After being injured in an accident in California, it may seem simple enough to recover the compensation you are entitled to. Many incorrectly assume that you simply need to file a claim with the other party’s insurance and wait for a check to come in the mail. In reality, however, you will soon discover that working with insurance companies can be incredibly difficult and overwhelming. In many instances, these corporations will take advantage of the fact that you do not have legal representation to reduce the value of your claim. As such, it is in your best interest to connect with our Irvine personal injury lawyers to assist you if you have been injured due to the negligence of another person. The following blog explores how we can assist you in the fight for the funds you deserve.
When you are involved in an accident in California, whether you are struck by a negligent driver or slip and fall in your neighborhood supermarket, taking the necessary steps to protect yourself in these matters is critical.
Generally, the first thing you should do following an accident is assess yourself for injuries. Even if you feel okay, seeking medical treatment is critical in these matters, as it shows that you established medical care immediately following the accident. There were over 5.1 million reported injuries stemming from auto accidents alone in 2023, with thousands more unreported. As such, ensuring you seek care is critical.
Obtaining care is not only beneficial to your health, but it can also protect the integrity of your claim. Waiting to see a doctor may result in the insurance company claiming your injuries are not as bad as you claim, or that they were made worse by your delayed care.
Next, you should report the accident to the appropriate authorities. If you are injured in an auto accident, you should call the emergency services to request a police presence to complete a report at the scene. However, a trip and fall at a mall should be reported to the store manager and/or property management company, as these entities can complete a report documenting the damages sustained.
After a report has been filed and you have obtained a copy, you should take photos and videos of the scene, including any property damage endured, any visible injuries you have sustained, and the hazard that resulted in the injury, if applicable. Taking pictures can help capture important evidence that can aid in your case.
After you have completed the necessary steps at the scene of the accident and obtained medical care, you can submit a claim to the negligent party’s insurer.
Although you may think the insurance companies are on your side, it is imperative to understand that their main goal is to save as much money as possible. While the California Department of Insurance has regulations that companies may follow, they still operate with a financial incentive to reduce payouts. As such, you should know that they will do everything in their power to reduce your compensation.
California is an at-fault state. Essentially, this means that the party liable for the collision will be responsible for paying damages, which is why insurers look to shift blame from their policyholder to the victim.
Following an accident, the insurance company for the negligent party will likely contact you very quickly. This is in the hopes that you have not yet obtained legal representation. As such, they are looking to obtain statements that can be used against you in your claim. If you are contacted by the negligent party’s insurance, it is imperative to understand your rights:
If you are contacted by an insurance company following an accident in Orange County, it is critical to understand that they will likely use common tactics to reduce the value of your claim.
Unfortunately, the most common strategy is to provide a lowball offer that is well below the value of your claim. Insurers do this for two reasons: they hope that you have not yet contacted an attorney who has informed you of the true value of your claim, and they know that those who are injured may have accumulating medical bills. As such, they hope that you will accept the first offer to alleviate the financial strain an accident can cause.
Other common tactics you should be aware of include:
Unfortunately, many who try to negotiate with insurance companies will soon discover that they may not receive a favorable outcome in these matters. As such, you should enlist the assistance of an experienced personal injury attorney to fight on your behalf.
Working with an attorney can help you fight for the maximum compensation possible for your claim. They can help you understand the damages you are entitled to and fight for the full value of the losses you have suffered, as these are often intentionally undervalued by insurance companies.
Having an attorney to communicate with an insurance company on your behalf can help you avoid having your statements manipulated. Instead, this helps ensure that all evidence, negotiations, and communications are handled properly.
Working with an attorney can help you calculate the full value of your damages, including:
As mentioned, it is not uncommon for an insurance company in California to offer a settlement amount that is drastically lower than the actual compensation you deserve for the damages you have suffered. In many instances, they may pressure you to accept this offer. A pressure tactic is used because it helps benefit the insurer, as the cost of long-term medical care may not be known. As such, if you accept a settlement quickly, you can lose a considerable amount of the compensation you deserve.
If you have sustained an injury, enlisting the assistance of California Personal Injury Law Firm, APC, to fight for the best possible outcome is imperative. Our team understands how difficult negotiating with insurers can be and how tricky the adjusters are to work with, which is why we are committed to helping you. Contact our Irvine firm today to learn more.
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