The Role of Insurance Companies in Car Accident Litigation

All states require car owners to obtain what is known as comprehensive general liability (or “CGL”) insurance. This insurance ensures that car crash victims will have access to at least some compensation in a settlement or verdict against a driver causing injury.

The terms of the insurance policy require the insurer to do two things: defend the insured (the car owner) against any claims concerning accidents, and pay, up to the policy limits, for any damages caused by their insured driver. This first duty is referred to as the “duty to defend,” and the second duty is referred to as the “duty to pay.”

When a car crash occurs and litigation is threatened or initiated, the insurance company of the driver alleged to be at fault will then assume the defense of the lawsuit on behalf of their insured driver.  Usually, a claims adjuster or another person at the insurance company will take control and make decisions on behalf of the insured defendant driver for most matters. The insurance company will also retain defense counsel.

What Does the Insurance Company for the Responsible Driver Want?

The insurance company for the driver responsible for your accident will first and foremost want to minimize their liability. In this regard, they may dispute the evidence regarding accident causation, blame you or others for causing the accident, or seek to delay the litigation process and possible settlement.

Insurance companies have internal protocols regarding defense and settlement of car accident cases. Usually, these protocols concern matters such as establishing liability (how clear the plaintiff’s case is) and damages (how severely was the plaintiff injured, and whether such injuries are expected to be permanent).

Before making a meaningful settlement, proof regarding liability and damage matters must be presented to the insurance company in such a way that such evidence will likely be overwhelmingly in favor of the plaintiff if a trial ensues.

Common Insurance Company Tactics to Minimize Your Payout

Even though insurance exists to compensate injured victims, insurers are profit-driven businesses. It’s not uncommon for them to use various tactics to limit their liability and protect their bottom line, including:

• Delaying claim responses to frustrate injured parties into settling quickly.
  
• Requesting excessive documentation not relevant to your injuries.
  
• Blaming you for the accident (partially or fully) to reduce the payout.
  
• Disputing the severity of your injuries using third-party medical reviews.
  
• Pressuring you into a quick settlement before your condition fully develops.
  

Understanding these tactics can help you stay vigilant. It’s why having legal counsel speak directly with the insurance company is strongly advised.

Will the Plaintiff’s Attorney Take the Case to Trial (and What is the Attorney’s Trial Record)?

All lawyers have different records in terms of the percentage of cases that they take to trial and their success rate at trial. Insurance companies are typically aware of these statistics when evaluating the plaintiff’s counsel. The more likely it is that an attorney will proceed to trial, and the higher their success rate, the more inclined an insurance company may be to offer a higher settlement in order to avoid litigation and the potential of a significant jury verdict.

Why Trial-Readiness Influences Settlement Offers

Insurers assess the risk of going to court. Not just the facts of your case. If the plaintiff’s attorney is known for settling quickly, the insurer may offer less. But if your attorney has a reputation for being willing and able to go to trial  and win, the insurer is more likely to make a reasonable offer to avoid that risk. This is why choosing a trial-experienced attorney like Mark Hurt can drastically impact the value of your settlement, even if your case never sees the courtroom.

Proven Record of Success in Car Accident Litigation

The legal team The Mark Hurt Law Firm brings decades of experience to car accident litigation. With a deep understanding of the level of proof insurance companies require to initiate serious settlement negotiations, the firm builds strong cases that clearly establish liability and demonstrate the full extent of a client’s damages.

From the moment an injured individual retains the firm, their attorneys work tenaciously to identify all potentially liable parties and pursue compensation from each based on their degree of responsibility. With over 30 years of legal practice and a history of recovering millions of dollars in verdicts and settlements, Mark Hurt and his team are well-equipped to advocate for injured clients both at the negotiating table and in the courtroom.

What Insurance Adjusters Look for When Valuing Your Claim

Insurance companies don’t just tally up medical bills. When evaluating your claim, adjusters may consider:

• Severity and type of injury (e.g., fractures vs. soft tissue injuries)
  
• Recovery time and long-term prognosis
  
• Lost income and diminished earning potential
  
• Medical records and whether they clearly connect injuries to the crash
  
• Statements you’ve made (even on social media)
  
• Whether the injured party followed all medical advice
  

Presenting your case in a clear, comprehensive way, and avoiding self-sabotaging mistakes, can be critical.

When Insurance Isn’t Enough: Exploring Additional Avenues for Compensation

Sometimes, the at-fault driver’s insurance policy doesn’t fully cover your losses, especially in cases involving serious injuries or multiple victims. When this happens, your attorney may pursue additional recovery options, including:

• Underinsured Motorist (UIM) coverage from your own policy
  
• Third-party liability, such as auto part manufacturers or commercial employers
  
• Umbrella policies that provide extended coverage
  
• Personal assets of the negligent driver (rare, but sometimes necessary)
  

An experienced attorney will evaluate all these potential avenues to help maximize your compensation.

Let Us Help You. Schedule a Free Consultation Today

If you’ve been involved in a car accident and are now facing the complexities of dealing with an insurance company, you don’t have to go through it alone. Let me help you. I invite you to contact my office to schedule a free, no-obligation consultation. During this meeting, we’ll discuss your situation, evaluate the strength of your claim, and explore your legal options moving forward.

At Mark Hurt Law Firm, we are committed to providing compassionate, results-driven representation. You will not owe any legal fees during the course of litigation. We operate on a contingency fee basis, which means you only pay us if and when we successfully recover compensation on your behalf. If there’s no recovery, you owe us nothing.

Client Review

“Mark took over my car accident case from another attorney that I fired. Mark worked hard on the case for several months to get ready for trial. Shortly before trial he got a settlement that was six times more than the offer my first lawyer tried to get me to take.“

Jerry C.

CLICK HERE to view our case results.