As you work with your Washington, D.C., personal injury lawyer, you may have heard them refer to the other party’s (the defendant’s) insurance company. Why? Isn’t the defendant, the one who caused your harm and injuries, the one who should be paying for it?
Usually, no. In most cases, the defendant’s insurance company will be responsible for paying the claim, and that carrier is your lawyer’s main opponent. Whether it’s a homeowner’s insurance carrier, commercial, or vehicle, insurance companies all have one thing in common: They hate paying large settlements. In fact, insurance carriers and their representatives, insurance adjusters, have many tricks up their sleeves to reduce the amount of your claim, or even outright deny it. Your D.C. personal injury lawyer’s job is to spot these tricks and protect you from them.
The primary role of an insurance company in a personal injury case is paying a fair value for your claim, but many times, your lawyer’s idea of fair and theirs vary widely.
Insurance Companies May Pin The Accident On You
Let’s look at a couple of examples of how an insurance carrier may attempt to get out of paying a claim filed by the plaintiff:
Washington, D.C., is a “no-fault” municipality for car accident claims. This means that both parties involved will file claims with their respective insurance companies unless the victim’s injuries exceed the value of their Personal Insurance Protection (PIP), are permanently scarring or disabling, or leave the victim with partial or total impairment for more than 180 days. If either of those situations apply to you, then you have the right to file a lawsuit.
The insurance adjuster may ask you for a “statement”—your side of how the accident occurred. What they’re really looking for is evidence that your injuries aren’t as extensive as you claim or that you were primarily responsible for the wreck. Establishing either of these means they could avoid paying your claim.
Or, perhaps you slipped and fell at your local Harris Teeter. The store is covered by a commercial liability insurance policy, and that carrier should pay for any medical care, lost wages, or property damage you suffered. Its representative may claim that you were careless with your own safety, citing anything from how fast you were walking to the shoes on your feet (high heels or flip-flops that could make a tumble more likely) as evidence that you were partly or mostly responsible for your fall.
Your lawyer must build a claim of negligence against the store (perhaps the floor was wet with spilled milk, and the store manager didn’t have someone clean it up or place a wet floor sign indicating a recently mopped area). But your lawyer must also make a case demonstrating that you were taking care of your own safety and, therefore, entitled to compensation for damages.
How Can My Attorney Fight Insurance Companies?
At Cohen & Cohen, we have decades of combined experience litigating all types of personal injury claims and frequently negotiate with insurance companies. We’re familiar with the tactics they use to make our clients look reckless or careless, and we know how to use evidence and the fine points of D.C. law to combat them. We offer a free consultation with a Washington, D.C., personal injury lawyer, so please call us first before talking to an insurance company.
