Every month, individuals and companies pay premiums to their insurance providers as a way to have a safety net when unfortunate events happen. In personal injury cases, insurers compensate victims for damages and losses resulting from injuries sustained in accidents. This ensures that accident victims are financially protected and cared for as they recover.
Insurance companies play a significant role in personal injury cases, including car accidents, medical malpractice, premises liability, animal attacks, and slip and fall accidents. Depending on the type and level of insurance, injured persons can obtain varying compensation for damages suffered. However, obtaining the compensation you deserve can prove difficult because insurance companies often prioritize minimizing payouts and maximizing their bottom line. This is why it’s important to seek legal advice from an experienced personal injury lawyer, as they will help you understand and protect your rights.
In this article, we will explore the different types of insurance, what they cover, and how to navigate the complexities of dealing with insurance companies as you seek compensation.
Types of Insurance in Personal Injury Cases
There are several types of insurance in personal injury cases. Depending on how you sustained your injury, one or more forms of insurance may be involved in your case. Understanding the different types of insurance can help you navigate your case better and obtain maximum compensation.
· Liability Insurance
Liability insurance is a type of insurance that covers the insured party’s (individuals or entities) legal responsibility if their negligence causes injury or harm to another person. Liability insurance is available in auto insurance policies, premise liability and homeowner’s insurance. It protects individuals, businesses, and organizations from major financial losses when faced with personal injury claims.
For example, if a customer or visitor slips and falls on a property due to the owner’s negligence, the owner’s insurance may cover the expenses and losses suffered, including medical bills, lost wages, and more. Another example is when a driver’s carelessness causes a car accident resulting in injuries. The careless driver’s liability coverage can help cover damages incurred by the victim. Note that each liability policy has a limit, meaning that the damages that the insurance can cover are limited to a certain amount of money.
Liability insurance only applies when the negligent party is found liable for the accident and resulting injury. Therefore, working with an experienced personal injury attorney is important as they’ll help you collect evidence and build a case against the at-fault party.
· Health Insurance
Health or medical insurance is a type of insurance coverage that helps the policyholder cover their medical expenses. In personal injury, health insurance provides the benefits an injured person needs to receive proper medical care. The amount provided by health insurance depends on the terms of your policy and the circumstances under which you suffered the injury, i.e., was it your fault or due to another person’s negligence?
If you’re injured due to another person’s carelessness, it’s important to seek medical care for treatment and to document the injuries sustained. Your health insurance provider may cover some or all medical costs incurred during treatment and rehabilitation. If you receive a settlement or compensation from a personal injury lawsuit, your health insurance provider may ask to be reimbursed for the medical benefits they provided.
If you’re injured in an accident, it’s always good to seek compensation from all possible sources of insurance coverage. This ensures you recover the maximum compensation possible to cover all the expenses and losses resulting from your injury. Contact our Ontario personal injury lawyers for guidance through the complexities of health insurance policies and to help you obtain a fair settlement.
· Uninsured/ Underinsured Motorist Coverage (UM/UIM)
Uninsured/underinsured motor vehicle coverage is a type of auto insurance that provides benefits if you’re injured in an accident caused by an uninsured or underinsured driver. In other words, if the legally liable driver doesn’t have liability insurance or their limit is too low to compensate for the expenses and losses suffered, you can turn to your uninsured or underinsured coverage for compensation.
UM/UIM insurance covers not only the policyholder but also any passengers who may have been injured in the accident. As a passenger, you can claim these benefits from the insurance provider of the vehicle you were in or from your own insurance provider.
Uninsured/underinsured auto insurance is important in personal injury as it provides additional financial compensation to your statutory accident benefits and health insurance when there are no other insurance sources to pursue. Personal injury attorneys can help you explore all possible avenues to obtain benefits after an accident and ensure that the settlement offers are fair.
· Workers Compensation Insurance
In Canada, workers’ compensation insurance is referred to as WSIB coverage. It is a form of insurance that employers take for legal protection in case an employee suffers a workplace injury. The insurance provides the injured employee with benefits to cover medical bills, lost income, and other injury-related expenses and losses.
You can receive workers’ compensation benefits regardless of fault if you’re involved in an accident and sustain an injury while performing work-related duties. This means the injured employee doesn’t need to show that the employer was negligent in providing a safe working environment to get the necessary compensation. Note that the WSIB compensation has limits and can fail to cover all the damages.
If you’re looking to claim workers’ compensation benefits, working with an experienced Ontario personal injury lawyer is highly advisable. They’ll represent your interests to ensure that you obtain the benefits you deserve. Also, if you’re looking to file a personal injury lawsuit against the responsible party, they can help with all aspects of the process.
Navigating Insurance in Personal Injury Cases
Insurance is a vital part of personal injury law. Through your insurance company or other providers involved in your case, you can receive compensation for damages resulting from an injury. However, dealing with insurance companies and adjusters can be quite complex as their main interest is to minimize payouts as they are, when it comes down to it, for-profit businesses.
Insurance adjusters approach injured persons on behalf of insurance companies. Their objective is to reduce their insurance company’s liability by making the lowest settlement offer possible to the claimant. Since a claims adjuster represents an insurance company, they don’t have your best interest at heart. This is why it’s important for the injured party to seek legal advice when making a personal injury claim.
A personal injury attorney protects the rights of injured persons and represents their interests. They help you collect evidence to prove your case, including medical records, police reports, surveillance footage, witness statements and other material that strengthens your claim. They also help you navigate the complexities of personal injury laws and negotiate with insurance adjusters for fair compensation.
Contact Bergel Magence Personal Injury Lawyers today to schedule a free consultation with one of our experienced attorneys.
Conclusion
Understanding the role of insurance in personal injury cases is essential as such knowledge helps you more easily navigate your claim process. It’s also important to note that different types of insurance coverage can play a role in your particular personal injury case. One must explore all the insurance policies that can provide compensation to cover the damages resulting from your injury, as you want to ensure that all possible resources are accessed.
A personal injury lawyer can help you determine the insurance coverages that play a role in your case and help you establish a strong personal injury claim. A lawyer can easily and effectively navigate the intricacies of personal injury and insurance to ensure the best possible outcome.
Get in touch with our personal injury lawyers for a free assessment of your case or to inquire about our services. Call (416) 665-2000 or leave us a message online today.