What Role Does Insurance Play in a Personal Injury Case in California?

July 4, 2024

If you have ever been in an accident, you’ve likely have had to file an insurance claim. The insurer likely requested a host of details about your personal injury, which probably made your head spin. You likely find the process tedious, having to submit endless amounts of documentation to get the compensation you desperately need.

At Bamieh & De Smeth, we believe that nobody should be financially underwater following a personal injury. Our CA personal injury attorneys have helped countless clients recover their losses following an accident. Let us assist you and your family in finding financial relief.

Investigating the Claim

When you file a claim, an insurance adjuster will be assigned to your case. The adjuster will examine the circumstances of your case, gathering the following types of information:

Accident Report

If you are in a motor vehicle collision in The Golden State, you are required to contact the police if anyone was injured, killed, or if there was at least $1,000 in property damage. A police report will provide crucial information, including the names of all parties involved, the date/time of the accident, a diagram of the accident itself, and who the police officer believes is at fault.

Photos and/or Videos

Documentary evidence can fill in any missing gaps regarding what took place. Video evidence is especially strong since it will show in real-time how the accident unfolded. Video footage may be available from a dashcam, a cell phone, or even a bodycam. Video footage can significantly strengthen or weaken your case.

In a car accident, photos of the accident scene may include the final positions of the vehicles, skid marks, broken taillights and other vehicle wreckage, and debris from the crash. A personal injury attorney has the experience needed to obtain both video footage and photographs from accident scenes, streamlining the entire process.

Eyewitness Testimony

If a bystander witnessed your accident, you will want to get their information in case you need to call on them later to testify. A bystander can provide invaluable insight into how an accident unfolded, providing an impartial view of the event.

Determining Fault

In any personal injury case, a party’s fault is established by examining the following:

While many states bar a person from recovering damages if the individual is more than 50 percent at fault for an accident, California practices pure comparative negligence, in any personal injury case, you can recover damages, even if you are 99 percent at fault for the accident.

From the beginning stages of your claim, it is important that you hire a CA personal injury attorney to represent you. A CA personal injury attorney will perform their own due diligence to see if there is anything that the insurance company failed to take into consideration.

Compensation for Your Losses

We pay insurance premiums so that we are covered in the event that something goes wrong. Insurance coverage offers us financial protection and peace of mind. Insurance serves the role of giving us a financial cushion if we suffer an injury. Sadly, insurance companies are only concerned about their bottom line, making it essential that you hire a personal injury attorney to look out for your interests.

Reach Out to a CA Personal Injury Attorney Today

Our CA personal injury attorneys understand that you are going through a difficult time following an injury. If you have suffered an injury due to someone else’s fault, you deserve to be compensated to the fullest extent of the law. To learn more, contact us online or by phone to schedule your free case evaluation.