In some personal injury lawsuits, the defendant is required to compensate the victim out of his or her pocket. In most cases, however, insurance providers are responsible for paying the majority of the personal injury verdicts and settlements as well as the attorneys’ fees of the defendant. If you are working with a personal injury attorney, an important part of pursuing a successful claim is ensuring that he or she investigates any potential sources of insurance coverage.
Your personal injury attorney may first turn to the defendant who is allegedly responsible for the incident. He or she will likely send an official request to the party’s insurance provider, and that company has the obligation to inform you of the policyholder’s coverage and benefits. After your attorney receives this information, he or she can compare this coverage amount against your damages and injuries.
If you suffered damages or losses greater than the other party’s coverage amount, there may be additional coverage sources that you can claim, such as other defendants who may have their own policies. You may also have coverage with an umbrella or automobile policy. However, if these are not available, it may be possible to stack more than one insurance policy on top of one another to obtain additional coverage in order to provide you with the full amount of compensation to which you may be entitled.
Additionally, it is important to note that in some cases, an insurance provider may deny a valid claim or attempt to offer you a settlement amount lower than what is stated on your policy. In these cases, the provider may purposefully misinterpret or manipulate the words in the policy to support its argument and denial of your claim. For instance, a provider may assert that:
- A policy was no longer in effect because the policyholder missed payments
- The injury was not covered by the terms of the policy
- The injured individual’s policy was not accurate, so he or she is not eligible to recover damages for his or her injuries
These claims are what is known as “bad faith” claims, or the result of an insurance company failing to meet its moral and legal obligation to pay its policyholders the full amount of benefits to which they may be entitled under the terms of the policy. Individuals who may be attempting to recover damages for their injuries and who are struggling with insurance companies may consider working with an experienced attorney who understands the strategies and tricks that many providers use to avoid paying valid claims.
If you believe that your insurance company denied a legitimate claim in order to protect its cash reserves and you need to learn more about your options, please contact Van Sant Law, today. One of our insurance claim attorneys can assist you in determining if your insurance provider failed to meet its obligation or terms of your contract, purposefully misled or deceived you, or knowingly acted in poor faith.
Have Questions about Insurance Claims and Your Personal Injury Lawsuit?
The nationally recognized personal injury attorneys at Van Sant Law, understand the litigation process and the importance of working with insurance providers to recover the compensation that our clients deserve. If you believe that you currently have a legitimate case and you would like more information about how we can help you to handle an insurance provider that may be involved, contact us today at (404) 991-5950.