Insurance Claims for Diving Accidents in California: A Complete Guide

As passionate injury attorneys in Southern California, the legal advocates at Case Barnett Law have helped countless clients negotiate the settlements they deserve. Ready to fight for your maximum compensation? Contact our law office to schedule a free consultation today.

It’s no secret that diving — whether done recreationally or for work — is an inherently risky activity. This is especially true for commercial divers, who often remain in the water for extended periods of time to conduct searches, repairs, surveys, and more. When accidents occur underwater, divers often suffer serious injuries that are expensive to treat.

Fortunately, divers can pursue compensation through an insurance claim. A fair settlement should include compensation for a wide range of losses, but securing the settlement they deserve is often easier said than done. That’s because insurance companies are businesses, and as such, they typically prioritize their bottom line over their individual customers.

Although you can pursue a settlement without legal representation, it’s a good idea to partner with an experienced personal injury attorney to negotiate with insurers on your behalf. Insurance companies fear litigation and are much more likely to pay a fair settlement to individuals who are represented by an attorney who’s not afraid to take them to court.

If you suffered serious injuries in a diving accident, you will likely need compensation to finance your recovery. Don’t worry: Case Barnett Law is here to help. This article will explain everything you need to know about insurance claims for diving accidents, including types of diving insurance coverage, steps to filing a claim, and how a personal injury lawyer can help you secure the maximum compensation.

Understanding Diving Insurance Coverage

Before discussing the steps to filing a claim, it’s important to understand the differences between insurance coverage. There are several different types of insurance that may cover diving accidents, including the following:

Travel insurance. Many travel insurance policies cover medical expenses and the cost of evacuation related to diving accidents. This type of insurance is particularly important for divers who often go to remote or international locations.
Diving insurance. People who dive frequently for recreation or commercial purposes can purchase diving-specific insurance. These policies typically cover a variety of special expenses, such as the cost of hyperbaric treatment, medical transportation, and other expenses commonly incurred by injured divers.
Health insurance. Some regular health insurance policies cover diving accidents. However, it’s important to verify whether those benefits extend to injuries sustained during recreational diving.
Life insurance. Professional divers or individuals who participate in frequent high-risk dives often purchase additional life insurance. These policies are paid out to beneficiaries in the event of the diver’s death.

Although injured divers or their families can secure compensation through these policies, each type of insurance coverage has its own unique rules and limitations. Understanding the differences in these policies and specific benefits provided by your own is crucial to securing the compensation you deserve.

Steps to Filing an Insurance Claim for a Diving Accident

When filing a diving accident claim, individuals must go through several important steps. If you decide to pursue a settlement on your own, you will need to complete the following tasks:

Notify your insurance provider. Injured claimants are encouraged to notify their insurer as soon as possible after the accident, as delays can lead to complications in the claims process.
Provide documentation. Before you can receive the compensation outlined by your policy, you will need to provide evidence that corroborates your claim. This may include documentation such as the dive log, witness statements, dive master reports, and more.
Present medical reports. You will also need to provide your insurer with medical reports from attending physicians or emergency services that detail the specifics of your accident and subsequent injuries.
Follow up with your adjuster. Securing an insurance settlement is rarely as simple as submitting the necessary paperwork. You will likely need to follow up with your insurance adjuster, monitor the progress of your claim, and provide additional information and documentation when requested.

On the surface, these steps seem relatively straightforward. However, insurance companies are often slow to pay out settlements and reluctant to make a fair offer. Too often, insurers delay their payout, knowing that the longer they wait, the more desperate the claimant becomes for financial support. Enlisting an attorney to negotiate on your behalf can expedite your payout and increase your overall settlement amount.

Why Hire a Personal Injury Attorney to Negotiate with Insurers?

Partnering with a legal professional can provide injured divers with significant advantages. A personal injury attorney has the expertise and understanding to safeguard your rights and provide robust support for your claim. Especially in complex cases involving substantial damages, a personal injury lawyer is beneficial in executing the following tasks:

Maximizing compensation. As skilled negotiators, personal injury lawyers understand the tactics used by insurance companies to minimize settlement payouts. They can calculate the full spectrum of your damages and aggressively argue the value of your claim, including both immediate and future expenses.
Understanding legal complexities. Insurance policies are often incredibly complex — and they’re designed to be. With a deep understanding of injury law and insurance policies, your attorney can help you navigate statutory limitations, policy exclusions, legal precedents, and anything else that could affect your payout.
Leveling the playing field. Insurance companies have deep pockets and large legal teams that help them protect their interests. Without a legal advocate, you will always be at a disadvantage when negotiating with them, but a personal injury attorney can help even the field.
Communicating on your behalf. Following up with insurers can wear claimants down, especially when it involves a seemingly never-ending request for additional information and documentation. When you partner with a lawyer, you get to hand over all of your communication responsibilities and focus fully on recovery.
Offering services on a contingency basis. Most personal injury attorneys, including those at Case Barnett Law, offer their services on a contingency fee basis. That means you don’t pay your attorney anything until — and unless — you secure a settlement.

When all is said and done, a personal injury attorney can help you secure a larger settlement in a fraction of the time—with no upfront cost to you. However, not all lawyers are equally skilled in negotiating with insurers or have sufficient experience to make the threat of litigation real.

Let Case Barnett Law Negotiate Your Diving Accident Claim

At Case Barnett Law, we understand the devastating toll a diving accident can take on your life. When it’s time to request the insurance benefits you’ve been paying for, don’t make the mistake of going at it alone.

Our personal injury attorneys have what it takes to leverage a faster, larger settlement at no risk to you. Ready to get started? Schedule a free case evaluation to speak with a top-tier personal injury attorney today.