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By Joseph Dell
Managing Partner

If you’ve been hurt in an accident, there is a good chance that you will hear from the at-fault party’s insurance company at some point. While a major part of the insurer’s job is to pay compensation, the company also plays other important parts in your personal injury claim. Not understanding what the insurer does can potentially jeopardize your claim.

Before communicating with the insurance company, it is strongly advised that you speak with a knowledgeable Long Island personal injury attorney. The compassionate advocates of Dell & Dean PLLC are here to help you receive the compensation that you deserve for your injuries.

Investigating Your Accident

After an accident, the insurance company’s adjuster or investigator assigned to the matter will investigate to determine whether their policyholder was at fault and how much compensation to offer. This is a standard role that the insurer plays, since they have a duty to protect their policyholders from fraudulent claims and ensure they do not pay more than the claim is worth.

However, it’s important to bear in mind that at no point in this process is the insurance company looking out for your interests. Ultimately, the insurer is a for-profit corporation that wants to protect (at a minimum) its own bottom line. This is why you need a Long Island personal injury lawyer who will conduct their own investigation and make sure the insurer is not taking advantage of you.

Paying Your Claim (Or Not)

The insurance company does pay accident victims for their claims, and this is likely the role with which most individuals are familiar. Assuming that the Long Island policyholder was at fault for your accident, you may receive payment for such losses as:

  • Medical bills
  • Lost wages
  • Lost earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Property damage

However, just because the insurance company should pay for these losses does not mean it will. Insurance companies will do what they can to underpay or even deny your claim, regardless of how serious your injuries are or how negligent the at-fault party was. This is why you need experienced legal counsel representing you.

How No-Fault Insurance Works in Long Island

New York is in the minority of states that have a no-fault insurance system. For example, an automobile accident victim should expect the following:

  • Losses paid without consideration of fault: Your own insurance company should cover your medical bills and lost income up to the policy limits, no matter who caused the crash.
  • Pain and suffering coverage in certain cases: You can generally file a claim against an at-fault driver’s insurance policy for pain and suffering provided that your injuries are severe enough.
  • Quick payment and case closure: No-fault insurance is intended specifically to help insurers close claims quickly by resolving them expeditiously.

But as to the last point, this efficiency primarily benefits the insurance company, not you. The insurer does not want you to think your claim is worth more than they say it is and is hoping you will accept their offer and move on. Before you do, get a second opinion from an attorney.

Negotiating and Making a Settlement Offer

Many Long Island accident victims make the mistake of accepting the first offer that the insurance company makes, believing that it’s the most amount of money they will get and wanting to move on from the incident as quickly as they can. But when you retain an attorney, the insurance company is much more likely to negotiate with you in good faith.

Most insurance negotiations take place during mediation, a process by which a neutral third-party mediator will facilitate productive discussions among the parties, lawyers, and insurers. During negotiations, either in mediation or otherwise, the insurer will probably make you a settlement offer. Your lawyer should review this and represent you in all dealings with the insurance company.

Representing Your Best Interests After an Accident

No matter how sympathetic the insurer may sound, the company is looking out for its own interests. Who is looking out for yours? Connect today with Dell & Dean PLLC to claim the compensation you need from the insurance company.

About the Author
Joseph G. Dell, the firm’s Managing Partner, is regarded as one of New York State’s top trial lawyers and a zealous advocate of those injured through the negligence of others. Having founded the firm in 1994 with the singular goal of leveling the playing field for those injured, Mr. Dell has worked tirelessly for his clients since its inception. In addition to meeting with clients on a daily basis and trying cases, Mr. Dell is a frequent lecturer at Law School and Bar Associations on cases of significant importance in the fields of negligence and medical malpractice. If you have any questions regarding this article, you can contact Mr. Dell here.