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How will the insurance company evaluate my San Diego car accident claim?

July 30th, 2020

this is a photo of a stamp stating "claim denied." There are six of them. And they are in five colors. Black, green, blue, pink, and maroon.
san diego car accident lawyer pre-existing injuries

By Omid Rejali, Esq.

Insurance companies use a system to evaluate claims. This system is based on the data that is inputed into it. Once the data is inputed into the system it give the insurance adjuster claim evaluator a range of which what your case may be worth.

Here are some factors that the system takes into account:

  1. The extent of the injuries (whether they are life long such as if you have been limited to a wheelchair or if you have had a broken bone).

  2. The type of injury (Spinal injuries vs. Brain injury).

  3. Past settlements

  4. Attorney handling the claim and the firms reputation on going to trial (this is an important factor***

  5. Loss wages

  6. Medical bills

  7. The venue where the incident took place (San Diego versus Los Angles)

  8. Did you receive treatment right away

  9. Your age

  10. Any previous claims

  11. Prior similar injuries to the same body part as you are claiming injury to in this claim

  12. Their insured potential exposure should the case go to trial

These are only some of the factors that go into how the insurance company adjusters evaluate your case. As you can see there are many variables. Amongst the one's that we see being argued most of the time by insurance company representatives to not pay full value for your claim are: 1) your injury was pre-existing and 2) you did not seek treatment for your injury right away.

Of course both of these arguments are bogus arguments. The facts that your injury is pre-existing although relevant is not a deal breaker. This is because even if you had a pre-existing injury and that injury got worse as a result of the current San Diego car accident, then you would still be entitled to recover damages for the harms you suffered.

There are many reasons why a you may not have sought treatment for your injuries right away. It could be that you did not have health insurance and you did not want to have to pay out of pocket; or initially you thought that the pain would go away on its own, but unfortunately it did not and so you chose to go to the doctor.

These are some of the factors insurance companies take into account to evaluate you San Diego car accident case. It is never a good idea to try to settle your case with the insurance company on your own. I am happy to evaluate your case and give you my opinion. If you need to talk to me, you can reach me by texting 619-485-6313 or calling 619-887-4148 or by filling out our form here and I will get back with you.

Thank you for reading my blog. I hope this was helpful to you.

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