If you’ve been harmed in an accident as a result of someone else’s negligence, then there is a great chance that you’ll turn to the insurance company of the liable party for compensation.
The Insurance Claims Process
Whether you were injured in an automobile accident, at a home or building, or while visiting a business, you typically must report the incident to the insurance company within 24 hours of the incident. If you weren’t at fault for the accident, you should contact the insurance provider of the business, building owner, or at-fault driver. You’ll probably be required to provide information about the cause of the accident and the extent of your injuries.
The insurance company will then open an investigation of your claim. You may be asked to provide photos of the accident scene, the names of any witnesses, or a more detailed account of the incident. In addition, you will probably have to submit to an independent medical examination by a doctor of the insurer’s choice. If the injury was caused by a building condition, the claims adjuster may make an inspection of the property.
After calculating the value of your claim, the insurance company will then issue a settlement check. If your claim is denied or if you believe the amount of the settlement is inadequate, you can appeal to the insurance company. An appeal may require you to submit to additional examinations or provide further information and evidence about the accident.
Insurance Claims: Showing Proof of Liability
If you’ve been harmed in an accident due to somebody else’s act, then there’s a good possibility that you will consult the liable party’s insurer for compensation. However, to get relief from them, it’s essential for you to establish that the other party was liable for your injuries and the accident. This article tackles proving liability in insurance claims.
Burden of Proof
In any personal injury case, the individual seeking to get compensation has what’s called the “burden of proving” that the accused is responsible by “preponderance of the evidence.”
The plaintiff (injured party) should, therefore, show that it’s more likely than not the accused caused the accident which resulted in your injury. The injured party can meet their burden by providing detailed evidence regarding the accident and their ensuing injuries, and by demonstrating how the facts their case fit within the set rules that govern negligence claims.
Nearly all insurance claims will vary according to the plaintiff proving that the accused was negligent. Negligence needs demonstrating the existence of the following elements: the accused owed a duty of care to the victim; the accused violated that duty of care by behaving unreasonably; the accused’s unreasonable behavior resulted in an injury; and that the victim was truly injured
Now that you have some knowledge about the basics of insurance claims, let us proceed to Showing Proof of Injury liability in an Insurance Claim by AllLaw. The article talks about proving the fault of the injuries you sustained for an insurance company to pay you for damages.
After establishing that the defendant owed a duty of care, the plaintiff must offer evidence to prove that the defendant breached that duty.
This requires producing evidence that the defendant failed to act as a reasonably careful person would have acted in similar circumstances. In car accident claims, a plaintiff can show a breach of duty by producing a police report in which the defendant was cited for violating specific traffic safety laws. Other evidence that a car accident claimant might introduce would be the report of an accident reconstruction expert who can show that the defendant’s conduct was unreasonable and unsafe. The plaintiff might also present photographic evidence or the evidence of witnesses to the scene who may be able to testify that the defendant was operating his vehicle in an unsafe manner.
In a slip and fall case, the plaintiff may be able to prove breach by showing that the defendant knew of an unsafe condition on its premises, but failed to either warn the plaintiff or take steps to remedy the condition. This might be proved by presenting evidence of similar accidents that had occurred on the same property.
Showing Breach of Duty
In personal injury, the duty of care is the legal obligation of the defendant to behave with reasonable caution for the safety of the plaintiff. The duty of care is sometimes simple to establish.
For instance, in vehicle accident claims, the accused owes a duty to use his motor vehicle carefully always, which may take in specific requirements like following at a safe distance to prevent rear-end crashes.
Slip and fall claims will handle another form of duty of care. For instance, a store is obliged to maintain sensible safety measures for its clients or customers, but the store does not have a duty to tidy its sidewalk of ice or snow. The duty of care to a plaintiff could also vary upon the plaintiff’s legal status. For example, a homeowner has a different duty to an individual trespassing on his property than the homeowner would to a social invite.
The victim can show the duty owed by the accused in various ways. In car insurance claims, the duty of the defendant could be established by a law compelling the use of an “assured clear distance” or turn signals. In slip and fall claims, the plaintiff could show the duty of care owed by demonstrating that he was a paying client and thus entitled to an increased duty.
Showing Violation of Duty
After showing that the accused has a duty of care, the victim must provide proof to establish that the defendant violated that duty.
In slip and fall claims, the plaintiff could prove the violation by establishing that the accused was aware of a dangerous condition on its grounds, but unable to warn the victim or take measure to fix the condition.
Check out more about insurance claims in a personal injury case by clicking on the article above.