How Insurance Companies Evaluate the Value of a Claim
May 16, 2024
Filing an insurance claim is often one of the first steps you should take following an accident or injury. An insurance claim asserts your right to compensation for your losses, allowing you to rebuild, recover, and move forward. However, understanding what your claim is potentially worth is equally important.
The exact value of your claim will depend on the specific circumstances of your accident or injury and the steps your insurance company takes to ultimately decide its value. Often, different insurance companies follow similar procedures and target similar key elements when evaluating a claim.
With the help of The Stutzman Law Firm, PLLC, understanding how insurance companies evaluate claims allows you to make more informed decisions, advocate for a fair settlement, and make sure you are adequately compensated for your losses. Located in Flowood, Mississippi, the firm serves clients throughout Brandon, Clinton, Pearl, Richland, and Rankin County.
What Constitutes an Insurance Claim?
An insurance claim is a formal request made by a policyholder to their insurance company for coverage or compensation for a specific loss or policy event. To constitute filing an insurance claim, the event prompting the claim must be covered under the policyholder's insurance agreement, such as a car accident, theft, property damage, or personal injury.
Filing a claim initiates a review process by the insurance company to determine whether the claim is valid and, if so, the amount of payment the insured is entitled to receive. The policyholder must notify their insurance company about the event and provide all necessary documentation and evidence so the insurance company can accurately evaluate the claim and determine the compensation amount.
In Mississippi, you have three years to file an insurance claim for both personal injuries and property damage. If you wait too long to file your claim, it may be denied or result in a lower value due to the delayed response.
What Must an Insurance Company Compensate?
An insurance company is obligated to compensate for losses and damages that fall within the coverage outlined in the insurance policy agreement. This compensation typically covers:
- The cost of repairs
- The replacement of damaged or stolen property
- Medical expenses resulting from personal injuries
- In some cases, the legal fees associated with defending a claim
Depending on the nature of the claim, coverage may also include compensation for indirect losses such as loss of income if the insured is unable to work due to injury or the time required to repair or replace damaged property.
Policyholders must thoroughly understand their policy coverage, including any deductibles and limits, to know what to expect in terms of compensation following a claim.
Common Factors Considered When Evaluating an Insurance Claim
Insurance companies consider various factors when evaluating the value of a claim. The aim is to understand the extent of the loss and determine the appropriate amount of compensation. Some of the common factors insurance companies commonly consider include:
- Severity of the damage or injury: The more severe your injury or damage, the higher the value of your claim will likely be. More severe injuries or significant damages often require costly medical treatment, repairs, and replacements.
- Documentation and evidence: Comprehensive documentation such as medical records, property repair costs, police reports, and any lost wages due to time off work provide a factual basis for assessing the claim. The quality and completeness of this evidence can greatly impact the evaluation.
- Insurance policy details: The terms, coverage limits, exclusions, and deductibles outlined in your insurance agreement play a crucial role in determining the value of a claim. Some policies may have higher limits for certain types of losses, while others may not cover them at all.
- Costs of medical treatment: In personal injury cases, the current and future costs of medical treatment are assessed. This often involves examination of treatment plans, recovery times, and any long-term medical care needs.
- Market value assessments: For property damage, assessments of the current market value of the damaged or lost property are crucial to determining compensation.
Understanding these factors can help policyholders better prepare their claims and documentation, aiming for a more accurate and fair assessment of their losses.
Evaluation Process for Personal Injury Claims
The evaluation process for personal injury insurance claims in Mississippi involves several critical steps to make sure you receive fair compensation for your injuries:
- The insurance company will require you to submit comprehensive documentation, including medical reports, proof of lost wages, and any other evidence supporting the extent of your injuries and the impact they have had on your life.
- The insurance adjuster will review the details of the claim. This includes examining the severity of your injury, the anticipated recovery time, and how the injury affects your ability to continue your pre-incident life. The insurance adjuster will consider current and future medical expenses, including treatment costs, rehabilitation expenses, and any need for long-term care.
- The insurance adjuster will also evaluate non-economic damages such as pain and suffering, loss of enjoyment of life, and emotional distress resulting from the injury. While more subjective, these factors also play a crucial role in determining the total value of the claim.
- Once the evaluation process is complete, the insurance company will make a settlement offer based on the gathered evidence and their assessment of the claim's value. With the assistance of an attorney, you can then decide to accept this offer, negotiate for a higher settlement, or pursue legal action if you deem the offer to be insufficient.
Determining Liability
Mississippi operates under a "pure comparative negligence" rule, which means that as long as you are less than 100% at fault for your injury, you can still seek compensation. However, the amount of compensation you receive may be reduced if you are found to be partly at fault for the incident that led to their injuries.
The insurance company will examine police reports and witness statements to determine the percentages of fault for both parties involved.
Evaluation Process for Car Accident Claims
The evaluation process for car accident claims in Mississippi involves a series of steps to assess the property damage value and determine the compensation due. This process is designed to make sure that all relevant factors are considered for a fair settlement:
- Accident report: After a car accident, you must report the incident to your insurance company and submit the initial documentation. This includes the police report, photos of the damage, witness statements, and any other relevant evidence that provides context about the incident.
- Damage assessment: The insurance company will send an adjuster to examine the extent and severity of the vehicle's damage and estimate the repair costs. This may involve a consultation with auto repair professionals to obtain accurate estimates.
- Review of policy coverage: The insurance adjuster will review your coverage details to understand the coverage available for the damage. This includes evaluating coverage limits, deductibles, and any exclusions that might affect the claim.
- Liability determination: Under Mississippi’s pure comparative negligence rule, the insurance adjuster will also determine liability and fault. This directly impacts the settlement amount, as compensation can be reduced proportionally to your fault in the incident.
- Depreciation estimation: For vehicles, insurance adjusters consider the current market value and depreciation, especially if the damage is severe enough to deem the vehicle a total loss. The insurance company will estimate the car's pre-accident value versus the cost of repairs to decide whether it's more economical to repair or replace the vehicle.
- Settlement offer: Based on the assessments, the insurance company will offer a settlement that covers the cost of repairs (subject to the policy's terms) or provides compensation for a total loss. This offer reflects the adjuster’s findings, the policy details, and the liability assessment.
- Negotiation: You have the opportunity to negotiate this offer, especially if they believe the settlement does not accurately reflect the damage or the vehicle's value. Experienced legal representation can advocate on your behalf for a more favorable settlement.
Throughout this process, policyholders are encouraged to maintain detailed records, maintain communication with the insurance company, and, if necessary, seek legal advice to make sure they receive fair compensation for their car accident claim.
Seek Experienced Legal Counsel
Whether you need to file a car accident or a personal injury claim, the value of an insurance claim is influenced by a multitude of factors. The experience and knowledge of a seasoned attorney can help you better understand what to expect from an insurance evaluation and how to proceed with filing a successful claim.
Located in Flowood, Mississippi, The Stutzman Law Firm, PLLC is committed to helping its clients with insurance claims. Reach out to set up a free consultation.
Fall is here in Mississippi, and with it comes unpredictable rain showers that can turn a normal drive into a dangerous one. Even a light drizzle can mix with oil and debris on the pavement, creating slick conditions that increase the risk of accidents. Knowing how to adjust your driving habits in wet weather can make all the difference. Why Rain Makes Roads Risky Rain reduces traction, increases stopping distances, and makes hydroplaning more likely. Visibility also drops, especially during heavy showers. These conditions combine to create more opportunities for wrecks if drivers don’t adjust their speed and spacing. Tips for Driving Safely in Wet Weather Here are a few simple precautions that help keep you, your family, and others on the road safe: Slow down. Reducing your speed gives your tires more grip on wet pavement and shortens the distance it takes to stop. Leave extra room. Increase the following distance between your vehicle and the one ahead of you. That extra space gives you more time to react. Check your tires. Proper tread and inflation help prevent hydroplaning. Worn tires make wet-weather driving much more dangerous. Use your headlights. Even during the day, headlights help other drivers see you through rain and spray. Stay Safe, Mississippi Accidents are stressful, costly, and sometimes life-changing. While we can’t control the weather, we can control how we drive when the roads are wet. A little extra caution can go a long way toward keeping everyone safe this fall. At The Stutzman Law Firm, we’ve seen firsthand how devastating accidents can be. Our mission is to help those injured in wrecks get the justice and support they deserve—but our hope is always that you and your family make it home safe. Stay safe, drive smart, and don’t let wet roads wreck your week. Call us today at (769) 208-5683 for a free consultation.
Labor Day weekend is a time to relax, celebrate, and enjoy time with family and friends. But it’s also one of the busiest travel weekends of the year. With more drivers on the road, the risk of accidents rises sharply. At The Stutzman Law Firm, we want you and your loved ones to enjoy the holiday safely and avoid the dangers that too often come with it. Why Labor Day Weekend Is Risky for Drivers Increased traffic: Fans traveling to and from games often crowd highways and backroads, creating heavier traffic than usual. Alcohol use: Tailgating is part of the culture, but it often involves alcohol. Even one impaired driver can put countless others at risk. Distractions: Whether it’s a text about the score, posting a tailgate photo, or finding your way to the stadium, distractions behind the wheel can be just as dangerous as drinking and driving. According to traffic safety reports, Labor Day weekend consistently ranks among the deadliest holiday travel periods in the United States. The main reasons are: Heavier traffic: More people are hitting the road for vacations, family visits, or a last summer getaway. Impaired driving: Alcohol and celebrations can, unfortunately, lead to poor decisions behind the wheel. Distracted driving: Phones, GPS, and crowded roadways create more opportunities for accidents. Driver fatigue: Long trips without enough rest can be just as dangerous as drinking and driving. Tips for Safer Holiday Travel Plan ahead. Leave early to avoid feeling rushed and give yourself extra time for traffic delays. Buckle up. Seat belts save lives, whether you’re going across town or across the state. Stay sober. Never get behind the wheel if you’ve been drinking, and don’t ride with anyone who has. Limit distractions. Put the phone down and keep your focus on the road. 5. Rest before driving. If you’re making a long trip, take breaks and switch drivers if possible. Know Your Rights if an Accident Happens Even when you take precautions, accidents can still occur. If you or someone you love is injured in a wreck this weekend, it’s important to understand your rights. Insurance companies often try to minimize payouts, but you don’t have to face that fight alone. At The Stutzman Law Firm, we help accident victims in Mississippi get the compensation they need to recover. From medical bills to lost wages, we make sure your case is handled with the care and attention it deserves. Contact Us If you’re injured in a crash, don’t wait. Call The Stutzman Law Firm at (769) 208-5683 or visit www.stutzmanlawfirm.com to schedule a free consultation. This Labor Day, enjoy your weekend the way it was meant to be spent—relaxing, not recovering.
Football season in the South isn’t just a sport—it’s a tradition. From Friday night high school games under the lights, to Saturday tailgates in Starkville, Oxford or Hattiesburg, to Sunday NFL kickoffs, Mississippians know how to celebrate the season. But with all the excitement also comes an increase in traffic and, unfortunately, a higher risk of accidents. Why Football Season Brings More Risk on the Roads Increased traffic: Fans traveling to and from games often crowd highways and backroads, creating heavier traffic than usual. Alcohol use: Tailgating is part of the culture, but it often involves alcohol. Even one impaired driver can put countless others at risk. Distractions: Whether it’s a text about the score, posting a tailgate photo, or finding your way to the stadium, distractions behind the wheel can be just as dangerous as drinking and driving. Simple Ways to Stay Safe Plan ahead. If alcohol is part of your game day, line up a designated driver or use a rideshare service. Put the phone away. No text, call, or post is worth risking your life or someone else’s. Drive defensively. Expect heavier traffic and give yourself extra time to get where you’re going. We’re Here if You Need Us At The Stutzman Law Firm, we know football season should be about rivalries and touchdowns—not accidents and injuries. If you or a loved one is hurt in an accident this season, we’re here to help you understand your rights and fight for the compensation you deserve. Play hard. Drive safe. We’ve got your back. Call us today at (769) 208-5683 for a free consultation.
Too Hot to Handle: Heat Safety on the Road Summers in Mississippi are no joke. The extreme heat doesn’t just make it uncomfortable to step outside—it also creates serious risks on the road. Drivers often overlook how high temperatures can impact both their vehicles and their ability to stay safe behind the wheel. At The Stutzman Law Firm, we’ve seen firsthand how preventable accidents can happen when the heat isn’t taken seriously. Here are some key things to keep in mind as temperatures rise. The Hidden Dangers of Extreme Heat Tire Blowouts Hot pavement and low tire pressure are a dangerous mix. Underinflated tires can overheat quickly, leading to sudden blowouts that put everyone on the road at risk. Overheated Engines High temperatures push vehicles to their limits. Without enough coolant or regular maintenance, engines can overheat, leaving drivers stranded in unsafe conditions. Driver Fatigue & Dehydration Heat isn’t just tough on cars—it’s tough on people too. Dehydration and fatigue reduce focus and reaction times, increasing the chance of an accident. •Children and Pets in Cars Temperatures inside a parked car can rise dangerously fast, even with the windows cracked. A few minutes can be life-threatening. Simple Steps to Stay Safe Check tire pressure regularly and keep them at the recommended level. Keep coolant topped off and have your car serviced before long trips. Stay hydrated to avoid fatigue and keep a bottle of water in your vehicle. Never leave kids or pets in the car, even for a quick errand. Carry an emergency kit with water, coolant, and basic supplies. We’re Here if You Need Us Taking these precautions can go a long way in preventing heat-related accidents. But if you or someone you love has been injured due to another driver’s negligence or an avoidable vehicle failure, you don’t have to go through it alone. Call us today at (769) 208-5683 for a free consultation.
As kids across Mississippi return to school, now is the time to refocus on safe driving—especially near school zones, bus stops, and neighborhoods where children walk or ride bikes. At The Stutzman Law Firm, we’ve seen firsthand how quickly a moment of inattention can turn into a tragedy. A few extra seconds of caution can save a life. Key Tips for Back-to-School Driving Safety: 1. Slow Down in School Zones Speed limits around schools aren’t suggestions—they’re there to protect young children who may be harder to see and slower to react. Even going just 5 mph over the limit can drastically increase the risk of serious injury. 2. Watch for Crossing Guards and Children Kids don’t always look both ways. Always stop for crossing guards and be alert around crosswalks, sidewalks, and driveways. 3. Never Pass a Stopped School Bus If a school bus is stopped and its lights are flashing, it’s the law: stop your vehicle. Passing a stopped school bus is illegal in Mississippi and puts children in serious danger. 4. Put the Phone Away Distracted driving is one of the top causes of preventable accidents. Whatever is on your screen can wait. Driving through a school zone while texting or scrolling isn’t just risky—it’s reckless. 5. Be Cautious Around Neighborhoods and Bus Stops Children waiting for or getting off the bus can be unpredictable. Give them plenty of space and be patient during pickup and drop-off times. If the Worst Happens, We’re Here to Help No one plans for an accident, but if you or a loved one is injured in a school zone or in a crash involving a bus or pedestrian, The Stutzman Law Firm is here to help. We offer free consultations and fight to hold negligent drivers accountable. Let’s work together to keep Mississippi’s kids safe this school year. Call us today at (769) 208-5683 for a free consultation.
At The Stutzman Law Firm, one of the most common questions we get from clients is: " Does auto insurance follow the person or the vehicle ?" It’s a fair question — and one that often comes up after a crash involving borrowed cars, family vehicles, or shared driving arrangements. The answer in Mississippi might surprise you: auto insurance generally follows the car , not the driver. What Does That Actually Mean? If you loan your car to a friend or family member and they’re involved in an accident, your insurance is typically the primary coverage , not theirs. That’s because the coverage is tied to your vehicle, not just you. Let’s break it down with a few examples: You let a friend drive your car and they cause a wreck. In most cases, your insurance — not theirs — is what will be used to pay for damages or injuries. You borrow someone else’s car and get into an accident. That person’s auto policy is likely going to be responsible, not your personal policy (unless their coverage isn’t enough to cover the damage, in which case your policy might kick in as secondary). Are There Exceptions? Yes. Insurance law isn’t always cut and dry. Here are a few situations that can complicate things: The driver didn’t have permission to use the vehicle. The vehicle was used for business or commercial purposes. The policy has specific exclusions or restrictions. It’s also worth noting that uninsured and underinsured motorist coverage can change how benefits are applied, and those coverages often follow the person , not the vehicle. That’s why it’s so important to know what kind of coverage you carry — and how it applies — before something happens. When to Call a Lawyer If you’ve been injured in a car accident and there’s confusion over whose insurance should apply, don’t guess — get advice. Sorting out insurance issues early can make a big difference in how your claim is handled and whether your medical bills and losses are properly covered. Call us today at (769) 208-5683 for a free consultation.
One of the most common mistakes people make after a car accident is convincing themselves they’re “fine” and putting off medical treatment. Even if you feel okay in the moment, it’s important to understand that some injuries aren’t immediately obvious. What seems minor today could become a serious issue tomorrow. At The Stutzman Law Firm, we’ve seen time and again how delaying medical care can hurt both your health and your legal claim. Here’s why: 1. Your Health Comes First Not all injuries show up right away. Soft tissue injuries, concussions, and even some internal injuries can take hours or days before symptoms appear. A doctor can help catch these problems early, which not only protects your health but gives you peace of mind. Getting checked out immediately creates a clear medical record linking your injuries to the accident. Without that documentation, it becomes harder to prove that the wreck caused your injuries later down the road. 2. Your Case Depends on Documentation Insurance companies look for any reason to minimize or deny your claim. If you delay treatment, they’ll argue that you weren’t really hurt or that something else caused your injuries after the fact. This can lead to reduced compensation or a denied claim altogether. The sooner you seek medical care, the stronger your case. Prompt treatment creates a paper trail that ties your injuries directly to the accident, leaving less room for the insurance company to dispute your claim. 3. What You Do After a Wreck Matters In the aftermath of a car accident, you’re dealing with a lot — the stress, the inconvenience, and sometimes the shock. But taking care of your health should be your top priority. The steps you take now will protect your well-being and your ability to recover what you’re owed. At The Stutzman Law Firm, we help people through this process every day. If you’ve been in a wreck, don’t wait. See a doctor, document everything, and call us. We’re here to protect your health, your rights, and your future. Call us today at (769) 208-5683 for a free consultation.
At The Stutzman Law Firm, we believe that a well-informed public is essential to a fair justice system. One aspect of personal injury law that surprises many people is this: in almost every injury case that goes to trial, there’s insurance involved—but the jury is never told that. That’s not a mistake or oversight. It’s the law. In Mississippi (and most other states), the rules of evidence prohibit attorneys from mentioning insurance coverage to the jury. Even if it’s crystal clear that an insurance company is the one paying for the defendant’s lawyer and would ultimately pay the verdict, we are not allowed to say a word about it during trial. Why does that matter? Because jurors often assume that any money awarded in a verdict comes directly out of the defendant’s pocket. And when the defendant is an individual—maybe someone who seems sympathetic or appears to have limited resources—that can influence how jurors think about awarding damages, even when the law says otherwise. The truth is, in the vast majority of personal injury trials, an insurance company is behind the scenes controlling the defense and managing the financial exposure. But the jury never hears that part of the story. It’s a strange rule, and it can have a real impact on justice. But it’s the current state of the law—and it’s one more reason why having a strong, experienced advocate on your side matters. If you’ve been injured in an accident and have questions about your legal rights, give us a call. We’re here to help you understand the process and fight for the compensation you deserve. Call us today at (769) 208-5683 for a free consultation.
Why You Should Think Twice Before Signing That Insurance Authorization At some point, most people dealing with a health, disability, or accident-related insurance claim are asked to sign a medical records authorization. It’s usually presented as routine—something the insurer needs to evaluate the claim. But if you take the time to actually read what you’re being asked to sign, you may find that it goes well beyond authorizing the release of medical records. Many of these so-called "routine" authorizations give the insurance company permission to access much more than just your medical history. Some include: Your consumer credit report Your financial records Files from government agencies Even records from “any other person” In some cases, they may even attempt to waive attorney-client privilege And let’s not overlook the Medical Information Bureau (MIB)—a little-known clearinghouse of medical and insurance data. These authorizations often give the insurer permission to pull and share your data with MIB and other insurers, which could impact future applications for coverage. Can They Really Do That? Under federal law—specifically, the Fair Credit Reporting Act (FCRA)—an insurance company cannot obtain a credit report for the purpose of evaluating a claim. They can request one for underwriting when issuing a policy, but not after the fact when a claim has been filed. Courts and federal regulators have made that clear. For example, in Padilla v. UNUM Provident, the court referenced guidance from the Federal Trade Commission stating that insurers may not rely on the “underwriting” exception to justify pulling a credit report during claim review. That matches the rulings in cases like LeBlanc v. Allstate and St. Paul Guardian v. Johnson. So how do insurers get around this? Simple. They ask you to sign an authorization. Once you give written consent, your protections under the FCRA are gone. That signature turns an otherwise impermissible act into a “permissible use.” What Happens If You Refuse to Sign? Some people worry that refusing to sign a broad authorization will result in their claim being denied. And sure, an insurance company can try to use that as a reason to delay or push back. But there’s a strong counterargument. If the claimant signs a narrowed authorization—one that excludes irrelevant or invasive categories of information—and shows a willingness to cooperate by offering to discuss what is needed and why, it’s tough for the insurer to justify denial based on non-cooperation. There’s also the matter of credit score. Frequent inquiries on a credit report can lower a person’s score. So not only are insurers overreaching—they may be actively harming your financial reputation in the process. Bottom Line These overbroad authorizations are not about gathering medical records. They’re about mining for reasons to deny the claim, and in the process, invading the claimant’s privacy far beyond what’s necessary or lawful. If you’re a lawyer, take a few extra minutes to review any authorization your client is being asked to sign. If you’re handling your own claim, don’t assume that the form you’ve been given is fair or routine. Protect your rights. Ask questions. And don’t be afraid to push back. Call us today at (769) 208-5683 for a free consultation.
Motorcycle Safety in Mississippi: Common Myths, Hard Truths, and How to Keep Everyone Safer As the temperature rises across Mississippi, more and more motorcycles are hitting the road. At Stutzman Law Firm, we’ve seen firsthand how devastating motorcycle accidents can be—and often, they’re avoidable. This week, we’re taking a closer look at some of the common myths (and realities) around motorcycle safety to help drivers and riders stay safer. 1. Grass Clippings in the Road: A Real Hazard Yes, it’s true—grass clippings blown into the road create a slick surface that can cause a motorcycle to lose traction and crash. It might seem harmless, but it’s dangerous, especially in turns or on curves. If you mow your yard, please keep the clippings on your lawn, not in the street. A little care can prevent a serious injury. 2. “Loud Pipes Save Lives”: A Popular Myth The idea is that a loud motorcycle is more noticeable and therefore less likely to be hit. But most of the sound projects backward, not forward—where most threats are coming from. There’s no clear evidence that noise alone prevents accidents. While custom exhaust systems are a personal choice, they’re no substitute for visibility, safe riding, and attentive driving. 3. Helmets Don’t Cause Injuries—They Prevent Them Some folks still believe helmets can cause neck injuries. This myth has been thoroughly debunked. In fact, the data shows helmets drastically reduce the risk of death and serious injury. Mississippi law requires all riders to wear a helmet, and it’s for good reason. Helmets save lives. 4. The Left-Turn Danger Zone More motorcycle wrecks happen when a car turns left in front of a motorcycle than in any other scenario. Drivers often misjudge the speed of an oncoming bike or simply fail to see it. If you’re turning left, double-check your blind spots and wait until it’s completely safe. That extra second could save someone’s life. 5. Lane Splitting Isn’t Legal in Mississippi It might be common in California, but in Mississippi, lane splitting—riding between lanes of traffic—is illegal. Even when traffic is stopped, bikers must stay in their lane. At the same time, drivers should avoid drifting across lane lines or opening doors into traffic without looking. Conclusion Whether you're a motorcyclist or a driver, a little awareness goes a long way. Let’s all commit to safer roads this season. Be mindful of grass clippings, stay alert at intersections, and give motorcycles the space and respect they deserve. If you or a loved one has been hurt in a motorcycle accident, Stutzman Law Firm is here to help. Call us today at (769) 208-5683 for a free consultation.