Insurance Companies Required to Fight You
In the event of an accident, an insurance carrier holds the legal responsibility to provide a defense to the insured.
When you select an insurance carrier for your car, the company has a legal obligation to provide you with a defense if an accident occurs. Of course the other driver’s insurance company has the same obligation, so if you file a personal injury claim, the adjuster has an obligation to protect the insured from your damage claim. This means that the company could fight you in court in order to attempt to prove you were at fault, even in cases where the evidence shows otherwise.
On the other hand, the insurance company could also agree to a settlement with the other party even if the insured driver doesn’t feel as though they’re at fault. Insurers have the right to make this decision, but cannot settle for an amount higher than their policy limits without the insured’s approval.
Even though your insurance company is required to provide you with a defense, if you were NOT at-fault for the accident, it’s a very good idea to hire your own personal injury attorney. The truth is that your insurance company is only interested in servicing the needs of the company and doing what’s in their best interests; not necessarily yours. They don’t care how much money YOU end up with, but your attorney does.
If you’re unsure what the best path is in your case, I urge you to speak with a few attorneys in your area and get multiple (free) opinions. Accident attorneys almost always offer free consultations, and also work on a “no win, no pay” basis. This means that you can hire an attorney to handle your claim without risking a penny of your own money.
Category: Lawyer's Advice
