The defendant’s insurer will examine the accident after you have been injured in an accident and have filed an insurance claim or a personal injury lawsuit. For example, if you were injured in a car accident, the other driver’s insurance company will look into your claim. If you were hurt at a store, the store’s liability insurance would investigate what happened. When the other party is an uninsured individual, they may employ an attorney to conduct an investigation.
The Accident Investigation of the Opposing Party
During a personal injury inquiry, you can anticipate the insurer’s adjuster or the defendant’s attorney to do the following:
- Obtaining a copy of the accident report from the police or another source
- I’m requesting a formal statement on the event from you.
- Using the statements of additional witnesses
- Obtaining accident photos or video footage
- Getting hold of any physical evidence that may have been left over from the accident
- Having copies of your medical records made available to you
- Expert witnesses should be retained.
The specific procedures to take will be determined by the type and severity of the accident. A simple slip and fall case may not necessitate the use of an accident reconstructionist, whereas a multi-vehicle collision may.
During an investigation, you should have legal representation.
The insurance company hunts for the truth during the initial investigation, but also tries to find a means to deny its client’s liability. The insurance company representing the other party is not on your side and is not looking out for your best interests. This is why working with an expert personal injury lawyer as soon as possible after an accident is critical. To ensure that your rights are protected and that someone is looking out for you.
You will be required to make a formal statement to the opposite party. You should wait until you’ve spoken with an attorney before proceeding. It matters what you say and how you say it. A simple slip of the tongue could backfire on you. You understand how to convey the truth in the best way for your case if you prepare your statement with an attorney first.
Insurers often have a practice of requesting more documentation than they require in the hopes of uncovering facts that may justify a claim denial. An insurer, for example, may want to collect your whole medical history. If there is any evidence in your medical records that suggests you had one of your current conditions or injuries prior to the accident, it could be used to dismiss your claim or pay you less compensation. Things get even more complicated when you try to prove a workers’ comepnsation claim. In this case, a workers compensation lawyer will defend your rights and ensure that the insurance adjuster does not invade your privacy.
You are entitled to a thorough investigation.
You do not have to wait for the other party’s insurance company to investigate and make a decision. You have the right to consult with a knowledgeable personal injury lawyer who can undertake an impartial inquiry on your behalf. This is significant because it may reveal facts in your favor that the insurance company was unaware of or paid only a cursory consideration to. It also allows you and your attorney to obtain a better understanding of the facts, allowing you and your attorney to properly challenge the opposing party’s arguments. While the defendant’s insurance isn’t looking out for you, your lawyer will work hard to gather evidence to support your claim.