Finding out that the other driver has the same insurance company as you can raise concerns after a serious crash. You may wonder how one insurer can review both claims fairly.
If you suffered severe injuries in a car accident, learning how the insurer handles each side can help you protect your claim and question a decision that seems unfair. The insurer usually starts that process by opening a separate case for each driver, even though it issued both policies.
The company may open separate files and assign different adjusters. Even so, having one insurer can affect how the claims proceed. Here is what might happen next.
Separate adjusters may handle the claims
One adjuster usually reviews your claim, while another handles the other driver’s claim. Each may study the crash report, photos, vehicle damage, witness accounts and statements. The company can also evaluate the applicable policy, available evidence and each driver’s possible responsibility.
This division may allow each side to receive an individual review. However, it does not guarantee an independent assessment or an acceptable settlement offer.
Your personal injury protection (PIP) coverage can pay medical expenses first
In New Jersey, personal injury protection generally covers your accident-related medical expenses, regardless of who caused the collision. Since PIP has limits, claims for pain and suffering or losses beyond your PIP coverage require a separate liability analysis.
Your eligibility can also depend on the lawsuit option in the applicable policy and the nature of your injury. For example, a permanent injury may meet a requirement that a temporary injury would not.
The company may divide fault between both drivers
The insurer can assign responsibility to each person. Its adjusters may consider statements, traffic rules, road design and any action that could have prevented the impact.
Under the state’s comparative negligence rule, you can recover from the other driver if your fault does not exceed that driver’s share. Based on that assessment, the insurer may reduce payment by your percentage of fault. If it values your losses at $100,000 and assigns you 20% of the fault, it may offer $80,000.
A disagreement may lead to further negotiations or a lawsuit
The process can slow if accounts conflict, evidence remains missing or the other driver fails to cooperate. For the third-party property-damage process described by the state, the insurer must provide a written explanation if settlement takes longer than 45 days. If you dispute the result, you may ask a court to resolve contested facts.
How you can protect your claim
Keep medical records, wage statements, crash photos and adjuster messages. Ask which file each request concerns, and review any release before signing it.
Legal guidance can help you understand how those documents, your policy and the assigned fault could affect your compensation. It may also challenge unsupported conclusions and meet filing deadlines while you focus on recovery.