Davis Law Group, P.S.

The Insurance Claims Process for Pedestrian Accident Claims

The insurance claims process is intimidating and stressful. The negotiation and settlement of a serious pedestrian injury case may be more difficult than ever. Due to the current economic environment, the insurance industry may aggressively resist or defend an injury case to avoid paying out a reasonable settlement or verdict. Like most businesses, insurance companies are tightening their belts and cutting back on costs wherever they can.

Unfortunately, one of the primary targets of these cost-cutting measures is you, the person who brings a claim. In the case of a pedestrian injury case, the insurance adjustor assigned to your case may try to settle the claim fast and at a relatively low dollar figure before you have a true understanding of your injuries, damages and what the claim may be worth. What may seem like a large sum of money at first can later be judged as deceptively low; especially if you are facing expenses for hospitalization, surgery, and prolonged treatment and rehabilitation. Sometimes, the adjustor will try to settle quickly in order to dissuade you from hiring an attorney. This occurs because the insurance company knows that an experienced personal injury attorney will likely have better leverage when negotiating a case and can recover much more money than you can ever recover on your own.

Unfortunately, I see the flat-out denial of legitimate claims in my practice as more insurance companies are looking for any reason they can to deny a claim. Sometimes, the insurance adjustor may misrepresent the amount of insurance coverage. Other times, the insurance company may falsely represent which parties may be legally at fault and therefore liable for paying monetary damages. Sometimes, the carrier may give false legal advice about the status of the personal injury laws or misrepresent the type and/or quantity of damages that may be recoverable. Whatever the reason or method used to defeat a claim, you may be the victim of an overzealous insurance company that is focused on increasing its profits.

The insurance company cannot be trusted to protect your interests. No matter how compassionate and caring the claims representative may seem, keep in mind that the insurance company's interest and your interest are always adverse. That typically means that the carrier loses when you recover a fair and reasonable settlement for your claim.