Insurance Claims Lawyers

You may be dealing with an insurance claim that has yet to be paid. This claim may be associated with an injury you suffered due to no fault of your own. In spite of this, the at-fault party’s insurer is still refusing to pay it. At this point, it may be beneficial to hire Colorado Springs personal injury lawyers who will negotiate with an insurance company on your behalf. 

The insurance claim lawyers at Heuser & Heuser, LLP understand the challenges associated with negotiations with insurers. Our insurance claim attorneys can take a look at your case and go over your legal options with you. To get started, contact us today. 

Insurance Claim Definition

With an insurance claim, you request a payment for an incident covered by an insurer. Ideally, the company behind an insurance policy will provide 100% of the money you need for your losses. However, an insurance provider may contest a claim. It may do everything within its power to avoid paying out compensation. 

Common reasons why people file insurance claims include:

• Bicycle accident
• Car accident
• Motorcycle accident
• Pedestrian accident
• Ridesharing accident
• Slip and fall accident
• Truck accident

Colorado is classified as a fault state relative to insurance claims. This means you may be able to get compensation from the insurance company responsible for your personal injury. To understand how this works, consider an example. 

You may get hurt in a car accident in which the other driver was speeding. The at-fault motorist may be at fault for your collision. In this situation, you may notify your auto insurance provider about your crash. From here, your insurer may investigate the incident, find out why it happened, and figure out who is at fault. 

It is mandatory for every driver in Colorado to have auto insurance. Following your auto collision, your insurer may contact the at-fault party’s insurance company. They may seek compensation for your losses if you were not at fault for your collision. 

Even if you are in no way responsible for your car crash, there is no guarantee you will get damages. An insurance company is focused on its own bottom line and its client’s best interests — not yours. Thus, an at-fault party’s auto insurer may commit time and resources to dispute your claim. The insurance provider may do things to try to get you to accept some or full responsibility for your accident. It may also pressure you to accept a lowball settlement. 

When you have an experienced insurance claim lawyer at your side, you have nothing to worry about. With an auto accident or any other type of personal injury case, your attorney protects your legal rights. Your insurance claim attorney helps you pursue the damages you want. They can also answer frequently asked questions and any other questions you have relating to your case. 

Why an Insurer May Deny Your Claim

According to research, 60% of insured adults experience problems with their insurance provider. Just because you have a legitimate insurance claim does not mean your insurer will provide you with compensation. Some of the reasons why an insurance company may deny your claim include:

You Cannot Prove an At-Fault Party Was Negligent. 

After a bike accident or any other incident that leaves you with an injury, you must be able to provide evidence that shows an at-fault party was negligent. To prove negligence, you must verify the following things were true at the time of your accident:

• The at-fault party had a legal obligation to act in a reasonable and cautious manner. 
• This party violated their obligation by acting recklessly and carelessly toward you.
• Because the party breached their duty of care, you suffered an injury. 
• The injury you incurred has left you with quantifiable or subjective losses. 

Lawyers who sue insurance companies are very familiar with the elements of negligence. They may help you gather medical records, pay stubs, and other forms of proof to support your claim. Regardless, an insurance provider may have doubts about your proof. This may prompt the provider to reject your claim — and you may have to consider other legal options to get compensation from an at-fault party. 

Your Injuries Are Not as Severe as You Claim They Are. 

Attorneys who sue insurance companies may tell their clients not to speak with an at-fault party’s insurer following a ridesharing accident or other types of incidents. By discussing your accident with this party’s insurance provider, you may inadvertently compromise your claim. 

For instance, an insurance company may ask you to speak on the record about your accident. You may believe doing so will help your case since it gives you the opportunity to share your side of the story. Yet, an insurer likely wants to collect evidence it may use against you. This may lead the company to put pressure on you to admit you are at fault for your accident. If you accept any responsibility, you may raise concerns about your injuries. Worst of all, an insurance company may reject your claim. 

Along with this, a lawyer who sues insurance companies may urge their clients not to publish content on social media about their accident. Photos, videos, and other social media content are easily accessible to the party at fault for your incident and their insurance provider. This party or their insurance company may comb the internet to look for photos and videos relating to your accident. If they find content that shows you are engaged in activities you previously enjoyed prior to your incident, they may use it to illustrate that your injury is not as bad as you initially reported. This may result in a denial of your claim. 

You Cannot Provide Enough Proof. 

An attorney who sues insurance companies understands the value of a body of evidence. They may help you collect and evaluate many forms of proof relating to your accident and personal injury, including:

• Accident scene photos and videos
• Police reports
• Witness statements

Much in the same vein, the at-fault party in your case may present evidence to show they are not responsible for the accident. If this party’s evidence appears more credible than yours, this may prompt an insurer to reject your claim. 

Lawyers for insurance claims can teach you about mistakes to avoid after a car accident and provide other legal recommendations and guidance. They may help you build a compelling argument to show you should not be held accountable for your accident. 

Insurance Claim Process

Attorneys for insurance claims may walk you through the process you will need to complete to get compensation from the party who caused your accident and personal injury. Here are steps to follow to boost your chances of getting the best results out of this process:

1. Partner with a Lawyer for Insurance Claims

Not all attorneys are created equal. By hiring an attorney for insurance claims, you may be able to submit all required information to an insurer. It may be beneficial to choose a lawyer who has achieved outstanding case results. This lawyer may discuss your claim with an insurer and work with them to resolve it as quickly as possible. 

2. Get Medical Care

An auto claims lawyer or any other attorney who deals with insurers may recommend you continue to receive medical treatments. This helps you address your injuries before they get any worse. Plus, you may get medical bills and other records you can use to support your request for compensation. 

3. Collect Evidence

It may be helpful to organize all of your evidence and be prepared to share it with an insurance provider. An auto claims attorney may help you with this. They may collect and evaluate proof with you. Auto claims lawyers may also contact the police and other parties to see if they can gather additional evidence on your behalf. 

4. Negotiate a Settlement 

Auto claims attorneys and other lawyers who work with insurers may ask their clients to consider settlements. If you receive a settlement offer, you do not have to accept it. It may be a good idea to discuss a settlement proposal with your attorney and hear what they have to say about it. If your lawyer believes a proposal does not align with your best interests, they will let you know. No matter how your attorney feels about an offer, you decide whether to accept, reject, or counter it. 

5. Move to Litigation

If negotiations break down, you still have legal options. You may work with an auto insurance lawyer or another legal professional who can help you request damages as part of an injury lawsuit. 

In Colorado, you may have up to two years from the date you suffer an injury to file a lawsuit. Car insurance lawyers may help you request economic and non-economic damages through your lawsuit. A judge or jury may award economic compensation for medical bills and other quantifiable losses. You may receive non-economic damages for pain and other subjective losses. 

Insurance Claim Liability

The at-fault party in a personal injury case varies. Examples of parties who may be covered by insurance and responsible for an accident and injury include:

• Businesses
• Drivers
• Property owners

A car insurance lawyer may help you identify the at-fault party in your accident case. They may work with you to submit your claim to this party’s insurer. In addition, your car insurance attorney may explain if they believe you should file an injury lawsuit. 

How Modified Comparative Negligence May Affect Your Insurance Claim

Colorado has at-fault laws and a modified comparative negligence statute. Based on these, what you receive in compensation in a personal injury claim may be reduced by your percentage of fault. Car insurance attorneys may explain state laws in detail. They may help you craft an argument to make it clear to an insurance company that you are not responsible for your injury.

With modified comparative negligence, if you are 1-50% at fault for your injury, a judge or jury may award you less compensation than what you originally expected. As an example, an auto insurance attorney may help you sue a negligent driver. The judge or jury in your case may find you are 20% responsible for your crash. In this scenario, you may receive 80% of the damages you initially requested. 

In a case where you are found to be more than 50% at fault, you may receive no damages. Auto insurance lawyers and other legal professionals may help you show the other party involved in your case is solely liable. If they succeed, you may be awarded full damages. 

When to File an Insurance Claim

You should not wait too long after you suffer a personal injury to submit your claim. Auto insurance attorneys are available to assist you with your claim. You may contact a lawyer just days after your accident. This attorney may help you file your claim and prepare an argument to support it. 

It may take weeks or months to resolve your insurance claim. Over the course of negotiations with an insurer, you may receive multiple settlement offers. Remember, any settlement you accept should provide you with sufficient damages. If it does not, your attorney may recommend you continue to negotiate or file an injury lawsuit. 

If you pursue an injury lawsuit, it may be best to work with a lawyer who has received many positive client reviews. This attorney may have many years of experience with injury claims. They may help you navigate the legal process and overcome any challenges that come your way. Your attorney may help you secure compensation you can use to cover your medical expenses and other injury-related losses. 

Get Legal Help with Your Insurance Claim

Filing an insurance claim based on a personal injury may be a hassle. If you are concerned you may make mistakes when you submit your claim and want legal help with it, the team at Heuser & Heuser, LLP is here for you. Our insurance claims attorneys can walk you through the insurance claims process and support you every step of the way. We are ready to discuss your claim and help you out with it. To schedule a free case consultation, contact us today.