Suffering an injury in any type of accident is stressful. Whether you miss one day at work or are unable to return, you need to pay the bills and provide for your family. One way to do this is by filing a claim against the responsible party’s insurance company. It is important to note that you should never speak with an insurance adjuster about your claim, especially if they try to settle with you, without the help of a Fort Lauderdale personal injury attorney.
So, who pays my claim for an accident in Ft. Lauderdale?
The quickest answer is that it’s the insurance company who pays your claim. The individual named on the claim is not paying you compensation out of their own pocket. This is the whole reason for having insurance. Whether it’s for a car accident, premises liability accident, dog bite, or any other type of personal injury claim; the insurance company will be responsible for writing the check issued to you.
You should know that when you file a claim against a policyholder, you are really filing it against the policyholder’s insurance company. The at-fault party against whom you filed the claim will not be paying out of their own pocket. Instead, their insurance company will review the claim and offer you a settlement. If the settlement is not to your liking, you can deny it and file a lawsuit against the policyholder.
When a lawsuit is filed against the policyholder, you again are not seeking compensation from their own pocket. You are filing the lawsuit to get their insurance company to go to court. The insurance company will send their lawyers to court for the trial, or negotiate a stronger settlement offer to avoid reaching the trial phase.
When the claim is finally settled, you will be issued a check for the agreed upon amount. The check will be made payable to you, but will be written by the insurance company and not the policyholder. The same goes for a claim filed against a company for an injury or other type of loss. The company won’t issue the check. Instead, the check will be paid by the insurance company.
Your own insurance company might pay a portion of a claim
When injured in a car accident, there’s the possibility that your own insurance company might pay a portion of your medical bills. If your auto insurance policy has personal injury protection (PIP), your insurance provider will pay a portion of your medical bills based on the PIP coverage you have with the policy.
Keeping in line with car accidents, if you are injured by a driver who does not have auto insurance or doesn’t have enough coverage, your uninsured/underinsured motorist coverage will kick in following a crash. This type of coverage can help pay for your medical bills when injured in a car accident with a driver who is uninsured or underinsured. This type of coverage is not required in Florida, but drivers can still add it to their automotive policies if they so choose.
What happens if the at-fault party doesn’t have enough insurance?
In some personal injury cases, the at-fault party might not have enough insurance coverage to pay your claim in its entirety. When this happens, you have the option of using an umbrella policy to collect the excess compensation not covered by the traditional insurance policy. For the most part, an umbrella policy will automatically go into effect to cover damages that exceed the limits of the liability policy.
Attempt to collect directly from the at-fault party
While this is more difficult than it might seem, you can always try to collect directly from the at-fault party if their insurance does not cover your claim in its entirety. Whether they have insurance or not, you can file a negligence claim in court to prove their fault in the accident and recover damages to complete your claim.
File a personal injury claim against multiple parties
Depending on the circumstances of the accident that left you injured, there might be multiple at-fault parties involved. It is important to consult with a Fort Lauderdale personal injury attorney if there were multiple parties deemed to be at fault for the accident that caused your injuries. Filing a personal injury lawsuit against multiple parties can ensure that multiple insurance policies are used to pay for your claim and cover your damages.
If you were injured in a car accident, bitten by a dog, or injured in a premises liability accident, you deserve to be compensated for your injuries. The Fort Lauderdale personal injury attorneys at the Yeboah Law Group will collect evidence and build a case to help you recover compensation. The individual responsible for your injuries will not write you a check when you file a claim. Their insurance company handles all of the payouts to claimants. Call our office at 1-800-TELL-SAM, or complete our contact form to schedule a consultation today. We have offices in Miami, Fort Lauderdale, Boca Raton, and Key West.