When you’ve been injured, either in a motor vehicle accident or had a slip-and-fall, there’s a chance that you need a personal injury lawyer. Some people will think it’s too expensive to hire a lawyer or that in some cases, their services aren’t needed.
But because every case is different and Ontario law is complicated, a lawyer can more effectively evaluate your situation, work with your insurance carrier on your behalf, and help you to acquire the compensation you deserve. Lawyers can also help you to get the right support.
DWA LAW’s insurance claim lawyers in Hamilton can answer all of your questions, including, “Do I need a lawyer for an insurance claim?”
How Can I Settle an Insurance Claim without a Lawyer?
After you’ve been in an accident, there are a few steps you should take to see whether or not you need an insurance dispute lawyer:
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Evaluate Damages
Damages refer to the physical damage to your vehicle and person. But they also include incurred expenses. Make a list and calculate expenses since the accident. Some common ones are car repairs, medical fees, and income lost from being absent at work. Remember that your physical condition could prevent you from returning to work. In which case, you can add future expenses to your list.
However, it’s a tricky process because you need to think of every possible expense to receive the largest settlement you’re allowed. There are many intricacies A good tactic is to over-demand and prepare to negotiate the settlement. Prior to negotiations, you must speak with your insurer.
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Contact the Insurance Adjuster
Get the details about what they intend to cover after you submit your insurance claim. They will review the car damages and medical expenses related to the accident. They will provide you with a payment calculation that they believe is fair, but this is seldom enough at the beginning. It’s up to you to negotiate with the insurance adjuster. This means that you must take emotions out of the equation. Remaining level-headed will make listening to them easier, so you can identify any issues with their assessment.
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Write a Demand Letter
With the insurance company’s assessment in mind, write a demand letter that explains why their settlement amount is too low. You should also explain why you require a higher amount. This is your chance to provide details and facts about your injuries and losses.
In the case of a car accident, it’s essential to include why you believe the other driver is responsible for additional expenses, as well as why their insurer should pay you what you deserve. Be sure to include the police reports and any relevant photos and videos that demonstrate the other driver’s liability.
Bear in mind that a demand letter isn’t a guarantee that the settlement will change, but every bit helps. It acts as a sign that you’re not going to take what the other driver’s insurance company says lightly and are prepared to fight.
After you submit your letter, you should receive a counter-offer. It’s your decision to accept or reject it and continue negotiations. By accepting the settlement, you put an end to the matter and can focus on other things. If you choose to keep negotiating, this is where you may need to go to court.
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Perform Due Diligence
Research the costs of bringing a case to court. Consider administrative fees and the potential loss of income since you will have to miss work to attend the hearing. Look into types of settlements of cases similar to yours, so you can better understand the options available to you. Being over-prepared is your best strategy. Bear in mind that losing the case means you must pay the other driver’s lawyer fees.
For your benefit, an out-of-court settlement is often the best way to go. This entails meeting with the other driver’s lawyer and negotiating with them to reach an agreement. This time-saving method is preferred since it also saves money and you won’t need to hire an insurance claim lawyer in Guelph. -
Wait for the Verdict
Following the hearing, the judge will make their decision. You may end up getting a higher amount of money than the proposed settlement form the insurance company. On the other hand, the judge may rule in their favour, stating that the original settlement is fair.
An insurance dispute, whether it’s for a car accident or not, can be a headache for people not familiar with Ontario law. When speaking with an insurance company or any representatives, it’s important to be careful about what you say regarding your health and injuries. They can take what you say and use it against you later on, which could result in disastrous consequences, including a denial of your claim, your accident benefits, and a fair compensation.
What Happens When You Work with an Insurance Company?
Generally, people in Ontario don’t encounter any issues when they recover insurance benefits because their insurance company works in good faith. But there are times when insurance companies have a different opinion on the matter and deny your claim. This can lead to financial losses of a significant amount.
Bad Faith Claim
When you have an insurance claim that should be paid out according to your insurance policy, and it was denied, this can be categorized as a “bad faith” claim. If you find your insurance company has been unfair in how they have handled your claim, this can also be called a “bad faith” claim. In these types of cases, insurance companies can be guilty of violating the insurance policy and not being faithful to their responsibility and obligations to you.
In alleging bad faith, you will need evidence to support your claims. This involves:
- Proof of the violations and unfair treatment by the insurance company
- Proof of the insurance company’s responsibility to work with you in good faith
Identifying insurance bad faith is not easy and requires a trained individual to review the facts of the case. It’s essential that you hire the services of experienced bad faith lawyers because your chances of successfully acquiring your disability benefits (if you need them) and the true value of your compensation dramatically increase. Handling insurance disputes is one of DWA LAW’s many specialities.
Should I Get a Personal Injury Lawyer for My Insurance Claim?
Liability isn’t always clear and a denial from your insurance company is a hassle to deal with when you’re recovering from an accident. With any personal injury case, an insurance dispute lawyer can remove a large amount of stress from the situation while having the knowledge and energy to defend your rights.
When you visit our firm, an insurance lawyer will review the circumstances of your case and advise you on the next steps. We encourage our clients to ask questions and our team provides them with all of the information and resources they need. We’re happy to help clients in Hamilton, Guelph, Toronto, and other areas of Ontario.
Schedule a free consultation with a Wynperle insurance claim lawyer in Ontario today!
