Once you’ve been in a car accident and have ensured your safety, the first step afterward is dealing with the car insurance companies. The insurance companies will investigate the accident to determine who was at fault and use the evidence collected to negotiate with the one seeking compensation for the accident.
Understanding how insurance company investigations work can help you feel more prepared as you navigate through the claims process.
Common Insurance Company Investigation Techniques
Insurance investigations utilize several techniques to thoroughly investigate car accidents. Their main goal is to gather as much evidence as possible to determine who is liable and then assess the extent of the damages to property and person.
Reviewing Police Reports
One of the first things insurance companies will look at is the police reports from the car accident. The police report provides vital information for their investigation:
- Witness statements (if applicable)
- Date, time, and location of the accident
- Any citations issued by law enforcement
- Names and contact information for all involved parties
- Diagram of the accident scene
They’ll review the police report to find any discrepancies in the accounts of all the parties involved and use that information to understand the circumstances of the accident.
Interviewing Witnesses
Looking into eyewitness statements is a crucial part of any car accident claim. While they’re not always the most reliable, they can provide valuable insights into what happened. Insurance companies will reach out to any witnesses listed on the police report. When they reach out to the witnesses, they might ask questions such as:
- What did you see before, during, and after the car accident?
- Can you describe the sequence of events leading up to the accident?
- What were the road and weather conditions like at the time?
- Did you notice any odd behavior from the drivers involved?
Any answers they can provide will help the insurance adjusters put together a more accurate picture of what happened.
Inspecting the Accident Scene
When looking into accident claims, they’ll send an investigator to the accident scene if possible. They might not always do this for minor accidents, but those with severe injuries and property damage will have an investigator on the scene. Investigating the accident scene can reveal:
- Visibility issues
- Skid marks and debris in the road
- Road conditions or hazards
- Traffic signal issues
- Nearby surveillance cameras that might’ve filmed the accident
Looking at the physical evidence will help insurance companies corroborate or challenge any accounts provided to them.
Reviewing Medical Records
Medical records are essential for investigators to understand the physical injuries the accident caused better. The medical records they’ll look for usually include:
- Medical bills and invoices
- Emergency room records
- Diagnostic test results
- Doctor’s notes
- Treatment plans and recommendations
By looking at the medical records, they’ll verify the extent of the injuries and their long-term effects so they can better negotiate with the injured party.
Gathering Evidence
No investigation is complete or worthwhile without gathering evidence. The insurance companies will gather as much evidence as possible to assist with the car accident claim.
Photographs and Videos
Visual evidence is usually the most compelling when determining who is at fault for the accident. Insurance companies will look at:
- Pictures of the accident
- Photos of vehicle damage
- Dash camera footage (if available)
- Pictures of visible injuries
- Smartphone videos
- Traffic camera recordings
Witness Statements
Many witnesses will give verbal statements at the scene, but they must also provide written statements. Insurance companies will use these written statements to help determine who was at fault.
Expert Opinions
For complex car accidents, insurance companies might utilize experts to provide their opinions on various parts of the accident. Experts can offer an in-depth analysis of different components of the accident. Some experts they might consult are:
- Traffic safety experts
- Accident reconstruction specialists
- Medical professionals
- Automotive engineers
Determining Liability
Once the insurance company has gathered all the evidence it can, it will use it to determine liability. This process is straightforward in some accidents, but it can be complicated in others.
Fault Analysis
Adjusters will use all the evidence gathered to conduct a fault analysis. Since this is such an essential part of the claims process, they’ll consider factors like:
- Driver behavior
- Traffic laws and regulations
- Vehicle maintenance and potential mechanical failures
- Road conditions and signage
- Weather conditions
Comparative Negligence
While one person is usually at fault in a car accident, there are often times when both drivers share some level of fault, or it’s spread out amongst several other parties. Some states use comparative negligence when assessing liability.
For example, if you were hit but were found to be 15% liable, your overall compensation can be reduced by 15%. Speaking with your car accident attorney is essential to setting realistic expectations on what you can recover through a settlement.
Insurance Coverage
The claims adjuster will look into the auto insurance policy of the other driver to help determine what compensation can be provided. The insurance claims adjuster will look into the following:
- Policy limits
- Coverage types (collision, liability, comprehensive, etc.)
- Exclusions and limitations
They’ll use this information to determine how much the insurance company is obligated to pay. Some policies allow for more significant amounts than others.
Negotiating a Settlement for the Insurance Claim
After the investigation and the insurance company assigns liability, settlement negotiations can begin.
Initial Contact with the Insurance Adjuster
After the car accident, you’ll be contacted by an insurance adjuster. This initial contact is common with car accident claims and serves several purposes:
- To inform you about the claims process
- To gather your information and account of the car accident
- To talk about your injuries and other damages
- To possibly make an initial settlement offer
It’s important to know the insurance company might ask you questions that can lead to a lower settlement. Always consult with your car accident attorney before answering their questions.
Settlement Offers
The first settlement offer you get will likely be a lowball offer. Insurance companies try to minimize payouts in whatever way they can. They’ll consider factors like these when making their offers:
- Physical injuries
- Emotional distress
- The severity of the injuries
- Pain and suffering
- Property damage
- Lost earning capacity and wages
Negotiation Tactics
Throughout the negotiation process, the insurance companies will use different tactics to minimize how much they pay out. Some of their common strategies include:
- Delaying the process to pressure you into a quicker settlement
- Using recorded statements against claimants
- Downplaying the severity of injuries
- Questioning the necessity of specific medical treatments
- Disputing liability and asserting shared fault
When you understand the tactics they use, you can better plan on how to navigate them and secure the maximum settlement you deserve.
How a Personal Injury Lawyer Can Help You With Car Insurance Companies
An insurance company is a business, and dealing with them post-accident isn’t a stress-free experience for most people. An experienced Chicago auto accident lawyer can provide you with invaluable assistance throughout the process.
Advocating for Your Rights
An experienced attorney will fiercely advocate for your rights by:
- Ensuring you’re treated fairly by the insurance company
- Handling all communication with the insurance adjuster
- Protecting you from providing statements that they can use against you in negotiations
Negotiation Skills
A significant benefit of hiring an attorney is their negotiation skills. They understand how the insurance adjusters work and will navigate through their tactics. They can:
- Present compelling arguments to maximize your compensation
- Accurately value your claim based on all the damage incurred
- Counter lowball offers with evidence-based demands
- Navigate complex legal and insurance terminology
Working with an attorney is the best way to ensure you’re not being taken advantage of and maximize your settlement.
Maximizing Compensation
Your lawyer’s primary goal is to get you a fair settlement based on the circumstances of the car accident. They will:
- Identify all potential sources of compensation
- Calculate all current and future medical expenses
- Consider non-economic damages, too, like pain and suffering
- Asses lost wages and diminished earning capacity
Secure Expert Legal Representation!
If you’ve been injured in a car accident, dealing with the insurance company and their adjusters can feel overwhelming. The Chicago auto insurance claim attorneys at Rosenfeld Injury Lawyers have ample experience handling cases of all severity levels. We understand how the insurance companies operate and will advocate for your rights every step of the way.
We’ll thoroughly investigate your claim, build a strong case, and negotiate the highest settlement that’s fair on your behalf so you can focus on healing. Don’t hesitate to reach out to our legal team.
We offer a free, no-obligation consultation so you can learn more about your rights. Call (888)-424-5757 or fill out our contact form to book a free consultation.