Dealing with Your Insurer after an Accident

Under the law in California, all private passenger vehicles have minimum liability insurance requirement. To wit, under the California Insurance Code Section 11580.1b imposes a:

• $15,000 minimum for injury/death to one person
• $30,000 minimum for injury/death to more than one person
• $5,000 minimum for property damage

But when you get involved in a car accident, simply having insurance may not be enough. You’ll also have to learn how to deal with an insurance adjuster when filing a claim. Here’s a guide on dealing with your insurer after an accident:

• The insurance company of a person who is liable for an accident must pay the following:


• Medical care and other related expenses
• Lost income because of time spent unable to work or for treatment of injuries
• Non-economic damages such as pain and suffering, depression, stress
• Permanent physical disability or disfigurement
• Loss of family, social, and educational experiences
• Property damage


• But of course, don’t expect that just because a person incurred the above-mentioned injuries or losses, that it will be all compensated. You’d have to go through claim negotiations with an insurance adjuster who is the representative of the insurance company. Beware however, adjusters will usually put out a low offer on the first attempt. If you want to receive a better offer of compensation, just decline the first offer and tell them you are not ready to settle.


• To estimate how much you’ll be compensated, the insurance company usually applies damages formula. It is computed in this manner: first, insurance adjuster adds up the total medical expenses related to the injury (medical special damages). This is used as base for how much an injured person shall be paid for non-economic losses such as pain and suffering. Second, if the injuries are minor, this base amount shall be multiplied by 1.5 or 2 – if the injuries are more grievous or long-lasting, it can be multiplied by up to 5 times the amount of special damages, or even 10 in extreme cases. Third, any income or wage lost because of the accident shall then be added.


• However, claims can be reduced, depending on the extent of your fault. Insurance adjusters may reduce the offer or payment by as much as 75 percent if you were mostly at fault for the car accident.

Dealing with your insurer is not easy, you can expect them to want to pay you as low as possible or even deny your claim in the worst case scenario. In instances such as that, a Los Angeles car accident attorney can help you get the rightful claim you deserve.