LIFE Published December28, 2020 By Ernest Hamilton

How Do Lawyers Demand Compensation from Insurance Companies?

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How Do Lawyers Demand Compensation from Insurance Companies?
(Photo : How Do Lawyers Demand Compensation from Insurance Companies?)

Insurance companies are notorious for turning down claims or minimizing how much they have to payout.  Fortunately for us, there's no shortage of attorneys out there who can see our side of the problem.  They seem to work magic by getting the money out of these insurance companies and into the hands of the individuals who need it and deserve it.  It looks like an easy process from the outside, but there are several steps they have to take to get that money to you.

Learn About Your Case

The first thing the best auto accident attorney will do is go over the information you supply them with.  It's for the best if you include as much information as you can.  Have pictures of the accident, photos of your injuries, and screenshots or notes of every interaction you've had with your insurance company.  If there are other details, like that the other driver admitted fault, or a police report, include those as well.  Your lawyer will dive into all of this information and come out on the other side with a clear vision of what needs to happen. 

Demand Letter

Your lawyer will nearly immediately send off a demand letter. This letter will detail the physical and emotional turmoil you may have gone through and list any financial burdens this crash had placed on you.  Through this letter, your lawyer will include the intention to sue and document the intended amount you deserve for your hardship.  Some lawyers will allow you to review the letter, but most will send it off after your first meeting.  Within a couple of weeks, the insurance company will have a response for you.

Settlement

Whether it's yours or that of another car owner in the accident, the insurance company found accountable will respond quickly.  They know that accident victims are often desperate to recover the costs and will send an extremely lowball offer in the hopes that you'll accept it.  Your lawyer will go over this amount with you and will discuss whether or not you'll be likely to get more if you go to court.  In the end, it's your decision whether you move forward with the lawsuit.

Court Case

If you turn down the settlement and take this to court, you can rest easier knowing that your lawyer will be working hard to win your case.  Nearly 95% of car accident insurance cases are closed before they get to court because people accept the settlement or drop the case altogether because of the financial burden.  The five percent who don't take the payment or drop out have a fifty/fifty chance of winning.  It all depends on your lawyer.

They'll work to find witnesses, both professional and eyewitnesses, and will do everything to prove you deserve the demanded amount.  The insurance company will, of course, push back against this.  Most court cases end with a smaller rewarded amount than required- but that's still often more than the settlement would have offered.

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