William Webb Plyler

FAQs – Dealing with Insurance Companies After an Accident

How does the insurance claims process work?

If our law firm is representing you, we will immediately notify all insurance companies which may provide coverage that you have been hurt and that we intend to file a claim for your injuries.  This prevents the insurance companies from later saying that your claim unfairly surprised them.  If you are not represented by an attorney, you yourself should immediately notify the insurance companies.

After we thoroughly investigate your claim by gathering evidence, establishing who is responsible for the accident, estimating what your claim is worth, and planning our arguments, we will write a formal demand letter and submit it to the insurance company of the person who is responsible for your injuries.  (This may include your own insurance company for example, if you are covered by an automobile policy or need to make a claim for uninsured or underinsured motorist coverage.) We will then engage in informal negotiations with the insurance company. 

Sometimes we may not be able to reach a reasonable settlement with the claims adjuster.  Though we will make a recommendation to you whether to accept or reject a settlement offer, the decision whether to settle is always your decision.  If a satisfactory settlement cannot be reached, we will file a lawsuit and take your case to court.

What should I do when another person’s insurance company calls me to talk about my injuries?

If you have already retained our firm or another law firm when you are contacted by an insurance adjuster, politely tell the adjuster that you are represented by counsel and that all contact should be with the attorney.

Sometimes these calls occur before you hire an attorney.  If that is the case, you should abide by the following principles:

• be polite;
• ask the name, job title, address and phone number of the person you’re speaking with, the company he or she represents and the person who is insured;
• give limited personal information (your name, address and phone number is sufficient);
• do not provide details about the accident or your injuries;
• resist pressure to settle your claim immediately; and
• take notes about any information you receive during the phone call, as well as the information you provide and any requests you made of the insurance adjuster (rental car, etc.)
• request the claim number

Will my health insurance or paid sick-leave from work reduce my compensation for an accident?

The fact that your health insurance company, rather than you, paid for your medical expenses is not relevant to your right to recover medical expenses from another party or another party’s insurance company.  The same principle applies where your time lost from work was covered by sick leave or vacation pay.  In fact, an adjuster should not even ask about such payments.  You (or your employer) paid a premium for your health insurance and you earned your sick leave or vacation pay. 

Under certain health insurance plans, however, you may be required to reimburse from the eventual recovery some of all out of you’re the amount paid to treat your injuries.

Q:  What is liability insurance?

If a driver is at fault in a car accident, liability insurance pays the damages that he or she caused to others.  Liability insurance does not pay for the damages of the driver at fault.  The two kinds of liability insurance are bodily injury and property damage.  Bodily injury damages include medical bills, lost wages, permanent injury, and physical pain and emotional suffering.  Property damages are the repair or replacement costs of damaged property belonging to another person.

Q:  Who is normally covered by automobile liability insurance?

Liability insurance usually covers the following:

• Named insured.  This is the person or people named in the insurance policy, no matter what car they are driving.
• Other relative.  This refers to anyone living in the household with the named insured who is related to the insured by blood, marriage or adoption.
• Anyone driving the insured vehicle with permission.

Q:  What is uninsured or underinsured motorist coverage?

Uninsured or underinsured motorist coverage pays for your injuries if you are struck by a hit-and-run driver or by someone who does not have adequate insurance either because they have no coverage or because they do not have enough coverage to pay for your injuries.

Q:  What is collision coverage?

Collision coverage pays for the repairs to your vehicle if you are the one at fault in the accident.  If the other party is at fault, their property damage liability insurance pays for the repairs to your car. 

Q:  What is comprehensive coverage?

Comprehensive coverage pays for damage to your car caused by events other than a car accident.  Covered events can include theft, fire, vandalism, and natural disasters. 

Q:  How do I determine the value of my car?

The actual value of your car is the amount that your car was worth just before it was damaged or destroyed.  Web sites to assist you in valuing your car include www.kbb.com and www.autotrader.com.

Q:  Will my health insurance or paid sick-leave from work reduce my compensation for an accident?

The fact that your health insurance company, rather than you, paid for your medical expenses is not relevant to your right to recover medical expenses from another party or another party’s insurance company.  The same principle applies where your time lost from work was covered by sick leave or vacation pay.  In fact, an adjuster should not even ask about such payments.  You (or your employer) paid a premium for your health insurance and your earned your sick leave or vacation pay.

Under certain health insurance plans, however, you may be required to reimburse from the eventual recovery some of the amount paid to treat your injuries.