The Role That Insurance Plays In A Personal Injury Claim Settlement

Whenever someone files a personal injury claim, it’s a safe bet that insurance coverage will play a significant role in the outcome or settlement of the case. For instance, when two or more drivers are involved in a motor vehicle accident, they usually exchange their insurer’s names with one another at the scene. Indeed, the outcome of other types of personal injury claims and lawsuits typically depend on the absence or presence of insurance coverage as well.

Is there Coverage for Personal Injuries?

One of the first things a personal injury lawyer will ask when handling your case, is if the at-fault party (defendant) liability coverage for your injuries. For instance, in a:

• Dog bite injury claim – does the pet owner’s homeowner’s insurance cover the incident?
• Motor vehicle accident claim – does the at-fault driver have auto insurance?
• Slip or trip and fall accident claim – does the commercial or private property owner have coverage if someone suffers an injury on that property?

In some cases, the at-fault party (defendant) is uninsured or is an unknown factor such as a hit-and-run driver. So, there is no one to compensate you for your injuries and any other financial losses you may have suffered. Granted, insurance coverage will still play a part in the outcome of the case. However, it may have to be covered by the injury victim’s (plaintiff’s) insurance.

How does the Coverage Amount affect a Personal Injury Claim?

In certain cases, such as minor collisions that result in a whiplash or other soft tissue injury, the liability insurer will most likely make a settlement offer that is unacceptable. However, if the at-fault driver only carries the state required minimum liability coverage and the plaintiff has sustained severe injuries, then the insurer will usually settle quickly before the case goes to trial. Conversely, when the at-fault party has a significant amount of liability coverage, the case may be difficult to settle.

In cases where the at-fault party’s liability coverage is insufficient, you’ll have to rely on your own insurance coverage to pay the balance of what is owed. This would fall under the under insured or uninsured motorist coverage part of your policy. If you have a significant financial loss stemming from related lost income, medical expenses, property damage, and so on, these coverages could make up all or a portion of the balance – provided you have adequate coverage.

For more information regarding the above, it is best to talk with a Personal Injury Lawyer in Brampton. They have handled multiple claims like this before and would help you evaluate your case. Most injury lawyers charge on contingency basis, which ensures that the client does not have any hassles.

Leave a Reply

Your email address will not be published. Required fields are marked *