Dealing with the consequences of a car accident is overwhelming. If you’ve been injured due to someone else’s negligence, you may already be grappling with medical bills, lost income, and physical or emotional trauma.
To make matters worse, the insurance company—the entity that should compensate for your damages—may seem more interested in protecting its bottom line than offering a fair settlement.
Managing this process on your own often leads to frustration, undervalued claims, and unjust outcomes. That’s why working with a personal injury lawyer makes all the difference. With over 50 years of experience, The Rothenberg Law Firm LLP has fought insurance companies to recover billions in compensation for our clients.
We understand the complexities of insurance negotiations and are ready to protect your rights and pursue the justice you deserve.
Why You Shouldn’t Fight the Insurance Company Alone
Insurance companies are not on your side. While adjusters may appear cooperative or compassionate, their primary goal is to minimize payouts. Attempting to handle your claim without legal representation can leave you vulnerable to tactics designed to undervalue your claim or deny it altogether.
Common Insurance Company Tactics
Insurance companies often employ strategies to limit their liability and reduce the compensation they pay:
- Quick Settlement Offers: Insurers may rush to offer a settlement that seems tempting but is far less than your case is worth. These offers often fail to account for future medical expenses or non-economic damages like pain and suffering.
- Disputing Liability: Insurers may argue that their policyholder wasn’t at fault or that you share blame for the accident to reduce their payout.
- Delaying Claims: Prolonging the claims process can pressure injured victims into accepting lower settlements out of financial necessity.
- Requesting Extensive Documentation: Adjusters may demand unnecessary or burdensome evidence to stall or discourage your claim.
With an experienced car accident lawyer on your side, you won’t have to deal with these tactics alone. A lawyer will handle all communication with the insurer and fight for the compensation you truly deserve.
Insurance Bad Faith Claims
Insurance companies have a legal obligation to act in good faith when handling claims, meaning they must treat policyholders fairly and honor valid claims. Unfortunately, some insurers engage in bad faith practices to protect their profits, such as misrepresenting policy terms, delaying the claims process unnecessarily, or wrongfully denying legitimate claims. These tactics can leave accident victims without the financial support they need during a critical time.
A lawyer experienced in insurance bad faith claims can hold insurers accountable for such misconduct. They will thoroughly investigate the insurer’s actions, gather evidence of bad faith practices, and pursue legal action if necessary.
This could involve demanding compensation for the original claim and additional damages caused by the insurer’s bad faith. By taking a strong stance, a lawyer ensures you are treated fairly and helps secure the compensation you rightfully deserve.
How a Lawyer Strengthens Your Claim
Hiring a car accident attorney signals to the insurance company that you’re serious about your claim. An experienced lawyer understands how to build a strong case, negotiate effectively, and take the matter to court if necessary. This legal representation often encourages insurers to offer fair settlements rather than risk a courtroom battle.
Encouraging Fair Settlements
Insurance companies know that when they face a skilled lawyer, they’re dealing with someone who knows the laws, understands the value of a claim, and won’t back down. Your attorney will:
- Assess the full extent of your damages, including future medical needs and long-term impacts.
- Present compelling evidence to support your claim.
- Negotiate aggressively to counter lowball offers.
If the insurer refuses to provide fair compensation, The Rothenberg Law Firm is prepared to take your case to trial. Our history of securing billions in compensation demonstrates our readiness to fight for justice.
Types of Damages Your Attorney May Pursue
After a car accident, you may be entitled to various types of compensation, depending on the circumstances of your case. With the help of a car accident lawyer, you can pursue damages for:
- Medical Expenses: This includes hospital bills, surgeries, medication, physical therapy, and any future medical needs.
- Lost Income: If your injuries prevent you from working, you can seek compensation for lost wages and diminished earning capacity.
- Pain and Suffering: Non-economic damages address the physical and emotional toll of your injuries.
- Property Damage: This covers repairs or replacement of your vehicle and other personal property.
- Wrongful Death: If a loved one passes away due to a car accident, you may be eligible to pursue damages for funeral expenses, loss of companionship, and financial support.
A lawyer will ensure that every type of damage is thoroughly documented and included in your claim.
Establishing Liability in a Car Accident Claim
Proving liability is one of the most critical aspects of a car accident claim. A personal injury attorney will investigate your case to determine who was responsible and gather evidence to support your claim.
Who Can Be Held Liable?
Liability isn’t always straightforward. Depending on the details of your case, multiple parties could bear responsibility, including:
- Other Drivers: Negligence like speeding, distracted driving, or DUI often leads to car accidents.
- Employers: If the at-fault driver was on the job, their employer might share liability.
- Vehicle Manufacturers: Defective car parts or safety systems can contribute to accidents.
- Government Entities: Poor road design or maintenance could implicate a city or state agency.
What If You’re Partly to Blame?
Even if you share some responsibility for the accident, you may still be eligible for compensation. Many states follow comparative negligence laws, allowing injured victims to recover damages based on their fault. An attorney will ensure that any fault assigned to you is minimized and doesn’t unfairly reduce your compensation.
Can a Lawyer Help with Uninsured or Underinsured Motorist Claims?
Car accidents are stressful under any circumstances, but they can be even more overwhelming when the at-fault driver doesn’t have insurance or has insufficient coverage to compensate you for your losses. Fortunately, many auto insurance policies include uninsured motorist (UM) or underinsured motorist (UIM) coverage to protect drivers in these situations. However, navigating these claims can be complex, and insurance companies may still try to limit what they pay.
A car accident lawyer can be an invaluable advocate in uninsured or underinsured motorist cases, ensuring you receive the compensation you deserve. Your lawyer will analyze your auto insurance policy to understand the specific terms and limits of your UM/UIM coverage. This ensures that your claim is filed correctly and that you pursue all available compensation.
The Importance of Hiring a Lawyer Who Understands State Laws
Car accident claims are governed by a mix of state-specific laws, which can influence how your case proceeds. These laws may address:
- Fault vs. No-Fault Rules: Some states require victims to file claims with their own insurer under no-fault laws, while others allow claims directly against the at-fault driver.
- Statute of Limitations: Each state imposes deadlines for filing personal injury claims, which can range from one to several years.
- Caps on Damages: Certain states limit the amount of compensation you can receive for non-economic damages.
The Rothenberg Law Firm has extensive experience handling cases across New York, New Jersey, Pennsylvania, and beyond. Our attorneys will navigate the specific laws that apply to your case to ensure compliance and maximize your recovery.
What Happens If the Insurance Company Denies My Claim?
Facing an insurance claim denial after a car accident can feel like a devastating setback, especially when you’re dealing with injuries, mounting medical bills, and lost wages. It’s natural to feel frustrated and unsure of your next steps.
However, claim denial isn’t the end of the road. With the help of our experienced car accident lawyers, you can challenge the insurance company’s decision and work toward securing the compensation you deserve.
Why Do Insurance Companies Deny Claims?
Insurance companies are for-profit businesses whose goal is to minimize payouts wherever possible. Denying a claim can be one of their tactics to save money, even when the denial is not entirely justified. In addition to the insurance company tactics we talked about earlier, common reasons for claim denials include:
- Coverage Issues: The insurance company might assert that the policy doesn’t cover the accident, either due to exclusions, lapsed coverage, or failure to meet specific policy terms.
- Failure to Report the Accident in a Timely Manner: Some policies require accidents to be reported within a certain time frame. Delays can give the insurer a reason to deny the claim.
- Pre-Existing Conditions: Insurers might allege that your injuries were not caused by the accident but were instead pre-existing or unrelated to the incident.
- Suspicion of Fraud: If the insurer believes the damages were misrepresented or exaggerated, it may reject the claim outright.
Why a Claim Denial Isn’t the End
Receiving a claim denial can be disheartening, but it’s important to know that it doesn’t mean your case is over. Insurance companies rely on victims to give up after a denial, but with the right legal team, you can challenge their decision and fight for fair compensation.
An attorney brings the resources, experience, and determination to take on large insurance companies and level the playing field. With a lawyer advocating for you, you can focus on your recovery while knowing that your case is in capable hands.
How a Lawyer Helps with Your Insurance Claim
Whether your insurance claim progresses as expected or faces a denial, having a car accident lawyer on your side can significantly improve your chances of a favorable outcome. Lawyers are adept at handling the claims process from start to finish, using their knowledge and resources to advocate for your best interests. Here’s how they can help in both scenarios:
Managing the Claims Process
From the moment you file a claim, your lawyer can take the lead in ensuring it proceeds smoothly. This includes:
- Reviewing your insurance policy to understand the coverage and limits.
- Communicating directly with the insurance adjuster to prevent missteps or miscommunications.
- Gathering and presenting evidence, such as police reports, medical records, photos of the accident, and witness statements, to build a strong case.
Addressing Claim Denials
If your claim is denied, a lawyer can step in to challenge the insurer’s decision and work toward reversing it. This involves:
- Investigating the Denial: Your lawyer will thoroughly examine the denial letter, your policy terms, and the insurer’s reasoning. They’ll determine if the denial was legitimate or unjustified, paving the way for a strong counterargument.
- Building a Strong Case: To support your claim, a lawyer will collect critical evidence, such as:
- Accident scene photos
- Repair estimates and property damage records
- Medical documentation of your injuries
- Statements from witnesses or experts, like accident reconstruction specialists
Negotiating with the Insurer
Lawyers are skilled negotiators who know how to counter lowball offers or bad-faith tactics. By presenting compelling evidence and emphasizing the strength of your case, they can push insurers to provide fair compensation.
Filing a Bad Faith Claim
If the insurer acted in bad faith—through unnecessary delays, misrepresentation, or unwarranted denial—your lawyer can take legal action to hold them accountable. This may include seeking damages beyond the original claim amount.
Pursuing Litigation When Necessary
When negotiations fail, your lawyer can file a personal injury lawsuit against the insurance company and prepare your case for trial. The willingness to litigate often prompts insurers to reconsider and offer a fair settlement. If the case proceeds to court, your lawyer will present your case with confidence and precision, fighting for the compensation you deserve.
By working with a lawyer, you can navigate the claims process more effectively and protect your rights at every step, whether your claim progresses smoothly or requires challenging a denial. With legal support, you’ll have a strong advocate working tirelessly to secure the best possible outcome.
Contact The Rothenberg Law Firm For Help with a Car Accident Claim
Don’t let the insurance company undervalue your claim. For over 50 years, The Rothenberg Law Firm has fought against insurance companies to secure billions in compensation for our clients. Our team understands insurers’ tactics to deny claims and has the tools to overcome those challenges.
After consulting with one of our experienced attorneys, you can confidently report your accident and know that your legal rights are protected. Whether through negotiation or litigation, we are committed to holding insurance companies accountable and fighting for the justice you deserve.
If your insurance claim has been denied, don’t give up. The Rothenberg Law Firm is here to fight for your rights. Call us today for a free consultation and take the first step toward justice. Call us at 800-624-8888 or contact us online to get started.
