Missouri Auto Insurance Claim: How does it work?
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The entire process is summed up in one word: documentation! An experienced personal injury lawyer will make sure the documentation reviewed by the insurance adjuster will be credible and fully justify the money sought for settlement.
Whether you handle the claim yourself or by hiring a lawyer, the insurance company is only going to pay based upon what documentation is in their file. Documentation is the insurance companies' way of saying "prove it." An injured person teamed with an experienced personal injury attorney then must begin the process of "proving" the claim.
First, to document the other driver's fault (their insured driver's fault), you'll need documents such as: police & highway patrol accident reports, photo's of the scene & cars, statements from witnesses, etc.
Second, to document your money loss, you'll need documents such as: certified medical bills, certified medical records, employment/income records for lost wages, etc.
Once all documentation is provided, the claimant asks the insurance company to pay based upon what documentation has been provided. This is done through a statement of Demand for Payment. If the insurance adjuster fairly responds the case may be settled at this stage.
After weeks of review, the insurance company responds with a specific Offer of Settlement. Then the claimant responds with either an acceptance or, almost always, a counter Demand for Payment--additional documentation can be supplied by the claimant at any time.
The insurance adjuster will usually increase the offer to the point where they declare a final offer, but if an offer is never accepted by the claimant, then a lawsuit is the only way to resolve the conflict. While the initial claims process often comes before a lawsuit is filed, not always. Many times, a lawsuit is filed with our prior negotiations.
With a lawsuit, the documentation takes the form of pleadings, discovery responses, depositions, trial exhibits, and trial testimony.
