When you are involved in a car accident, you anticipate the insurance company paying part of your medical bills, car repair, and lost income. Unfortunately, insurers are business entities that work towards paying out as little as possible even if you are eligible for a full payout. Insurance company tactics often include offering low settlements, delaying claims, and shifting blame to minimize payouts in accident cases.
It can be frustrating to deal with insurance adjusters who underpay claims, delay payments, or make low-ball offers. So, it is important to know their tricks. I will explain the techniques used by insurance companies and how you can maintain your rights to get the compensation that you deserve—with the help of a reputable car accident lawyer by your side.
Offering you an immediate settlement is among the most common tactics. At first, this might?seem like a fine deal, you get paid right away and won't have to worry about negotiating. Sounds like a great deal, right?
Other insurers drag the process until you're in desperate need for cash." They don't answer?your calls, ask for unnecessary documents, or take months to pay your claim.
No matter how transparently at fault the other vehicle was, the insurers will attempt to shift the blame to you. With California's comparative negligence principles, your recovery will be lowered by the proportion that you played in negligence.
Example:
If they attempt to put you at fault 30 percent, your award will be reduced by 30 percent.
If they manage to get a judge to concur that you are 50% liable, you will lose 50% of your award.
They may say that your injuries are not as bad as you claim or they may even say that your injuries were caused by some other accident. They can even insinuate that your injuries were not serious because you delayed in getting medical treatment.
They can deny or downplay your medical bills, and you may need to pay them yourself.
If they convince the court that your injuries aren’t severe, your settlement may drop significantly.
You will need to know how to protect yourself from these claims. You will have to do the following:
Insurance adjusters look friendly, but they intend to have you say something that they will use against you later. They may ask you false questions or take your statement expecting you to deny liability or downplay your injuries.
"How are your feelings today? – If you tell them, "I'm fine," they will argue your injuries are not serious.".
"What do you recall about the accident?" – If you don't state some facts, they can claim that you changed your narrative later.
"Do you think there was something you could have done to prevent the crash?" – You are liable, at least partly, they may argue.
Insurance companies may request your entire medical history, claiming they need to cover your claim. But they're looking for pre-existing conditions to claim your injuries weren't accident-related.
They could claim your pain is the result of an old injury, not the crash, and reduce your award amount.
They might use prior health problems against you to reduce your claim.
Do not give them your complete medical history, only give them what relates to the accident.
Review all medical record requests with a lawyer before you sign anything.
Sometimes, insurers simply deny claims outright, hoping you won’t push back. They may have several unjustified reasons for denying your claim including the following:
Request written notice of why your claim was denied.
Collect solid evidence to rebut the denial.
Look for an attorney who appeals legal proceedings.
Once you sign a settlement release, you can no longer request further money. Even if you learn your injuries need further treatment. Insurance companies make an effort to push you into signing as quickly as possible before you realize how much money you are entitled to.
To protect yourself from this trick, do the following:
Do not sign any agreement until you have a pretty clear idea of what your injuries will end up costing you long-term.
Have an attorney review the settlement before signing.
Ensure all damages (medical bills, lost income, pain, and suffering) are covered.
Yes, but it's not advisable. Insurance adjusters are trained to give you the least. A lawyer will negotiate a better settlement and prevent you from being taken advantage of.
Avoidance or delay in response can indicate bad faith on their end. Suing or even complaining, assisted by a lawyer, could be possible.
No. Once you accept an offer, you can't then return and demand more money even if your doctor's bills climb higher. Never accept a low offer too quickly.
You may appeal the denial by submitting extra information or an appeal. If they still reject it, you might have to sue to obtain a reasonable settlement.
They didn't have to worry about the paperwork of solid proof, fighting to eliminate unjustified fault, and collecting for you the maximum compensation possible.
Insurance firms are not ever in your interest. They make use of manipulative methods for reducing or avoiding your claim by expecting you to accept less money than you could receive.
The secret to protecting your rights is to stay well-informed, take notes, document everything, and seek legal help, if necessary. If you are dealing with an insurer following a car accident, don't try to do it yourself —Give us a call today at LA Injuries Los Angeles. We have experienced car accident lawyers?to battle on your behalf for the compensation you are entitled to.
California Department of Insurance:
Consumer resources
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So You've Had An Accident, What Next