Complex Insurance Claims After Traffic Accidents

The National Highway Traffic Safety Administration (NHTSA) reports that 36,560 Americans died in road accidents in 2018, and out of these, 1,038 victims were children aged 14 and below. Further, the Center for Disease Control (CDC) reports that road carnage is the leading cause of non-natural deaths in the US for people aged between one and 54.

Many traffic accidents result in court cases requiring compensation for victims and or their families. Although California insurers should provide adequate settlement offers to injured accident victims who have valid claims, many complexities can arise, and some companies deny compensation for a variety of reasons.

This post examines the leading complexities in traffic accident claims, their reasons, what the law says about them, and how a Tustin car accident attorney could assist you.

What California Law Says

Despite the common complexities surrounding road accident insurance claims, the law is on the side of injury victims. California law says the following about liability for car accidents and injuries:

  • All automobile owners must take financial responsibility for all accidents involving their vehicles.
  • Every vehicle owner must have a “15/30/5 insurance” cover. This means they must pay a maximum of $15,000 for every injury or death their vehicle causes, $30,000 for injuring or killing several persons, and $5,000 for damaging property.
  • All motorists must produce proof of insurance after a car accident, when the police request for it, or when they want to renew or obtain their vehicle registration. Otherwise, they can incur heavy fines or even lose their driving privileges.
  • All plaintiffs have a right to compensation if the courts rule that the defendant owed them a duty of care, neglected that duty, or their negligence directly caused their injuries.

Common Factors Complicating Traffic Insurance Claims

Some California insurers complicate your claims process for many and any reasons that benefit them. Some factors that might cause more complex issues in your claims process include:

  • If your claim exceeds your policy’s coverage limit.
  • Failing to report an accident immediately to the police or the insurer.
  • Not seeking immediate medical attention for your accident injuries, raising suspicion that the accident didn’t cause them.
  • If the policyholder provided false details when buying their insurance, and then the insurer discovered them when investigating your claim.
  • If the accident involved two vehicles, complications could arise if you don’t provide enough proof that the other driver was at fault or negligent, and the insurer challenges liability.
  • The insurer challenges the severity of your injuries and the treatment needed.

When to Contact an Injury Claims Attorney in California

So, when do you need a personal injury lawyer’s help and why? An attorney can help you in the following ways:

  • Give you a clear picture of your case’s strength and your potential compensation.
  • Help with your case’s investigation and ensure nobody tampers with the evidence.
  • Issue a demand letter.
  • Negotiate with the insurer to secure an out-of-court settlement.
  • Legal representation when negotiations with the insurer fail or aren’t the best solution.
  • Update you on your case’s progress.

As you can see, insurance claims after traffic accidents can be complex and daunting. Fortunately, the law is on your side, and you can engage a car accident and injury lawyer in California to help you.