What to Expect From Insurance Companies in Missouri Personal Injury Cases
When navigating personal injury cases in Missouri, understanding what to expect from insurance companies is crucial for injury victims seeking compensation. Missouri law requires that all drivers carry liability insurance, which means that when an accident occurs, the at-fault party’s insurance company will be involved in the claims process. Here’s what you can anticipate.
1. Initial Contact and Investigation
After an accident, the first step often involves filing a claim with the at-fault party's insurance company. Typically, you will receive an initial contact from an adjuster who will introduce themselves and begin gathering information about the accident. This investigation process will include the review of police reports, witness statements, and possibly a visit to the accident scene.
2. Assessment of Liability
The insurance company will closely examine the details surrounding the accident to determine liability. They will assess whether their policyholder is at fault and to what degree. Understanding comparative fault laws in Missouri, which adhere to a 51% bar rule, is crucial. If the injured party is found to be more than 50% at fault, they may be barred from recovery.
3. Handling Medical Claims
Insurance companies will require documentation of medical treatment related to the injury. This includes medical records, bills, and evidence of ongoing treatment. Be prepared for the insurer to scrutinize your medical history to establish a direct link between the accident and your injuries. This can often prolong the claims process as they seek to minimize their payout.
4. Evaluation of Damages
Damages in personal injury cases can be complex and may include medical expenses, lost wages, pain and suffering, and property damage. Insurance companies will evaluate these damages to determine a fair settlement offer. It’s crucial for victims to ensure that they account for both current and future expenses to avoid shortchanging themselves.
5. Settlement Offers
Once the insurance adjuster has gathered all necessary information, they will typically present a settlement offer. Be aware that initial offers are often lower than what might be reasonable. This is where negotiation skills come into play. Victims should be cautious and consider consulting with a personal injury attorney for guidance on whether an offer is acceptable.
6. The Potential for Denial
Not all claims will end with a payout. Insurance companies may deny claims based on various factors, such as insufficient evidence, discrepancies in the claimant's story, or not adhering to insurance policy terms. If your claim is denied, it’s essential to understand your options for appealing the decision or pursuing legal action.
7. Length of the Claims Process
The duration of personal injury claims in Missouri can vary significantly. Factors affecting the timeline include the complexity of the case, the extent of injuries, and the willingness of the insurance company to negotiate fairly. Patience is key, as rushing the process could result in inadequate compensation.
8. Legal Representation
Engaging a knowledgeable personal injury attorney can make a substantial difference in dealing with insurance companies. Attorneys can help victims navigate the claims process, negotiate settlements, and pursue litigation if necessary. Having legal representation often leads to better outcomes and ensures that victims are not taken advantage of during negotiations.
Understanding how insurance companies operate in Missouri personal injury cases enables victims to approach their claims with confidence. Staying informed can enhance the chances of achieving a fair settlement and securing the compensation needed for recovery.