In personal injury matters, you can sue the person who caused your injuries to hold them responsible for your damages. A lawsuit is typically filed with the courts and notifies the at-fault party of the allegations and the damages they are responsible for. The liable party will send the lawsuit to their insurance company and an insurance adjuster will be assigned to investigate the claims within the lawsuit. If the adjuster finds the insured person is liable for causing the claimant’s injuries, the company may make a settlement offer to resolve the lawsuit.
The difference between a claim and a lawsuit is that a lawsuit can go to trial and be decided by a judge or jury. Lawsuits can be directly filed against the insurance company of an at-fault party by alleging bad faith insurance practices. This means the company acted in bad faith and refused to resolve the claim.
How Long Does it Take to Receive Compensation After an Insurance Claim?
Insurance companies must conduct an investigation within 15 days of being notified of a claim. Also, insurance companies have 40 days to accept or deny a claim. If your claim is straightforward and liability is not an issue, your claim can be solved in a matter of days. However, if establishing liability is an issue, or if there are significant injuries involved, your claim can take longer. Proving liability takes time, often stretching cases out by many months or years.
To speed up your claim, you can provide the insurance company with irrefutable evidence such as medical records, photos, and witness contact information. Once your claim has been investigated, you’ll most likely receive a settlement offer from the insurance company. This amount typically provides you with the amount necessary to pay for your car repairs and medical treatment after the accident. The majority of these offers, however, are “low-ball” offers. Insurance companies typically offer as little as possible as far as settlements as they’re looking out for their bottom line instead of fully compensating you for your damages.
How are Payments Received for an Insurance Claim?
If you and your insurance adjuster agree on a settlement amount, your insurance company will require you to sign a release form before your payment can be issued. California Code of Regulations Section 2695.7(h) requires all insurers to issue payment within 30 days of accepting the claim. However, some insurance policies include a waiting period that can extend this duration. A payment from your insurance claim can come in the following forms:
- Direct payment via check or electronic deposit
- Payment to your service providers such as your medical providers or vehicle repair shops
- A payment to your lien holders
If your claim is denied, you can still recover compensation by filing a lawsuit against the insurance company through a personal injury attorney. An attorney will advise you on your legal options and inform you about the damages you are entitled to claim.
Importance of Medical Treatment in a California Car Accident Insurance Claim
Medical treatment for your injuries is not only beneficial for your well-being but also serves as a critically important component for maximizing your compensation. For example, in a car accident, the at-fault driver is legally liable for your injuries. A delay in medical treatment provides the liable party’s insurance company the opportunity to argue that you were careless. They may even attempt to say your carelessness is what led to your injuries, not the other driver. For that reason, it is important to get medical treatment as soon as possible. Your medical records can establish the following information:
- Time spent receiving medical treatment
- Nature and extent of your injuries
- The role of the accident in your injuries
- The money spent on your medical treatment
- Your future medical treatment needs due to your injuries
- Doctor’s diagnosis of future treatment and pain management
What Damages Can Be Claimed in a Personal Injury Insurance Claim in California?
California law permits injured parties to recover compensation for damages sustained in a personally injury accident according to California Civil Code 3333. This statute states:
“For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.”
There are three damages you can claim that will have a substantial impact on the amount of compensation you can expect to receive from your insurance claim. These damages include:
- Economic damages: financial damages you incurred due to the accident. These include:
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of repairs
- Non-economic damages: these are subjective, non-compensatory damages. These include:
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
- Punitive damages: these are damages awarded to serve as punishment to the at-fault party. Although rare, they can sometimes be claimed, depending on the details of the accident. These include:
- Reckless behavior
- Actions performed out of spite
Can I Sue My Insurance Company?
Yes, you can sue your own insurance company if your dispute is for $12,500 or less. Examples of small claims lawsuits against insurance companies include:
- Failure to pay on a covered claim: if your insurance company and its adjusters denied a claim that is within the insurance policy you purchased, you can sue them in small claims court
- Failure to reimburse you for all expenses you have incurred: if you spent $3k fixing your vehicle and the insurance will only cover $1,500, then you can sue them to get the full amount
- No response from your insurance company: if your insurance company fails to reimburse you and begins ignoring your calls, you can file a lawsuit against them.
Contact a Personal Injury Lawyer in California
If you or a loved one has been injured in an accident, the attorneys at Maison Law can help you get the compensation you need. Even if you were found partially at fault or the insurance company denied your claim, you are still entitled to fair compensation. Contact Maison Law today for a free consultation and case evaluation. Our firm does not require any upfront payments for our services and we don’t get paid unless we win your case.
