Dealing with Insurance Companies After an Auto Accident

Have you or a loved one suffered injuries in a Los Angeles pedestrian accident caused by someone else’s negligence? Contact Countrywide Trial Lawyers today for a free consultation.

Walking down the street should feel safe, but when a pedestrian accident happens, everything changes in an instant. At Countrywide Trial Lawyers, we understand the fear, confusion, and frustration you may be experiencing. Dealing with insurance companies after such a traumatic event can add even more stress to an already difficult situation.

Insurance companies often prioritize their profits over your well-being. They may offer low settlements, delay responses, or even deny your rightful claims, leaving you struggling to cover medical bills, lost wages, and other unexpected expenses. This can make your road to recovery longer and more challenging than it needs to be.

Countrywide Trial Lawyers is here to help. Our compassionate and experienced legal team specializes in pedestrian accident cases and knows how to navigate the complexities of insurance negotiations. We advocate fiercely on your behalf to ensure you receive the compensation you deserve. From handling all communications with insurance adjusters to representing you in court if necessary, we take the burden off your shoulders so you can focus on healing.

Don’t let insurance companies take advantage of you during this critical time. Contact a Los Angeles pedestrian accident lawyer at our law firm today for a free consultation, and let us fight for your rights. We will fight tirelessly for your right to compensation and justice. Together, we will turn your setback into a path forward.

The Role of Insurance in Pedestrian Accident Cases

Insurance plays a critical role in resolving pedestrian accident claims providing compensation for medical expenses, lost wages, and other damages. However, navigating the insurance process can be challenging, particularly for injured pedestrians unfamiliar with complex legal processes or the tactics used by insurance companies to minimize payouts.

Who Is Involved?

In pedestrian accident cases, multiple parties and their insurance providers may be involved, depending on the circumstances:

• Auto Insurance of the At-Fault Driver: The driver's insurance company is typically the primary source of compensation for the injured pedestrian. This includes liability coverage, which pays for damages caused by the driver’s negligence.
• Pedestrian’s Own Insurance: Injured pedestrians may rely on their health insurance or uninsured/underinsured motorist coverage if the at-fault driver lacks sufficient insurance or flees the scene.
• Third Parties: In some cases, a third-party insurance provider may be involved, such as a commercial insurance company, if the at-fault driver was on duty or operating a work vehicle at the time of the accident.

Key Types of Insurance Coverage in These Cases

Understanding the types of insurance coverage applicable in pedestrian accidents is essential for pursuing compensation effectively:

• Liability Insurance: Covers damages caused by the at-fault driver, including medical expenses, lost wages, and pain and suffering.
• Personal Injury Protection (PIP) or Medical Payments (MedPay): Provides coverage for immediate medical bills regardless of fault. MedPay is particularly useful for accident victims who need prompt medical treatment.
• Uninsured/Underinsured Motorist (UM/UIM) Coverage: Protects pedestrians when the at-fault driver has no insurance or insufficient coverage to pay for the damages.

Challenges Pedestrian Accident Victims Face with Insurance Companies

Dealing with insurance companies after a pedestrian accident can be daunting, as insurers often prioritize minimizing payouts over providing fair compensation. Injured pedestrians may face various obstacles during the insurance claim process.

Common Tactics Insurance Companies Use

1. Denying Liability: Insurance adjusters may argue that their client was not at fault or that the pedestrian violated traffic laws, such as jaywalking, to shift blame.
2. Lowball Settlements: Insurance companies frequently offer settlements that fail to cover the full extent of the victim's medical bills, lost wages, and other damages. These offers are designed to resolve claims quickly and save money.
3. Claiming the Pedestrian Was Partially at Fault: Insurers often invoke California’s comparative negligence law to reduce the amount of compensation.
4. Delaying Claims: Insurance adjusters may drag out the claims process, hoping victims will become frustrated and accept lower settlements.
5. Requesting a Recorded Statement: Pedestrians may be asked to provide a recorded statement. Insurers often use these statements to dispute claims or deny liability altogether.

California’s Comparative Negligence Law

Under California law, compensation in a pedestrian accident claim is reduced by the percentage of fault attributed to the victim. This means that even if the pedestrian is partially responsible for the accident, they can still recover damages, but the total amount will be adjusted accordingly.

• Example Scenario: A pedestrian is jaywalking when hit by a car driven by someone who is speeding. The pedestrian might be deemed 20% at fault, while the driver holds 80% of the blame. If the total damages are $100,000, the pedestrian will receive $80,000 after accounting for their share of fault.

How to Communicate With Insurance Companies

After a pedestrian accident, dealing with insurance companies can feel overwhelming, especially when you’re focused on recovering from injuries. Knowing how to communicate effectively with insurance adjusters is crucial for protecting your rights and securing fair compensation.

Do Provide Basic Facts About the Accident

When an adjuster from the insurance company contacts you, stick to the basic facts. Share information such as:

• The date, time, and location of the accident.
• The parties involved.
• A brief summary of the accident scene, such as road conditions or traffic signals.

Don’t Admit Fault or Downplay Injuries

Avoid saying anything that could imply you were responsible for the accident, even partially. California follows a comparative negligence law, which means admitting fault could reduce your compensation. Similarly, don’t downplay injuries, as this could potentially impact the valuation of your claim.

Don’t Agree to Recorded Statements Without Consulting an Attorney

Insurance adjusters often request recorded statements, claiming it’s standard procedure. However, these statements can be used to dispute or devalue your claim. Consult a personal injury attorney before agreeing to any recorded communication.

Key Information to Provide

While communicating with the insurance company, you’ll need to supply accurate and verifiable information. This includes:

• Accident Details: Provide a factual account of the accident, avoiding any speculation.
• Witness Statements: Share contact information and statements from witnesses who can corroborate your version of events.
• Medical Documentation: Submit medical records and bills to validate the severity of your injuries and the treatment received.

Avoiding Common Insurance Pitfalls

Insurance companies often use tactics to reduce payouts. Avoid these mistakes to protect your claim:

Signing Waivers or Premature Settlement Offers

It’s tempting to accept an early settlement offer, especially when facing mounting medical bills. However, initial offers are often far below what you deserve. Avoid signing anything without consulting an attorney, as it may waive your right to pursue further compensation.

Sharing Too Much on Social Media

Posts or photos shared online can be used by insurance adjusters to undermine your claim. For example, a picture of you appearing active after the accident could be misinterpreted as evidence that your injuries are not severe.

Calculating Compensation After a Pedestrian Accident

Compensation in a pedestrian accident claim is designed to cover both economic and non-economic damages.

Types of Compensation Available

• Medical Expenses: Includes past, current, and future medical costs for treatment, rehabilitation, and assistive devices.
• Lost Wages: Covers income lost due to the accident and any diminished earning capacity caused by long-term injuries.
• Pain and Suffering: Addresses physical pain, emotional distress, and loss of enjoyment of life.

How Insurance Companies Value Claims

Insurance adjusters often use algorithms to calculate settlement offers, factoring in medical bills, accident severity, and policy limits. However, these calculations may not account for personal details like ongoing treatment or emotional trauma. Providing thorough documentation—such as medical records, a police report, and expert evaluations—ensures your claim reflects its full value.

When the Insurance Company Disputes or Denies Your Claim

Sometimes, insurance companies deny or underpay claims, leaving victims unsure of their next steps.

Reasons for Claim Denial

• Allegations of Pedestrian Negligence: Adjusters may argue that you were partially or fully at fault for the accident, such as by jaywalking.
• Insufficient Evidence: Lack of documentation or failure to establish fault can lead to denial.
• Policy Limits: If the at-fault driver’s insurance coverage is insufficient, the company may refuse full compensation.

How to Respond to a Denied or Underpaid Claim

• File an Appeal: Submit additional evidence, such as medical records or witness statements, to strengthen your case.
• Negotiate With the Insurer: Work with your attorney to counter the denial and demand a fair settlement.
• Consider Litigation: If negotiations fail, filing a personal injury lawsuit may be necessary to recover compensation.

Why You Need an Attorney When Dealing With Insurance Companies

Dealing with insurance companies after a pedestrian accident can be overwhelming and frustrating. Hiring an experienced pedestrian accident attorney can significantly improve the chances of a favorable outcome in your case. Here’s why having legal representation is crucial:

• Thorough Investigation: Attorneys meticulously investigate your accident, gathering critical evidence such as traffic camera footage, police reports, and witness testimonies. This comprehensive approach strengthens your claim by building a solid foundation of facts.
• Accurate Damage Assessment: Insurance companies often undervalue claims, but skilled attorneys ensure all damages are considered. They calculate not only current medical expenses and property damage but also future costs, lost wages, and emotional suffering.
• Expert Negotiation: Insurance adjusters are trained to minimize payouts, but attorneys are well-versed in negotiation tactics. They advocate on your behalf, pushing for the maximum compensation you deserve.
• Litigation When Needed: If negotiations fail, an attorney can escalate the case to court. Their courtroom experience ensures your rights are effectively represented.
• Avoiding Legal Pitfalls: Legal procedures can be complicated, with strict filing deadlines and technical jargon. Attorneys navigate these complexities, preventing costly mistakes that could jeopardize your claim.

By having an attorney on your side, you level the playing field against powerful insurance companies and increase your chances of receiving fair compensation for your injuries and losses.

Frequently Asked Questions (FAQs)

What if the driver doesn’t have insurance?
If the driver is uninsured, you may still recover compensation through your own uninsured motorist coverage or by pursuing a civil lawsuit against the driver.

How long does it take to settle a pedestrian accident claim?
The timeline varies depending on the complexity of the case. Simple claims may settle within months, while those involving severe injuries or disputes over fault can take a year or more.

What if I was partially at fault? Can I still recover the damages?
Yes. California’s comparative negligence law allows you to recover compensation even if you share some fault. Your compensation will be reduced by the percentage of your fault.

Can I negotiate with the insurance company myself?
While it’s possible, having an experienced attorney improves your chances of receiving a fair settlement. Insurance companies often exploit unrepresented claimants to minimize payouts.

Contact a Los Angeles Pedestrian Accident Lawyer

If you've been involved in a pedestrian accident in Los Angeles, you understand how overwhelming and frightening the aftermath can be. Navigating medical treatments, dealing with insurance companies, and managing daily life disruptions are just the beginning of your challenges. Without proper legal guidance, you might struggle to secure the compensation you deserve for your injuries and losses.

At Countrywide Trial Lawyers, we specialize in representing pedestrians who have been injured in accidents. Our experienced Los Angeles pedestrian accident lawyers are dedicated to protecting your rights and ensuring you receive fair compensation. We know the local laws and have a deep understanding of how to handle insurance companies that may try to minimize your claim or deny it altogether.

Don't let the stress of a pedestrian accident weigh you down. Our compassionate team is here to support you every step of the way.

Take the first step towards securing your future by reaching out to Countrywide Trial Lawyers today. Contact a Los Angeles pedestrian accident lawyer at our law firm by calling 844-844-9119 for a free consultation. Let our dedicated Los Angeles pedestrian accident lawyers fight for the justice and compensation you deserve.