What Is The Role Of Insurance In Personal Injury Claims?

what is the role of insurance in personal injury claim?

If you experience an accident that results in serious personal injury, through no fault of your own, you naturally expect that insurance will step in to cover the expenses and other damages you incur. While this is certainly the ideal result, the insurance process can unfortunately be complex in many cases.

Dealing with the insurance company is a burden you should not have to worry about when you are focusing on recovery after an accident, so it is important to have someone on your side who fully understands the role of insurance in a personal injury claim. Our team at Cellino Law can provide the guidance and support you need during this difficult time.

Providing Compensation After an Accident

To put it in the most simple terms possible, the role of insurance is to provide compensation to those who suffer injury, property damage and other forms of damages through no fault of their own in an accident. When it comes to personal injury cases, the main use of insurance is to cover the cost of medical bills so that you can focus on healing with minimal disruption to your daily life and finances.

Other damages that insurance should cover in a personal injury case include lost wages, loss of incoming earning potential and any pain and suffering you experience both near-term and long-term. Where insurance can become complicated, though, is in the fact that you bear the burden of filing a claim and proving that you suffered those damages as a result of an accident caused by the other party’s negligence. Your legal team can be a significant boon in ensuring that the process goes smoothly with minimal stress placed on you as you recover.

Filing an Insurance Claim

The first step toward securing compensation through insurance is to file a claim with the relevant insurer. In the case of a car accident, for example, you would file a claim with the other driver’s auto insurance company. 

It is often a good idea to involve a personal injury attorney in your case, even at this early stage of the process. Your lawyer can ensure that you fill out your claim correctly and accurately and that you avoid providing any unnecessary information that might negatively affect the amount of compensation you receive through your claim. An attorney can even directly handle the process of completing the necessary forms on your behalf and submitting the claim for you, minimizing your exposure to the insurance company and ensuring that your legal team acts as a buffer between you and the other party’s insurer every step of the way. 

Investigating the Accident

When the insurance company receives a report of an accident, not to mention a personal injury claim from the other driver, insurance investigators set about reviewing the circumstances of the accident and evaluating all available evidence. Based on this, the insurance company determines how much compensation they intend to offer you.

When you work with a personal injury attorney, they will conduct their own independent investigation into your accident. Your legal team will review the accident and evidence on their own terms, retrieve police reports and interview any witnesses. The right lawyer will also compile medical records, repair receipts and other relevant documents to help you understand the full extent of your damages and how much compensation you should expect from the insurance company. This investigation is important for ensuring that you can negotiate with insurers on an even playing field and that they cannot take advantage of you.

Making a Settlement Offer

When the insurance company is ready to provide compensation to you for you damages, they do so in the form of a monetary settlement offer. The power lies entirely with you to decide whether or not to accept the offer made by the insurance provider. Keep in mind that in some cases, insurers might rush to make an offer before you have a chance to fully grasp your damages and the worth of your claim. 

When you receive a settlement offer, the prevailing question is whether or not you should accept it. Be wary of the initial offer, as the insurance company might try to lowball you or urge you to quickly accept a settlement before you have time to think it through. Make sure that the provided amount is enough to adequately cover your medical expenses, lost wages and other damages.

If the first settlement offer given to you by the insurance company is not satisfactory, you have the option to present a counteroffer or pursue further negotiations with evidence on your side. If the insurer refuses to offer a favorable amount of compensation, or if they deny your claim altogether, taking the matter to court is also an option. If a judge rules in favor of your case, the insurance company must pay the amount of compensation mandated by the court.

Negotiating With Your Legal Team

Negotiation constitutes much of the insurance process in a personal injury claim. Unless the insurance company offers a very generous settlement amount right away, you will likely pursue negotiations in an effort to secure the full amount of compensation you deserve. Working with a personal injury attorney is of the utmost importance in the negotiation phase, as they can represent you in these discussions from start to finish.

It is important to acknowledge that personal injury law, as well as insurance law, are complex practice areas. Insurance representatives thrive in these complexities, so it can be all too easy for them to bend policies in their favor and take advantage of your emotional state while you are recovering from an accident. Having a legal team on your side that is just as well-versed in these types of negotiations can make all the difference in leveling the playing field. 

Bringing Your Attorney Into the Process

In addition to representing you in negotiations, a personal injury attorney can provide vital assistance regarding a number of tasks surrounding the insurance aspects of a claim. The role of insurance is inseparable from the other parts of a personal injury claim, but it can also be overwhelming to handle alone.

The personal injury attorneys at Cellino Law can help you by:

  • Collecting evidence that will strengthen your case
  • Handling paperwork and other administrative tasks
  • Evaluating your damages so you know how much compensation to expect
  • Advocating for you in talks with the insurance company and other lawyers
  • Representing you in court if necessary

It is never too early to involve an attorney with your personal injury claim, even before insurance becomes a factor. Contacting your lawyer as soon as possible after an accident ensures that you have calm and practiced guidance at every step, as well as guarantees that you will file your claim correctly and accurately.

Contact a Personal Injury Attorney Who Understands Insurance

Achieving a favorable outcome in a personal injury case requires understanding the role of the law as well as the role of insurance. The legal and bureaucratic aspects of a personal injury claim can be too much to wrap your head around in a short amount of time, especially when you are focusing on making a recovery from your injuries. Contact Cellino Law by calling (888) 888-8888 or reach out online to learn more about what we can do for you.



Free Case Review



  • It was a great pleasure working with you on my lawsuit. You certainly gave 150% of your time and interest in settling my case and for that, I am extremely grateful. Therefore, I want to thank you very much for helping me win my settlement and wish you the very best.


  • My experience during the time of negotiations was extremely positive. Josh Sandberg handled my lawsuit with the utmost integrity. He returned all my phone calls in a timely manner and answered all my questions. Josh made things less stressful. I would highly recommend Josh and the entire staff at Cellino Law.


  • I am so grateful for your expertise, patience, and perseverance which resulted with such a successful settlement regarding my car accident. I also want to let you know how impressed I was with you and your firm and I won't hesitate to recommend you to anyone who needs assistance from an accident. I truly appreciated your care and professionalism. Thank you again for your kindness and support


  • I really appreciated your determination and efforts on handling my case. You have done an outstanding job, and I am very satisfied with the outcome of the settlement. Thank you so so much John.


  • Choosing the right attorney to represent you after an accident can make all the difference. This is no cliche. I recently experienced these words to live by first hand. After a tractor trailer rear ended me at high speed in 2017 I retained Allan Silverstein to handle my case. I quickly realized that bringing a lawsuit rapidly snowballs into a mountain of details that can make or break your results. Documents, case histories, doctor visits, bills, and lots of phone calls all need to be accurately kept track of if a successful outcome it to be attained. To complicate matters I reside in New York and the incident took place in New Jersey. Luckily, Allan was licensed in multiple states. I was fortunate to find Allan to handle this matter from the New York area. Armed with an accurate account of the facts Allan went to work on the difficult job of negotiating with the defending insurance company as well as my no fault carrier in order to obtain the best possible outcome for my set of circumstances. In a lawsuit communication is key and and events can be of a timely nature. Allan never failed to return my calls - usually the same day! He fought skillfully and respectfully to get me the best possible settlement. He is easy to deal with and a likeable down to earth guy. He always listened with compassion and respect to my issues. He guided me with objective understanding as well as a realistic analysis of the merits of my case. When we finally settled Allan got me a fair agreement beyond my expectations and negotiated with my doctors to make sure all my bills were paid. It was a great experience having Allan represent me. Quality work in any aspect of life is hard to find. Quality is what I got with Allan Silverstein. I highly recommend him if you find yourself in need of a personal injury attorney.


  • Cellino Law is an amazing firm with a great team. I worked with Greg Pajak and his assistant, Tracey Falconer. I cannot express enough how dedicated they are. The personal attention I received was excellent; they were always available to help with questions and concerns and put me at ease in the unknown territory I found myself in. I highly recommend them to anyone needing representation. A huge thank you to them for all they accomplished for me!