The COVID-19 Pandemic Was Disruptive
When we first learned of the coronavirus in late 2019, none of us could have imagined the impact it would have on our lives. Nearly every American citizen and industry had been impacted by this rampant and deadly virus. California was under a stay-at-home order issued by Governor Newsom on March 19, 2020. Many businesses closed, and even essential ones had limited operating hours.
While those disruptions caused concerns about delays in processing personal injury claims, many insurance companies have been able to return to normal operations. Under California law, insurance companies are legally obligated to process and pay claims in a timely manner. They cannot withhold or delay payment without a valid reason and must comply with applicable regulations to protect consumersโ rights.
If you are injured in an accident, your claim will be handled according to Californiaโs established laws and industry standards without undue delay. Because there is a deadline to file claims, it is crucial to act promptly and understand your rights and options.
Working with a California personal injury lawyer can help you navigate the claims process and pursue compensation for your injuries. Even as the world moves forward, the legal protections and procedures related to personal injury claims remain in effect.
California Insurance Commissioner Directs Companies To Continue To Pay Claims
On March 18, 2020, California Insurance Commissioner Ricardo Lara issued a notice to insurance companies, adjusters, and other interested parties. This notice reminds the insurance industry that it is subject to both legal and commercial requirements, which also include deadlines. Commissioner Lara is aware of the problems caused by COVID-19. This consists of a reduction in resources and staff to:
- Perform required onsite inspections or audits.
- Adjust and pay claims.
- Process underwriting documents.
- Conduct other mandatory insurance transactions.
He instructed the insurance industry to take steps to process and pay claims, and to provide other required services. While the stay-at-home orders and pandemic conditions placed significant strain on the insurance industry at the time, the directive underscored that compliance with legal deadlines and consumer protections must continue despite these challenges.
Even after the COVID-19 pandemic, the California insurance industry is expected to continue maintaining these standards and fulfilling its obligations to policyholders and claimants. The Commissionerโs message remains a key reminder that insurers must process claims diligently and uphold the rights of consumers, regardless of external circumstances.
Claims Must Be Processed Promptly, And Insurers May Be Legally Required To Pay
Under California law, if your personal injury claim is valid, insurance companies are required to process and pay without unnecessary delay. While processing times can sometimes vary, insurers cannot unjustifiably withhold or delay payments. They are legally required to resolve claims within a reasonable timeframe and provide compensation to injured claimants.
Itโs crucial to be aware of Californiaโs statute of limitations for personal injury cases. Typically, you have two years from the date of your injury to file a claim. If the injury was not immediately discovered, you have one year from the date it was or should have reasonably been discovered. Although certain exceptions exist, these deadlines are strictly enforced, so postponing your claim could risk losing your right to compensation.
Taking timely action is essential. Consulting a knowledgeable California personal injury attorney early in the process can help you understand your rights, gather necessary evidence, and navigate the claims process. With professional legal guidance, you may be better positioned to pursue fair compensation for your injuries and losses.
Can I Still Contact An Injury Attorney If Iโve Already Started A Claim On My Own?
Yes, you can still work with a California personal injury attorney even if youโve already filed a claim. Insurance policies and claims can involve complex details, and navigating them without professional guidance may be challenging. Directly negotiating with insurance companies can sometimes be confusing, given the specialized language and procedures they use.
A California personal injury attorney can help by explaining your options and clarifying laws and policies in simple terms. They can manage communication with insurers, gather necessary evidence, and advocate on your behalf. Additionally, they can review settlement offers and work to pursue fair compensation for your injuries and related losses.
While legal representation does not guarantee a particular outcome, having an experienced attorney can make the process easier to navigate and help you make informed decisions.
If Youโve Been Injured, Call A California Personal Injury Attorney
Whether you were involved in a car accident, bitten by a dog, fell on a cracked walkway at a park, or injured by a defective product, Arash Law is here to help. We handle a wide range of personal injury cases, including motor vehicle accidents, slip-and-fall injuries, pedestrian accidents, product liability cases, workersโ compensation, wrongful death claims, and more.
Our personal injury lawyers provide legal representation and guidance throughout the claims process. We offer flexible options for consultations, including phone and virtual meetings, to accommodate your needs and keep the process convenient and accessible.
Understanding The Personal Injury Settlement Process
If you are pursuing a personal injury claim, it can be helpful to understand how the settlement process generally works. A personal injury attorney can guide you through each step and help explain what to expect.
Settlement negotiations usually involve a series of offers and counteroffers between your attorney and the insurance adjuster. The process can sometimes be straightforward, requiring only a few communications, while other cases may involve more detailed discussions.
Here is a typical overview of how settlement negotiations proceed:
- You or your attorney submits a written demand letter requesting compensation, often starting with a higher amount.
- The insurance adjuster identifies issues with your claim. For example, there are questions about who was at fault, or whether your current physical therapy is not needed.
- You respond to their arguments.
- The adjuster makes a lower counteroffer to evaluate your willingness to settle.
- You consider the offer and may reply with a counter-demand, typically lower than your initial request.
- The insurance adjuster may increase its offer.
- You either accept that amount or make another counter-demand.
- If you counteroffer, the process starts again with the insurance adjuster making another offer.
During negotiations, the adjuster may question and dispute certain facts to try to minimize the amount they offer. These points can include:
- Coverage: Does your insurance policy cover your type of accident?
- Liability: Who caused your accident? Are you in part to blame?
- The Extent of Your Injuries: Was your injury disabling, or did it have a long-term effect, such as scarring or disfigurement?
- The Type and Extent of Your Medical Care: Were your treatments and therapies medically necessary? Did you have pre-existing conditions that made your post-accident condition worse?
A California personal injury lawyer plays a critical role in responding to these challenges by gathering evidence, explaining your rights, and advocating for your interests throughout the negotiation. If a fair settlement cannot be reached, your attorney may advise you on the option of filing a lawsuit. While many cases resolve before trial, some may ultimately be decided by a jury.
Call An Experienced California Personal Injury Lawyer
When you hire a personal injury attorney from Arash Law, they will work to handle your claim with diligence and attention. Your attorney can do the negotiating on your behalf in an attempt to settle out of court. You do not have to speak directly to the adjuster or attorneys for the insurance company.
If you have already filed a claim or are thinking about filing one, our personal injury attorneys can help and guide you through the process. Call Arash Law at (888) 488-1391 or fill out our online form for a free initial case consultation.
Our firm also has a team of car accident lawyers who handle auto accident claims for victims across California, including in San Francisco, Riverside, San Jose, San Diego, Sacramento, and Sherman Oaks.
