When dealing with an accident caused by the actions or negligence of another party, any claims that the injured victim files should be against the insurance policy of the responsible party. The responsible party would have to pay whatever the deductible is for their insurance coverage to kick in and cover the remaining amount of the injured party's claim.
Filing Against a Business Entity's Insurance Policy
Some premises liability claims will involve injuries sustained at a property that is not a residence. It is possible to file a personal injury claim against an entity's property insurance policy the same way that an injured person could pursue a claim against an individual homeowner's insurance policy. A skilled personal injury attorney from the legal team at West Coast Trial Lawyers will be able to help you ensure that you are filing a personal injury claim against the appropriate entity. Failure to file a claim against the correct insurance policy could result in long delays in your case and could even prevent you from recovering for the injuries that you sustained altogether.
Deadlines to File Personal Injury Claims Against the Responsible Party's Insurance Policy
One of the most important things that you can do after being injured on another person's property is to take immediate action in preserving your rights to file a claim. If you delay in speaking with an attorney or putting the property owner on notice that you are going to file a claim against their homeowners' insurance policy, you could unfortunately jeopardize your ability to pursue the claim.
One of the critical reasons why accident victims should speak with a personal injury lawyer as soon as possible after they are injured is that an attorney can ensure that you do not miss any important deadlines in filing your claim. If you do not file your claim timely, you could be out of luck with respect to recovering any damages for the injuries that you suffered as a result of someone else's negligence.
One tactic that some insurance companies try against unrepresented injured parties in these types of cases is dragging out the settlement discussions so that the filing deadline to get a lawsuit on record has passed. The insurance company then does not have the fear of having to sort out these issues in court and may even shut down all negotiations about settling your injury claim.
While it is possible to settle your claim for an acceptable amount without ever having to go to court or file a lawsuit, a competent personal injury attorney will be able to review all of the details of your case and make sure that you still have the option to bring a lawsuit if necessary. This prevents you from losing leverage over the insurance company and will result in more productive settlement negotiations from the outset.