Auto Insurance Injury Claims Process

The Insurance Claims Process starts by gathering the information that you need to prove your personal injury case.  If all of your insurance claims are property damages, you can easily document and calculate what it takes to replace them with like kind and quality replacements.  However, if you have a personal injury, it may be difficult to value and document the amount that you should recover.  You will need an attorney.  Calculating  injury claims expenses may include the future medical costs, your lost income, and other claims that often cannot be calculated until you have reached a point of maximum medical recovery.  

The Insurance Claims Process includes gathering the records and the evidence in your case, as well as recording the facts that are clear in your mind when the injury first happens. A person that waits and that doesn't start to collect the evidence early may lose their case.  Evidence can be lost or destroyed and it is your job to document the claims and to prove the case.   If you can't prove your personal injury insurance claims, you can't collect anything. 

There are many factors that may cause you to lose your insurance claims if you don't know what the rules are.  You may have to prove that it is the other person's fault to collect. Fault is not normally a significant issue in Kentucky Workman's Compensation Insurance.  But fault is a factor in Automobile Injury and Personal Injury claims.  In Kentucky, we have comparable fault.  In personal injury claims, a person is negligent and liable based on their degree of fault.  Even if the person is at fault, they may recover.  You have to file your personal injury claim within the statutory time limits.  If you wish to collect for pain and suffering, your medical insurance expenses must equal over $1,000 dollars in damages to collect for pain and suffering.   Often, this may be a reason to make certain that you seek early and complete medical help and assistance. 

The processing of the insurance claim may involve a lot of negotiations and positioning between the insurance company and your personal injury attorney.  Often, insurance companies will want you to sign away a waiver when they think that you may not be covered.  This will limit their liability. You should always have your attorney review these insurance waivers.  Often, a personal injury attorney may sue the insurance company for an amount in excess of policy limits, yet make an offer to the insurance company for slightly less than the policy limits for tactical reasons.  We explain in the manual how this may then make the insurance company liable for limits over and beyond the policy limits. 

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