When a person is injured in Tennessee due to someone else’s actions, whether from a car accident, slip and fall, or any other type of accident, they may need to file a personal injury claim. This process usually involves not only the injured person and the person responsible for the accident but also the insurance companies. Tennessee insurance companies play a major role in personal injury claims because they are often the ones responsible for paying the injured person if their policyholder is found to be at fault. Understanding how insurance companies work in these claims and what to expect when dealing with them can make a big difference in getting a fair settlement. At, Best & Brock, we are here to guide you through the legal process and help you navigate the complexities of your case.
How Insurance Companies Get Involved in Personal Injury Claims
When an accident happens, the person who caused the injury often has insurance that could cover the injured person’s medical bills, lost wages, and other expenses. For example, if someone is hurt in a car accident, the driver who caused the accident may have car insurance that includes liability coverage. This type of coverage is meant to pay for injuries and damages that the driver may cause in an accident. As a result, insurance companies step in to assess the claim and decide how much they believe the injured person should be compensated.
Insurance companies in Tennessee are businesses that aim to make money, and they have strict rules and processes for handling personal injury claims. This means that they are not simply there to pay whatever amount the injured person asks for but will carefully review the claim. They will often try to negotiate a settlement, which is a payment to the injured person to cover their expenses. Sometimes, however, the insurance company may try to pay less than what the person actually needs. Understanding how to navigate these interactions can be challenging, especially for someone who is already dealing with an injury.
The Claims Process with Tennessee Insurance Companies
The process of handling a personal injury claim with an insurance company in Tennessee typically starts with filing the claim. After the accident, the injured person or their lawyer will usually contact the insurance company of the person who was at fault. They will file a claim, providing details about the accident, the injuries, and the expenses that have come up because of the injury.
Once the claim is filed, the insurance company assigns an adjuster to investigate it. An adjuster is an employee of the insurance company whose job is to evaluate claims and determine how much the company should pay, if at all. The adjuster may request medical records, accident reports, and even speak with witnesses. Sometimes, they may even try to speak with the injured person directly to get their account of what happened. It is important to remember that the adjuster’s job is to protect the insurance company’s interests, so they may look for reasons to minimize the payment.
The insurance adjuster will review the claim and come up with a settlement offer. This is the amount of money they are willing to pay to settle the claim. Sometimes the initial offer is fair, but often, it is lower than what the injured person might need to cover all their expenses. At this point, the injured person or their lawyer may decide to negotiate with the insurance company to try to get a higher amount. Negotiation with an insurance company can take time and may require a lot of back and forth before an agreement is reached.
Factors Insurance Companies Consider in Tennessee Personal Injury Claims
When deciding how much to pay on a personal injury claim, Tennessee insurance companies look at several key factors. First, they consider the severity of the injury. Injuries that require extensive medical treatment, cause significant pain, or lead to a long recovery period may lead to a higher settlement offer. Second, they look at the cost of medical bills, lost income if the injured person was unable to work, and any other expenses that came up because of the accident.
Insurance companies also take into account whether the injured person had any role in causing the accident. Tennessee follows a rule called “modified comparative negligence,” which means that if the injured person is found to be partly responsible for the accident, their compensation may be reduced by their percentage of fault. For example, if the injured person is found to be 20% at fault for the accident, their settlement may be reduced by 20%. If they are more than 50% at fault, they may not be able to recover any compensation at all.
Another factor insurance companies consider is the policy limits of the insurance coverage. An insurance policy has a maximum amount that it will pay out on a claim. If the costs of the injury go beyond this limit, the injured person may not be able to receive full compensation from the insurance company. In such cases, they might need to look at other options for recovering additional funds.
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Challenges When Dealing with Insurance Companies
Dealing with insurance companies in Tennessee personal injury claims can be challenging for many reasons. One of the biggest challenges is that insurance companies are focused on protecting their profits, so they may try to pay as little as possible. They might question the extent of the injuries, request additional proof of expenses, or argue that the injured person was partly at fault for the accident. These tactics can make it harder for an injured person to receive fair compensation.
Another challenge is that insurance companies have legal teams and adjusters who are trained to handle claims. This can make it tough for an injured person, especially if they are not familiar with Tennessee’s legal system, to argue for a higher settlement. An injured person might feel pressured to accept the first settlement offer, even if it does not cover all of their expenses, because they do not know how to negotiate or what their claim is truly worth.
Sometimes, insurance companies may also delay paying a claim, hoping that the injured person will become frustrated and settle for a lower amount. This can be especially hard for someone who is struggling to pay medical bills or make up for lost income while they are unable to work. In these situations, knowing the steps to take and having patience can be crucial to getting a fair outcome.
Why Legal Help is Important in Tennessee Personal Injury Claims
Working with an experienced personal injury lawyer can be helpful when dealing with Tennessee insurance companies in a personal injury claim. A lawyer understands the tactics that insurance companies may use to lower settlement amounts and can help an injured person navigate the complex claims process. A lawyer can handle communications with the insurance adjuster, gather the necessary documents and evidence, and negotiate for a settlement that better reflects the injured person’s needs.
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A lawyer can also explain Tennessee’s legal rules and how they apply to the claim. For example, they can explain how the modified comparative negligence rule might affect the settlement offer or how to handle a situation where the insurance company is delaying payment. Having someone with legal knowledge on your side can take some of the stress off the injured person and give them a better chance of receiving a fair amount for their injuries.
If an insurance company refuses to offer a fair settlement, a lawyer can take the case to court and argue on the injured person’s behalf. Although most personal injury claims are settled without going to trial, knowing that they have the option to go to court can sometimes encourage insurance companies to offer a fairer settlement.
Steps You Can Take to Help Your Claim with an Insurance Company
There are steps an injured person can take to help their case when dealing with a Tennessee insurance company. It is essential to gather evidence as soon as possible after the accident. This might include taking photos of the accident scene, collecting contact information from witnesses, and keeping all medical records and bills. Keeping records of missed workdays and other expenses can also help show the full impact of the injury.
Additionally, it is essential to be cautious when speaking with the insurance adjuster. Anything that the injured person says can be used in determining their compensation, so it is often best to consult with a lawyer before giving a statement. This helps ensure that the injured person does not accidentally say something that could hurt their claim. It is also helpful to be patient and not rush to accept the first settlement offer. Taking time to review the offer and understand all the expenses involved in recovery can lead to a better outcome.
If you or someone you know has been injured and is facing challenges with an insurance company in Tennessee, it can make a difference to have an experienced legal team on your side. The attorneys at Best & Brock are dedicated to helping clients in Tennessee get the compensation they deserve after an accident. With their guidance and support, you can navigate the complex insurance claims process and work toward a fair settlement. Reach out to Best & Brock today to learn more about how they can assist you in your personal injury case.