Many California residents do not fully understand the role of insurance companies in injury claims. Numerous victims envision scenes from courtroom dramas, complete with judges, juries, and attorneys. The reality, however, is that most injury claims are resolved behind closed doors in a process dictated by insurance companies. If you file an injury claim in California after a car accident or slip-and-fall, there is a high chance it will be resolved outside of court with assistance from insurance professionals. How exactly do insurance companies determine liability after a California injury claim – and how does this affect you?
Why Do Insurance Companies Play a Role in Determining Liability?
If you’re new to the world of injury claims, you might be wondering why insurance companies get to determine who might be to blame for accidents. After all, shouldn’t this be determined by public courts and not private companies? Ultimately, it is necessary for insurance companies to play a central role in this process due to the fact that almost everyone depends on them for coverage. Whether you are an average driver or you are running a multi-million-dollar trucking company, you need insurance coverage to operate legally on California roads.
The insurance system ensures that injured victims generally have a path toward compensation. Without insurance, an at-fault driver may not have the ability to pay for the damages they cause. Many injuries can lead to millions of dollars in losses, and this is far beyond the net worth of most individuals. With insurance, however, these financial payouts become easier to handle. Due to the fact that insurance companies are essentially accepting losses on behalf of policyholders, they have a financial interest in determining liability.
How Do Insurance Companies Determine Liability?
The person who determines who might be liable for certain accidents is called an “adjuster.” This individual is responsible for investigating insurance claims, determining liability, and calculating the amount of losses caused by accidents. It is a difficult job, and adjusters must make challenging decisions that affect the lives of victims. Adjusters often interact directly with victims, defendants, and their respective attorneys. Not only are adjusters skilled investigators, but they are also talented negotiators.
How exactly do these adjusters investigate car accidents? They might start by looking at supporting evidence – including police reports, witness statements, physical evidence, dashcam footage, surveillance footage, photos from the crash scene, and so on.
After reviewing this evidence, they might also review various traffic laws that apply to the specific situation. For example, they might review the four-way stop procedure in California – or the right of way for vehicles making left-hand turns. Normally, adjusters are extremely knowledgeable about such laws.
In many cases, different insurance companies represent different drivers. Each insurance company (and their respective lawyers) may believe that the other driver is to blame. A negotiation may then develop over the next few days, weeks, and months. During this negotiation process, there may be an informal discovery phase in which both parties voluntarily exchange information. This might include physical evidence, testimony, medical records, and so on.
Both drivers may be interviewed as part of this process. The general goal is to avoid litigation and resolve the dispute with an out-of-court settlement. These negotiations are, in many ways, like informal trials. It is only when negotiations fail that they become real trials.
What Role Does an Injury Lawyer Play?
An injury lawyer deals directly with the adjuster, who in turn acts as an intermediary between the defendant and the claimant. Essentially, an injury lawyer helps keep the adjuster accountable. They might point out certain errors in their fault-determination methods. They might also present new evidence that suggests that their client is not to blame for the accident. In addition, the injury lawyer can negotiate with the adjuster, representing their client during negotiations. Finally, they can collect evidence that they think might be useful to their client as they pursue compensation on their behalf.
Find an Experienced Injury Attorney in California
If you have been searching for an experienced injury attorney in California, look no further than the Miracle Law, APC. Over the years, we have helped numerous injured plaintiffs throughout California. We recognize that navigating insurance-related issues after car accidents can be challenging and daunting – but you are not alone in this process. With assistance from our qualified injury attorneys, you can deal with insurance adjusters confidently and efficiently. To learn more about how insurance companies determine liability, be sure to book a consultation at your earliest convenience.