Frequently Asked Questions by Car Accident Victims about Insurance Companies [Part II]


February 03, 2014

This is the second part of our two-part blog post addressing questions we frequently receive about how to deal with an insurance claim after being involved in a car accident. Since most people do not have access to assets that can be reached to satisfy the full value of a personal injury settlement or judgment, the insurance of the other driver, a third party or even one's own insurance will usually provide the source of compensation for injuries suffered in a car accident. We invite you to review the information in this installment and Part 1 of this blog post. Those with other questions are welcome to contact our Atlanta car accident insurance claim lawyers for a no obligation free consultation to obtain more specific information about their situation.

What do I do if the insurance company for the other driver agrees to settle the claim and issues me a check?

Injury victims in this situation should be cautious about an offer that sounds too good to be true. Auto accident claims are analyzed by insurance companies on a cost-benefit basis with a focus on increasing the insurance provider's bottom line. Settlement based on the offer without legal counsel may be ill-advised for a number of reasons:

• Liability might be fairly clear so the insurance company wishes to close the case for a minimal amount.
• The injury victim might be settling the claim without legal advice regarding his or her legal rights and remedies.
• The plaintiff many not have completely recovered from his or her injuries so the full extent of any long-term disability, pain and suffering or diminished quality of life may not be completely known.
• Because the insurance company has the advantage of experience and expertise when the injury victim is unrepresented, any settlement offer generally reflects the fact that the claimant probably is entitled to more.

Am I required to furnish medical records, paystubs or a recorded statement to the insurance company?

While some of this information may eventually need to be furnished to the insurance company, it is not uncommon to receive requests that are overly broad or that request information that is privileged or irrelevant. Generally, a personal injury lawyer should evaluate such requests so that you are protected from unnecessary disclosures of compromising or confidential information. If you have already received requests that you provide information to the other driver's insurance company, the best option is to seek legal advice before responding.

Do I need a UM/UIM claims attorney if I need to seek compensation from my own insurance company?

Many motorists who are injured in collisions with drivers who are uninsured or have inadequate coverage assume that they do not need legal representation when pursuing a UM/UIM claim because they are dealing with their own insurance company. While it is true that an insurance company owes a fiduciary duty to its insured, carriers are routinely uncooperative when their insureds are seeking to have a claim paid. An experienced UM/UIM attorney can advocate for your best interest and protection of your rights to mitigate the possibility that the insurance carrier will unjustifiably delay, deny or underpay your claim.

Put Our Law Firm's Over 30 Years Experience to Work For You!

If you have more specific concerns about a car accident insurance claim, our Georgia auto accident attorneys have been representing injury victims for over thirty years throughout all of Georgia and the Southeast, including but not limited to all smaller cities and rural areas in the state. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.