Although approximately 95% of personal injury claims end up being settled by negotiation, about 5% of cases go to trial. Chances are that your case will be settled outside of court, but there is a chance the insurance company will not be willing to settle.
Below are the main reasons why insurance companies will choose not to settle a personal injury case:
Pre-Existing Conditions
Any injury that was present before the accident can be considered a pre-existing condition. A previous injury may impact the possibility of reaching a negotiated settlement.
For example, say you had a foot injury several years ago and received medical treatment for it and the injury completely healed. Then, after the accident you begin to feel pain in your foot again. The at-fault party’s insurance company may argue that your foot pain is because of a past injury and because of this, they don’t have to pay.
In a case like this, it may be necessary to take the case to court to recover compensation.
Lack Of Evidence
If there is no proof that the insurance company’s policyholder is at-fault in the accident, then they have no reason to make a settlement offer. Lack of, or insufficient evidence is one of the main reasons insurance companies won’t offer a settlement.
Lack of evidence can be related both to whether or not their policyholder is to blame, or whether or not there is sufficient evidence that the victim was actually injured.
The insurance company will want to see concrete evidence that their policyholder is at-fault. This could include photos of the accident scene, witness testimony, or surveillance camera footage. The insurance adjuster will also want to consult with medical doctors to verify the injuries sustained by the victim.
If the insurance adjuster feels that the victim is exaggerating or lying about the extent of their injury, they may decide not to offer a settlement.
Lack Of Insurance Coverage
The at-fault party must have been insured with a valid insurance policy at the time of the accident in order for the insurance company to be responsible for compensating the victim. If a policy lapsed before the accident occured this means that the driver was not insured. In this case, the insurance company is not liable to compensate the victim.
Unrealistic Compensation Expectation
It’s also possible for a case not to be settled because of the victim, not the insurance company. For example, if the victim believes their claim is worth more than it actually is and doesn’t accept the insurance company’s settlement offer because they expect more compensation, this may result in the case having to go to court.
Of course it’s important to fight for a fair amount of compensation, but it’s also important to be realistic when it comes to the amount of compensation expected. An experienced personal injury lawyer will be able to estimate the value of your case.
Talk to an attorney and ask how much compensation you can realistically expect from your case.
Contact A Personal Injury Attorney Today
If you or your loved one has suffered an injury due to someone else’s fault, be sure to work with a qualified personal injury lawyer right away so you and your loved ones can get the justice and monetary compensation you deserve.
Contact The Law Offices of Michael A. Rabban at (818) 272-8882 today for your free consultation.
