Handling Personal Injury Claims: Navigating Complex Legal Scenarios

When a party falsely claims injury from an accident and demands an amount exceeding the insurance coverage, the situation can become confusing and challenging. This article aims to clarify the various legal and practical considerations involved in such cases, providing guidance for individuals in similar situations.

Understanding Legal Liability and Insurance Coverage

Your automobile insurance company is generally responsible for providing coverage for anyone operating your vehicle with your permission. However, to be legally liable, there usually needs to be some basis for fault, either by statute or common law. It is critical to note that the situation you described is contingent upon the specific laws of the state and the facts of the case. Legal liability can be complex, and every situation is unique.

Common Landscapes of Personal Injury Claims

Personal injury claims often involve a party demanding compensation in an amount greater than the insurance policy limits. For instance, if an accident victim is seeking more than $500,000 in damages, but your liability insurance only covers up to $200,000, you will need to address the remaining claim. This situation can be overwhelming, especially if there are false claims and disagreements over liability.

Insights from Personal Injury Lawyers

Personal injury lawyers can provide valuable insights and guidance during these complex legal scenarios. The amount a lawyer is willing to pursue can vary significantly. For example, some policies may not allow claims exceeding a certain limit, and lawyers may only focus on the insurance coverage unless there is a compelling reason for additional compensation. In some cases, the insurance company may only offer a portion of the requested amount or nothing at all.

Case Study and Practical Advice

Consider a case where a big-time personal injury lawyer in a particular state did not collect any additional compensation for his clients during 2018 beyond what was already covered by insurance. This scenario emphasizes the importance of working with a skilled legal professional who can navigate the complexities of the case.

What can you do if your insurance company has already informed you of a demand and a possible excess claim? The best course of action is to write a formal letter to the plaintiff's insurance carrier, demanding that they settle within your policy limits. Here are the steps to follow:

Write a letter: Craft a well-documented and concise letter to the insurance carrier, stating your position and that you expect the claim to be settled within your policy limits. Send the letter certified with a request for return receipt.Seek Legal Representation: Hire a board-certified personal injury attorney to represent your interests. The attorney should be instructed to handle the case with minimal additional work, focusing primarily on ensuring that appropriate letters are sent to the insurance company.Review Letters: Ensure that all letters sent to the insurance company and the plaintiff are well-documented and follow through on all necessary steps.

While this is not legal advice, it is a recommended course of action based on the general principles of insurance and personal injury law. The key is to stay informed, respond appropriately, and consult with legal professionals to protect your rights and interests.

Conclusion

Handling personal injury claims, especially those involving false claims and demands exceeding insurance coverage, requires a thorough understanding of the legal system and practical steps. By taking informed actions and seeking professional legal advice, you can navigate these complex legal scenarios more effectively.