When you are injured in a car accident as a result of someone else’s negligence, there are many factors to consider and you must have a firm understanding of what to expect. Yet, you may not be sure of where to start or what rights you have.
Moving forward, it is very important to recognize your rights in order to seek justice, hold the negligent party responsible for the harm they have caused you, and to receive compensation for your losses.
Here are the rights you have in the instance of an injury-causing car accident and what you can do to protect them.
Your Right to File a Claim with the Insurance Company
When another party is responsible for your injuries, you can file a claim against them with their insurance company in order to pursue compensation. In theory, the other party’s insurance company should assume liability when there is proof that their policy holder is the negligent party in the accident.
However, in practice, this may be difficult to achieve as most insurance companies look to protect their own profits before they compensate the losses of an opposing party. You still have the right to file this claim. If the insurance company tries to wrongfully deny the claim, you have further rights and options.
Your Right to File a Lawsuit Upon Denial of Your Claim
Because insurance companies are not always willing to sacrifice profits to pay out on a claim filed by another insurance company’s policyholder, they may deny someone’s claim following an auto accident. Moreover, they may make it seem as though the injured victim may not recover anything.
It’s important to know that this denial and misrepresentation could constitute the insurance company acting in bad faith. As a result, you may have the right to file a lawsuit against the insurance company itself. While filing a lawsuit may seem daunting, it is sometimes necessary to get the outcome you need.
In response to your lawsuit, the insurance company’s may file a motion to dismiss the case. This motion is the insurance company’s attempt to deny your right to relief or compensation, and to avoid going to trial.
Their hope is that you, as someone who has suffered significant injuries and may be experiencing mounting medical bills, would be willing to accept whatever is offered to you to end the potential claim or lawsuit quickly.
Your Right to Deny a Settlement
A settlement offer can be a good deal for some people. In many situations, insurance companies are willing to settle your needs simply because they want to avoid the additional costs of litigation, including expenses for court filings, expert resources, and more.
There are other situations, though, in which the settlement offer is much lower than the amount necessary to cover your expenses. This is because the insurance company is looking to pay their own valuation rate on your claim which is heavily angled toward protecting their profits. As someone who has suffered harm due to negligence, you have the right to deny the settlement if you feel the amount is insufficient to cover the costs associated with your injuries. Alternatively, you may counter the settlement offer to try to bring it closer to the amount you need.
If you deny the settlement, you may have to go to trial to prove and receive the amount of compensation you require. Pursuing litigation may prolong the process of your recovery and you will want to speak with your attorney to determine if this is the right option for you.
Your Right to Legal Representation
Far too many people suffer injuries at the hands of a negligent party and, unfortunately, are taken advantage of when seeking to resolve the issue on their own. There are times when complex matters are involved and you need someone to help explain what choices would be in your best interests.
With legal counsel on your side, you can protect yourself from making jeopardizing statements or doing things that could disqualify you from filing a claim. You and your legal counsel can also gather the right information to pursue compensation in the most effective manner—without compromising your well-being.
At Kershaw Talley Barlow, our top priority is protecting your rights at a time when you need it most. We are ready to stand in your corner, put a strong case strategy together, and work on your behalf to better position your pursuit of justice.
With our attorneys, you receive decades of combined experience and unique knowledge of how these car accident cases are handled. We go the extra mile, never backing down from large corporations because we know you depend on us and your rights deserve the best protection.
To speak with a lawyer about your potential case, we encourage you to call our firm at (916) 520-6639 and discover more about how we can help you.