Insurance and Your Personal Injury Claim

You’ve been in an accident that caused a major injury, and now you realize you need to file a claim to recover from the financial hit. If you’ve never made a personal injury claim before, you might be a little intimidated by the process. However, getting compensation can aid your recovery significantly — as long as you take the right steps and handle insurance properly with the legal assistance of a personal injury lawyer, such as from Johnston Martineau, LLP. Here’s how insurance works with claims, and the tricks you might expect to see during the process and how to avoid them.


The first major part of filing a claim depends on who was at fault for causing the accident that created your injuries. This will determine whose insurance you file with and how to go about collecting evidence of your case. If you were stopped at a stoplight and another driver rear-ended you, causing whiplash, then the other driver is responsible for your injuries. In this case, you would file with their insurance. However, if you were the one who did the rear-ending, and you got injured in the accident, you have to file with your own insurance (and the other driver will also file with your insurance).

Insurance Rates

Unfortunately, there can be penalties with your insurance for causing an accident and injuries. Your premiums may rise substantially if you were at fault for the accident. After all, your insurance is going to have to compensate the damages to you and anyone else involved, and they want some of their money back. If you are not at fault, you’ll want to be sure to prove your case. It isn’t unusual for any insurance agency to try to throw the fault back on the innocent person so that they don’t have to pay compensation.

Claims Adjusters

A claims adjuster is the insurance agent who talks to you about the accident and injury. They may talk to everyone involved in the accident. If you are claiming their driver was at fault, discussing the situation with them can be very stressful because they are likely looking for any reason you might have been at fault, too.

When talking to an adjuster, it is best to stick to the facts. Never tell an adjuster about the state of your injuries, for if more appear in the future, they can claim that you didn’t mention those injuries previously and therefore insurance doesn’t have to compensate you for them.

Despite existing to help you when an accident occurs, insurance can be very challenging to deal with. You need to provide airtight evidence of your innocence and the other person’s fault. This can be difficult if you aren’t sure what to look for or keep track of, so contact a lawyer to get advice on what to do.