When Should You Send The Notification Letter To Your Insurance Company?

If you’ve been involved in a car accident or you have gone through an injury, you might have an insurance claim in mind – regardless of whether it’s directed towards your own insurance company or towards the one of the at fault person. You should, however, get in touch with your insurer in order to let them know of the accident. However, there are things that you need to take into account.

When To Contact The Insurance Company?

It’s not a bad idea to go ahead and get in touch within no more than 72 hours of the accident in order to get them notified about it. For one thing, your own insurance policy might have a requirement for such notice of intent. Now, strictly speaking, it is highly beneficial to get in touch with your insurance company as soon as you can and provide them with all the necessary information, especially if you are directing the claim towards them. This is due to a wide range of different reasons, so let’s go ahead and take a look.

It Will Help Them Figure the Case

Keep in mind that regardless of how mind numbing the accident might have been, the investigation is going to take some time. The reason is quite obvious – the adjuster that’s dealing with your case has at least 100 more of them to figure out and you are most certainly out of his priorities. There’s nothing personal to it, it’s just business that needs to be taken care of. It is best to allow your personal injury lawyer to help you with the process. The experienced lawyers have worked with plenty of cases and dealt with insurance companies on a regular basis. Thus, they understand the details of the process.

Will Speed Up the Process

The sooner you notify the insurer, the sooner you are going to get your case looked into. There is absolutely no need for you to wait. Furthermore, it is in your best interest to get the case going quickly so that you can prevent months of waiting time. However, keep in mind that you shouldn’t be an imposition – make sure that you take care of everything but don’t impose as this is likely going to put you on the back burner.

In any case, dealing with the insurance company isn’t something tremendously complicated but there are some specifications that you need to account for. It is in your best interest to be helpful and to assist them in the matter in order to avoid long waiting periods. However, you should also keep in mind that an adjuster is going to do everything within his reach to avoid going to court so don’t be afraid to leverage a motion, if you need to. This is capable of getting you a bigger settlement offer as opposed to the low ball one you are going to get in the beginning.

How Will The Insurer Settle Your Claim For Compensation After An Accident?

Over 90% of the personal injury claims in Ontario never reach the court room. The reason for that is quite obvious – people don’t want to waste years in court battles and insurance companies don’t want to run the risk of reaching a ruling that’s not in their favor. So, in the most cases, both parties would compromise in a sense to reach a mutually beneficial agreement. Whether or not this is beneficial for you is a situational point and there are things to be considered but for the most parts it is going to be.

With this in mind, it’s important to be well aware of what happens once you’ve filed your injury claim with your insurance company. The first thing that you need to know is that if you haven’t filed a lawsuit and if the adjuster hasn’t got all the necessary facts to make a reasonable suggestion, the latter is going to send in an offer which is going to be a particularly low one. The adjuster is just not going to be settling the case if he feels like he doesn’t have the full picture. However, you need to understand the process of investigating your claim and the determining of the facts in order to know the whole story.

Investigating your claim

The first thing that the adjuster is going to do is understand the claim of the insured and get as much information from him about the accident. You are the insured – make sure that you present him with as many details as it is necessary as well as all the relevant documentation. Furthermore, he is going to conduct a questioning of all those involved in the accident so that he can have a clear statement.

After that, he’s going to start taking a closer look at the police reports as well as all other sorts of reports which are connected to the case in some way. He’s going to take into account the facts stated in the medical records of the injured parties in order to make an informed proposition.

Analyzing the facts

After the adjuster has gone through all of the necessary information, he’s going to structure and organize it so that he can properly analyze the facts. This is essential for him to make a proper offer for settling the case. By accounting for all the variables, the insurer is going to be able to make a comprehensive proposition which is going to be viable and reasonable. Of course, you shouldn’t expect something off the charts as the initial offer is going to be considerably lower. That’s why you need to have yourself prepared for fierce negotiation. Additionally, when you seek the services of a personal injury lawyer in Barrie or Orillia, they can represent your interests with the insurance company. This will help you get a better negotiating platform for ensuring that the compensation is maximized.

Should You Strong Arm The Insurance Adjuster?

The first thing that you need to know is the kind of work that the adjuster is going to do. This is the person who’s going to handle your entire case and he is the one who is going to officially make the settlement proposals. With this in mind, there are quite a few things that you might want to take into account when dealing with him in order to go ahead and get the most out of your proposal.

The first thing that you need to determine is whether or not you will be able to strong arm him. On theory, you will be able to but you should do so only in certain situations, so let’s walk through it.

The initial stage

At first the insurance adjuster is going to begin by conducting a proper investigation of your case. He is going to ensure that he has all the necessary information before he proceeds to making an offer. This is a lengthy process which is going to take some time. Here, you should interfere only to help. Don’t go ahead and think about pushing him because that’s only going to backfire on you. There are tons of legislative opportunities which will allow the adjuster to delay your claim and you don’t want to take that chance. That is why this is the right time to hire the services of an injury lawyer in Ontario.

Rejecting the proposal

Whenever you reject a low ball proposal on behalf of the insurance adjuster, you are going to need to have something to respond with – the best thing you can do is to get a motion for a personal injury lawsuit prepared and attached. Simply say that you don’t feel like the proposal is suitable and you intend on getting the matter resolved through the court. This is going to get you the much needed attention and he’s going to start proposing regular amounts.

The thing is, insurance adjusters aren’t going to want to go to court. This puts them over a barrel because they don’t want to risk paying the full amount that is due on top of the lawyer fees, court taxes and the interest for the delayed payment. Even though you might lose the case, the insurance company isn’t going to be willing to invest in the case on the off chance of saving a small amount. That’s why it’s going to respond with a bigger offer. Now, you should also take into account the fact that a trial is going to be particularly lengthy. You will be in court for at least a couple of years, meaning that you are nowhere near seeing that compensation. That’s why you should also weigh the pros and cons and see  if it is or is not a good idea to compromise and get a lower settlement right on the spot.

 

Are Traumatic Brain Injuries Due to Accidents Covered by Tort Laws?

It’s worth noting that there are quite a lot of different causes that may lead to a traumatic brain injury. Not all of them are particularly dangerous and some might only lead to a small concussion but others could leave you impaired for life. With this in mind, let’s go ahead and take a look at the common reasons for brain injuries as well as why they are categorized as Catastrophic Injuries, severe and dramatic. As we mentioned above, there are certain causes which are rather common when it comes to brain injuries. With this in mind, let’s go ahead and take a look.

Car accidents

Of course, car accidents lead the way when it comes to all sorts of injuries. This is due to the fact that there are way too many of them which tend to happen on a rather regular basis. Car accidents are dangerous and a lot of them lead to orthopedic, brain injuries and even to death.

Motorcycle accidents

Even though the biker is usually going to wear a protective helmet, that’s about as much protection as he gets. At high speed in the event of an accident the helmet is going to provide some protection but it’s definitely not going to be enough.

Slip & fall

This is another quite common cause for traumatic brain injuries. When you slip and fall you are most likely going to damage the back of your head, which is particularly dangerous. It’s important to be particularly careful because this could lead to some very serious consequences.

Consequences of Brain Injuries

One of the reasons for which the severity of the injuries is so definitive is because the brain is the organ which controls the functioning of our entire body. With this in mind, even the slightest alteration and impairment could lead to some potential devastating results. This is why brain injuries are so dangerous. The main damages that stem from brain injuries are pain and suffering as well as emotional turmoil and some straightforward claims for loss of wager and others of the kind. Furthermore, if the patient suffers from some permanent mental disorders as a result of the brain injury he is also entitled to a pension. Of course, the consequences of each accident and which are related to the brain injury are going to be particularly different and strongly individual. This is why you will need an expert and experienced personal injury lawyer for him to help you out in a situation of the kind. Brain injury cases are not easy to carry on and they require a lot of expertise. Usually, these lead to debilitating injuries or permanent disabilities. If you or a loved one has suffered TBI in any accident, they are eligible for higher compensation as continued rehabilitation, medical treatment and caregivers.

Types and Solutions for Slip and Fall Accidents

Slip and fall accidents are often, that goes without saying. However, there are a few different things that should be taken into consideration when it comes to it. For instance, the location of the accident is going to have a tremendous impact on the potential personal injury claim as it’s going to determine the defendant. This is the person that you are going to direct the claim towards in order to get the necessary compensation.

The most common case of slip and fall accident is during winter times when the walking conditions are particularly challenging. Walkways, regardless of how often they get cleaned, are going to get frozen and they provide real danger for slipping and falling. With this in mind, determining the entity to file your claim against is particularly important. If that’s the case, you should file your claim towards the municipality in which the accident has happened. This is due to the fact that it bears the responsibility of providing safe walking conditions for its citizens.

There are quite a lot of things that you’d have to take into account, however. Right off the bat, you are legally required to notify the municipality of your intentions to sue within 7 days after the accident. The municipality is then going to have 6 months in order to assess the case and provide you with compensation. If it doesn’t do that within the specified time period you would be given the chance of pursuing the matters to court. The terms are questionable as there is a significant difference between the defendant’s response term in case of it being a governmental entity or a regular civil one. In the latter case, the response term is only 2 months.

Occupier’s Liability Act

In any case, the other type of slip and fall claim that you can file is towards a regular civil body – owner of the premise that you felt on. In this case, the legal provision that you’d be taking into account to build your case is Occupier’s Liability Act. It contains clear provisions as to what can be constituted as a premise and who is the liable party.

However, it’s highly advisable that you take your case to a professional personal injury lawyer as there are a lot of potential underwater stones that might trip you over. Keep in mind that even though all of this might seem fairly straightforward, there are loads of procedural requirements that have to be taken into consideration. Failing to do so could result in a denied claim and no compensation for your injuries. In order not to gamble with it, it’s best if you turn to a professional.

Most of the injury lawyers have plenty of experience working with victims of slip and fall injuries. With plenty of lawyers offering their expert services, it is easy to find someone that you feel comfortable with.