of personal injuries in California include but are not limited to medical malpractices, slips and falls, vehicle accidents, defective products, and workplace accidents.

The Process of Filing Insurance Claim: What Does An Insurance Claim In California Entail?

To aid better understanding, in California, if your car is insured, you might obtain compensation for property damage, medical expenses, and car repairs following an accident. As simple as you have just read that, the process could be daunting. The process involved in an insurance claim is divided into three stages, with each stage as a timeline.

They are as follows:

• You should file your claim at least within 15 working days to acknowledge the damage, investigate the crash, calculate losses, and transfer instructions to the policyholder.
• The second stage is to make decisions based on the evidence gathered from the investigation, which typically takes ten days.
• The last stage involves 15 days for claim approval and payment for damages.

What Factors Can Affect Insurance and Personal Injury Claims In California?

Some factors can either delay, deny, or help fasten the approval of your claim, be it an insurance or a personal injury claim. These factors are highlighted below:

• The accident’s impact on your quality of life

Showing evidence beyond a reasonable doubt that your injury has affected how you carry out your daily activities can significantly influence your compensation.

• The extent of your injury

Note that the more severe your injury, the higher your compensation might be.

• If you have solid evidence of negligence

If you have enough evidence that supports your claim affirming that your injuries were caused by the other party’s negligence, you will have a valid case and maximum compensation.

• Legal support

When you have quality legal support, your claim will be taken seriously, and your attorney will be able to fight for the compensation you deserve.

How to Commence Your Claim: Can You File An Insurance and a Personal Injury Claim Together At Once?

Without beating around the bush, the answer is, no, you cannot. If you want to file for both claims to achieve the desired result, you will linearly pursue them. That is, your personal injury attorney will continue negotiating fair compensation with the insurance adjuster after you have filed a lawsuit; the result will be the case being transferred to a lawyer.

Note that if you think you can go through this process with any legal help, you might jump from the frying pan and into the fire. Also, do not think that insurance companies have your best interest at heart; the reality, most times, can shock you.

Conclusion

Personal injury and insurance claims can sometimes be tricky. This includes conditions such as insurance companies not wanting to pay for the damages incurred or not wanting to pay enough. Other situations can include excessive medical bills and the responsible party not wanting to accept fault. Prevention is way better than cure. Before things get out of hand, notify your lawyer, and if you do not have one, hire one from a reputable law firm in California.