In the U.S., insurance companies investigate car accidents by assigning an insurance adjuster to collect evidence that helps to demonstrate what happened, who was potentially at fault, and what damages may be covered.
This will usually include speaking to witnesses, reviewing police reports, and examining medical records and vehicle damage reports. However, many insurance companies may also try to look for ways to minimize payouts, using specific tactics to shift blame and question the severity of your injuries.
At Sweet James, our car accident lawyers know exactly how insurers approach these types of claims and are trained to challenge any unfair tactics so that you get the right settlement for your situation.
What Evidence Do Insurance Companies Look at After a Car Accident?
When insurance companies investigate car accidents, they always look at the available evidence to help piece together what happened and who may be at fault. This may include:
- Police reports: Insurers may request the notes or reports made by local law enforcement, like the Los Angeles Police Department, or specialized statewide entities, like the California Highway Patrol (CHP).
- Driver and passenger statements: Once the accident has been reported, the insurance adjuster will ask for statements from all parties involved, including drivers and passengers.
- Photographs: This may include images of the car accident scene, vehicle damage, and your injuries.
- Witness statements: Getting the independent testimonies of any witnesses can help to establish fault
- Video footage: Anything from surveillance cameras, traffic cameras, and dashcams may be used to assess your accident.
- Vehicle inspections: Investigators are also likely to evaluate the damage caused to each vehicle, looking at repair notes and mechanical failures.
- Medical records: To understand the full extent of your injuries, insurers will ask for your medical notes, medication, GP records, etc.
Insurers are often incredibly thorough in their investigations. However, they can sometimes scrutinize it in a way that aims to minimize payouts, which is why you should work with a lawyer from Sweet James. We can conduct our own independent investigation into your accident.
Ways Insurance Adjusters May Try to Reduce Your Claim
There are a range of tactics insurance adjusters have been known to use in order to reduce personal injury claims. This may include:
Quick Offers
Soon after the car accident, you may receive an offer from the insurance company. And while you may be tempted to accept in hopes of getting everything settled quickly, it could leave you with less than you deserve.
Early settlements rarely reflect the full value of your losses, and you generally cannot seek additional compensation later down the line. If your condition worsens, you may end up with significant medical bills and other expenses that aren’t covered by your settlement.
Disputing Fault
Fault can play a role in determining the amount of compensation you receive after a car accident. For example, California follows pure comparative negligence rules, which means multiple parties can be held liable for an accident, but your share of blame may have a direct impact on the amount of damages you can recover.
As such, insurers may try to dispute fault and shift more of the blame onto you as a way to reduce a payout.
Challenging Your Injuries
Some insurance adjusters may question the extent of your injuries. They might try to suggest that certain injuries were pre-existing, unrelated to the accident, or not as serious as you claim. They may also point to gaps in your medical treatment to argue that your injuries don’t justify the compensation you’re seeking.
How a Car Accident Attorney Tackles Insurance Company Tactics
When faced with unfair insurance company tactics, having a car accident attorney on your side can make a big difference to your claim. By handling all communications with the insurers, a lawyer will challenge any attempts to undervalue your claim and use the evidence they’ve gathered to make sure your settlement accurately reflects your damages.
At Sweet James, our founding attorney James Bergener previously represented insurance carriers, giving him insight into how insurers evaluate and defend personal injury claims. As such, our team has the experience and knowledge needed to anticipate insurers’ strategies and build a strong case on your behalf.
How Insurance Companies Investigate Car Accidents FAQs
Here we answer all the most common questions we’ve been asked about how insurance companies investigate car accidents.
What Should You Avoid Saying to an Insurance Company?
If you’ve been in a car accident, you should avoid discussing fault with the insurance company. Never apologize or downplay your injuries, and don’t speculate or guess about the details of the crash.
Instead, keep conversations factual and as brief as possible, allowing your car accident attorney from Sweet James to handle all conversations and negotiations on your behalf.
How Long Do You Have to File a Car Accident Claim?
According to California’s statute of limitations, CCP 335.1, you usually have two years from the date of your injury to file a personal injury claim and three years to file for property damage. However, there may be exceptions to this statute, and other states may have different deadlines.
Speak to Sweet James to learn more about the statute of limitations in your state. We’ll help make sure you never miss a deadline.
How Long Does a Car Accident Investigation Take?
Car accident investigations can take anywhere from a few weeks to a year, depending on the situation. Simple cases where liability is clear and your injuries are minor tend to take less time than more complicated cases that involve disputes and multiple parties.
Having a car accident lawyer in your corner can help to speed things along, as they will handle the entire process from start to finish. That includes evidence gathering, filing your claim, and negotiating with insurers.
Get Help with Your Car Accident Claim From Sweet James
By understanding how insurance companies investigate car accidents, you can better prepare for your compensation claim, avoiding simple mistakes that could potentially jeopardize your recovery.
The team at Sweet James recently recovered a $17,476,817 jury verdict for two clients injured in a Hanford, CA, car accident case. So you know we’re ready to pursue financial justice to the very end and even take your case to trial if needed.
Our attorneys will conduct their own investigation and negotiate aggressively with the insurance company, giving you the representation you need. Book a free consultation to learn more about our services.
