Tahlequah Attorney BlogThe Mechanics Of a Personal Injury Insurance Claim In Tahlequah, Oklahoma

personal injury insurance claimFor most people, the personal injury insurance claim process is confusing. For most in fact, only the accident itself is more bewildering that the claims process that follows.

Read here to learn how insurance claims work in an Tahlequah, Oklahoma personal injury case, including the most commonly disputed issues and the main factors that will determine the outcome of your insurance claim.

Making a Personal Injury Insurance Claim 

Insurance claims usually start with you or your attorney notifying the person who is responsible for your injuries, and their insurance company, that you intend to file a claim. This can sometimes help to get your claim settled quickly.

You must then take time to do the following:

  1. Gather the evidence needed to prove that the other party is liable  for the accident in which you were injured;
  2. Have your injuries thoroughly evaluated and get a full doctor’s prognosis;
  3. Determine a value for your injury claim; and
  4. Write  a demand letter to send to the responsible party’s insurance company.

Once you have accomplished these four tasks you will be ready to begin negotiating to settle your personal injury insurance claim.

Negotiating With an Insurance Company in Tahlequah, Oklahoma

Settling an insurance claim is a lot like negotiating a deal with a used car dealer. Both sides have a good idea of what your claim is worth.

You know how much you are willing to accept and the insurance company knows how much (or how little) they want to pay. But, neither of you truly knows the what the other is thinking.

So to arrive at a figure that is acceptable to both sides,  you enter into a process of “back and forth”, which typically goes as follows:

  • You make a formal demand for a figure that is higher than your lowest acceptable offer.
  • The insurance company will then question both their liability to pay as well as the amount of your medical bills and/or damage to your property damage..
  • You provide evidence in support of your demand.
  • The insurance company counters with a really low offer and tries to settle the claim quickly, so as not to incur any further expenses.
  • You counter with a demand that is less than your first demand but higher than your lowest acceptable offer.
  • The insurance company increases their offer.
  • You then choose to either accept this offer or counter again.

…. and so on and so forth until you have reached a settlement with the insurance company or choose to file a lawsuit.

Commonly Disputed Issues in an Tahlequah, Oklahoma Personal Injury Claim

The most commonly disputed issues in a Tahlequah, Oklahoma personal injury claim are:

  1. Whether the policy actually covers the accident.
  2. Who was actually at fault for the accident and to what degree?
  3. The nature of your injuries – how bad you were injured, as well as, if your injuries will be permanent or long lasting and if you had any pre-existing conditions at the time of the accident.
  4. The amount of medical treatment you have had, if it was needed and what treatment you will need in the future.

The Main Factors that Determine the Outcome of an Tahlequah, Oklahoma Personal Injury Claim

The main factors that will determine the outcome of your insurance claim are as follows:

  1. The extent to which you can prove that the insurance company is liable;
  2. How well you document your injuries and property damage;
  3. How much you are demanding in compensation; and
  4. How patient you are to settle your claim.

Free Consultation

For a free consultation with a Tahlequah personal injury lawyer call the Wirth Law Office – Tahlequah at  (918) 458-2677 or toll Free at(888) 447-7262.

Or, if you prefer e-mail, you may enter a legal question in the form at the top right of this page and we’ll reach you by e-mail as soon as possible.

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