insurance agent with personal injury client

The Role of Insurance in Personal Injury Claims

profile photo
By Yosi Yahoudai
Founder and Managing Partner

Most people think of automobile insurance when they consider the role of insurance in personal injury claims. However, many types of insurance policies could apply in a personal injury case. Unfortunately, insurance companies are generally all alike when it comes to personal injury claims. Unless the victim is represented by an experienced Los Angeles personal injury attorney, the company undervalues damages to pay an amount lower than the case is worth. 

Types of Liability Insurance Policies that Cover Personal Injury Claims

Liability insurance compensates individuals when a covered event causes the individual to suffer damages. Damages can include physical injuries, financial losses, pain, and suffering. 

A common type of insurance coverage in personal injury claims is automobile insurance. California requires all drivers to have minimum amounts of liability automobile insurance. However, other types of insurance that could apply in a car accident case include personal injury protection, underinsured motorist coverage, and uninsured motorist coverage.

Other types of insurance that could apply in personal injury cases include:

  • Workers’ compensation insurance for a work-related injury
  • Homeowners’ insurance and business liability insurance policies in case of a slip and fall accident or premises liability claim 
  • Medical malpractice insurance when a doctor or medical provider is negligent or makes a medical mistake
  • Property damage insurance coverage for car accidents
  • Commercial liability insurance to cover injuries and harm caused by employees, such as accidents caused by negligent truck drivers
  • Product liability insurance to cover injuries caused by defective products 

Individuals and companies might purchase other insurance policies to protect themselves against claims and lawsuits, such as umbrella insurance and comprehensive general liability. The types of insurance coverage a party might have depends on the potential risks they face.

What Is the Role of an Insurance Company After an Accident or Personal Injury?

When another party injures you, you can file a claim with that party’s liability insurance carrier. For example, if the other driver caused your car accident, you could file a claim with their insurance provider. 

The insurance company assigns an insurance adjuster to investigate the accident. If the adjuster determines that the driver was at fault for causing the accident, the insurance company might make a settlement offer. Before you accept a settlement offer from an insurance company, remember these things:

  • Insurance companies offer quick, low settlements to entice victims to accept the settlement before they talk with a lawyer.
  • Your personal injury claim could be worth much more than the insurance settlement offer. 
  • The insurance adjuster does not work for you. They do not have your best interest in mind. An insurance adjuster’s job is to pay as little as possible to settle claims.
  • You are not required to accept the insurance company’s settlement offer. You can and should negotiate a settlement that compensates you fully for your injuries and damages.
  • The insurance adjuster might try to trick you into admitting fault so the company can deny or undervalue your claim.

A settlement agreement is a binding contract. The settlement agreement contains language releasing all parties from all claims. Therefore, even if you discover you have additional damages or your claim was worth more money, you released the company and the at-fault from further liability.

Before signing any documents for an insurance company after an accident or injury, speaking with a lawyer is in your best interest. An attorney can tell you if the settlement is fair.

Contact Us for a Free Consultation With a Los Angeles Personal Injury Attorney 

You deserve compensation for your injuries and damages after an accident. The insurance company might not be willing to pay you what your personal injury case is worth. Contact J&Y Law Firm to schedule a free case evaluation with an experienced Los Angeles personal injury attorney to learn how we can help you recover a fair personal injury settlement. 

author photo
About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.