Assuming an accident resulting in whiplash injuries to one party involves another party covered by the legally required types and levels of insurance coverage, a whiplash injury claim may be possible. The most common causes of whiplash injuries involving claims are car accidents, with a large portion of these injuries resulting from a rear-end collision. Negotiating the whiplash injury claims requires some forethought and assistance in many cases. The following should help victims ascertain the feasibility of making successful claims and point toward several important considerations to make during the process.
Understanding the Claims Process for the Claims Adjuster and Insurance Company
Negotiations, at least ones with any chance of success, require a victim to understand their adversary, which in this case, will be not the other driver, but rather, the claims representative of the other driver’s insurance company. The following steps generally outline the claims process from the perspective of the claims adjuster representing another driver’s insurance company.
- Claims adjuster ascertains level of liability involved and determines whether responsibility for damages is warranted. Determining the level of liability, which will require determining causation and fault, involves hearing statements from both drivers, eyewitnesses, and law enforcement reports and statements.
- Claims adjuster estimates the potential liability created by their insurance client’s actions, which in turn, is tantamount to the estimated reserve, or estimated dollar amount required to cover future claims stemming from an accident from other parties and drivers.
- This estimated reserve figure is then relayed, in part, as an initial settlement offer for bodily injury claims, such as whiplash, stemming from an accident.
In essence, a claims adjuster simply is seeking to meet their responsibilities as a representative of their insurance coverage client, while attempting to mitigate the expenses incurred by their employer, the insurance company, in claims payouts. In theory, this process should be done efficiently and swiftly. However, this may not always be the case, especially in complex cases involving prolonged or complicated injuries, which may include whiplash injuries.
Common Complication in Whiplash Injury Claims Negotiations
By remaining objective and realistic in compensation claims, as well as providing sufficient documentation to support these claims, injured drivers can often expedite the claims process for themselves and other victims, as well as in the end, incur larger claims payouts. Common hindrances to successfully negotiating a claims settlement for whiplash injuries sustained in car accidents include:
- Proportional level of fault in causing accident, or larger level of fault, than other drivers, which would deflate or inflate eventual compensation claims payouts based on the injuries sustained by other parties, state liability laws, and other factors.
- Understanding and being able to adequately document all potential losses and other damages stemming from injuries, such as whiplash, including both immediate expenses, as well as future monetary losses, in addition to other non-economic damages, if applicable. This will include medical bills, medical history documentation, doctor’s statements, and other expenses related to seeking medical care.
- Accurately estimating damages related to prolonged, otherwise known as temporary or permanent, disability or discomfort stemming from a whiplash injury. This may include costly interferences with wage earning capabilities, or incur other expenses to maintain one’s previous standard of living.
- Understanding that claims representatives represent an insurance company, which without question, will have numerous and in depth policies that a claims representative must adhere by when making claims settlement offers. Claims agents, in most cases, do not necessarily have the requisite decision making power that some persons may expect initially.
- Remaining realistic in the length of time required to negotiate a favorable settlement, as well as remaining realistic on the reasonable dollar amount attached to this settlement amount.
Getting Legal Help
Having legal counsel represent your interests, post-accident may prove beneficial. Not only can an attorney most likely ascertain a far more favorable claims case outcome than an individual without working legal knowledge, but also, an attorney will be tasked with handling all claims actions and negotiations, while as a victim, you can continue with your recovery and life. Keep in mind, that any acceptance of a settlement offer or other concessions will require your explicit consent, and in turn, allows victims the necessary level of control to ensure the claims case proceeds in line with their desires.
