The Role of Insurance Companies in Personal Injury Claims

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Model of the human skull, in a hospital, medical setting.


When you’re injured due to someone else’s negligence, you may find yourself dealing with insurance companies. Insurance plays a significant role in personal injury claims, as it often provides the financial compensation needed to cover medical bills, lost wages, and other damages. However, navigating the complex world of insurance claims can be challenging, and it’s crucial to understand the role insurance companies play in personal injury cases. As a personal injury attorney at David M. Kennedy Law, I’ll shed light on this critical aspect of your journey to justice.

The Primary Players

In most personal injury cases, there are two primary insurance companies involved: the defendant’s insurer and your own. The defendant’s insurer represents the party responsible for your injuries, while your own insurance company may come into play if the at-fault party is underinsured or uninsured, or if you have coverage that can be used for medical expenses, like MedPay or PIP.

Protecting Their Interests

Insurance companies, like any business, aim to protect their bottom line. This often means minimizing payouts to claimants. The primary way they do this is by investigating the claim thoroughly. This can involve speaking with both parties, gathering evidence, and even hiring experts to assess the extent of your injuries and damages.

Settlement Offers

Once the insurance company has assessed your claim, they may make a settlement offer. This is a crucial point in your case, as it determines whether you accept a negotiated amount or proceed to trial. Be cautious when considering settlement offers. Insurance companies often offer low initial settlements in the hopes that you’ll accept a quick payout and forgo pursuing a larger sum through legal means.

The Importance of Legal Representation

Given the insurance company’s goal of minimizing payouts, it’s essential to have a skilled personal injury attorney by your side. An attorney can help you understand the value of your claim, negotiate with the insurer on your behalf, and ensure that your rights and best interests are protected throughout the process. With an attorney advocating for you, you’re less likely to be pressured into accepting an unfair settlement.

Denied Claims

In some cases, insurance companies may deny your claim outright. They may argue that the accident wasn’t covered by the policy or that you were at fault for the incident. If your claim is denied, it doesn’t mean your case is over. You have the right to appeal the decision and, with legal representation, can present a stronger case to support your claim.

The Role of Adjusters

Insurance companies employ claims adjusters whose job is to assess the extent of your injuries and damages. Adjusters may contact you for statements and may even try to settle your claim directly. Keep in mind that adjusters work for the insurance company and are focused on protecting their interests. Be cautious when communicating with them and to consult with your attorney before making any statements or agreements.

The Role of Medical Records

Medical records play a significant role in personal injury claims. Insurance companies rely heavily on these records to determine the extent of your injuries and the necessary compensation. It’s vital to be honest and thorough when providing your medical history and information to healthcare providers. Any inconsistencies could be used against you by the insurer.

The Timeline of Your Claim

Insurance claims can take time to resolve. The insurer may need to conduct investigations, gather evidence, and negotiate with your attorney. As a result, it’s essential to be patient during this process. Rushing to accept a quick settlement may not be in your best interest, as it may not fully cover your long-term medical expenses and damages.

The Role of Uninsured/Underinsured Motorist Coverage

If the at-fault party is uninsured or underinsured, your own insurance policy may come into play through uninsured/underinsured motorist coverage. This coverage can provide compensation for your injuries and damages when the responsible party lacks adequate insurance. It’s essential to understand your policy’s terms and conditions, as well as any coverage limits, to ensure you receive the compensation you deserve.


Insurance companies play a significant role in personal injury claims, and understanding their tactics and motivations is crucial for a successful outcome. Remember that their primary goal is to protect their financial interests, which often means minimizing payouts to claimants. To level the playing field and protect your rights, seek the guidance of an experienced personal injury attorney like those at David M. Kennedy Law. With the right legal representation, you can navigate the complexities of insurance claims, negotiate for fair compensation, and ultimately achieve the justice you deserve. Your well-being and financial security should be your top priorities, and a skilled attorney can help you secure both.

Call (903) 819-0720 or click here to email our law office.

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David M. Kennedy

David M. Kennedy has over 30 years experience representing individuals and businesses in matters of civil litigation, especially personal injury and wrongful death. He is licensed in Texas, Oklahoma and Colorado.


Contact Us

Call Us 903-819-0720

Law Office of David M. Kennedy, P.C.

320 N. Travis St., Suite 207
Sherman, TX 75090

Email: Click Here

Map and Directions

Contact Us

Call Us 903-819-0720

Law Office of David M. Kennedy, P.C.

320 N. Travis St., Suite 207
Sherman, TX 75090

Email: Click Here

Map and Directions

Practice Areas