After an accident, you expect your insurance company to support you as you recover from your injuries. Even if you are dealing with the insurance company for the other driver who was clearly at fault, it is reasonable to expect they will work to get you the compensation you are entitled to receive.
The insurance company is in the business of saving money, and they usually are not on your side when it comes to a claim against their policies. Because of this, they will do anything they can to hold onto their profits. These shady insurance company tactics may indicate that an insurance company is trying to devalue your claim.
Don’t let the greed of insurance companies leave you without enough money to cover your accident-related damages. Use these strategies to make the most of your claim.
Request a Recorded Statement
The insurance company may call and ask you for a statement, which is very common. However, if the adjuster asks if they can record the statement, beware. A recorded statement may be used against you in the future. Something as simple as responding that you are fine after the adjustor begins the conversation with “how are you today?”
If you do talk to the insurance adjuster, stick to the facts and do not provide details. Some safe responses include:
- I was involved in a collision with my car and another car on Friday
- My doctor can provide you with details about my injures
- Please refer any questions to my attorney
- The accident is still being investigated by police
You should never speak to insurance representatives until you speak to a lawyer. It’s best if you have your attorney negotiate with insurance directly.
Claim Your Injury Existed Prior to the Accident
If there is no way for the insurance company to deny that their policyholder was at fault in an accident, such as if they were driving under the influence, they may try to get out of the claim by stating you were not injured in the accident but that you had the injury prior to the crash. Even if you did have a pre-existing injury, if it was aggravated by the accident, you are entitled to compensation.
Claim You Are Partially at Fault
In some states, if you are partially at fault for the accident in any way, your compensation could be reduced by the percentage you are deemed at fault. For example, even if the other driver was under the influence, if you were texting just before the accident, the court could claim you were 10 percent at fault for the accident. If your compensation is $50,000, you would only receive $45,000.
There are states that will not allow you to collect at all if you are deemed at fault in the accident. These statutes are why insurance companies may point fingers at you in order to reduce what they have to pay.
Tell You Not to Speak to an Attorney
One of the most common ways that an adjuster will try to reduce your claim is to tell you that you don’t need a lawyer. They will tell you that lawyers are expensive and that you will get a better settlement if you simply work directly with the insurance company. However, there is evidence that accident victims who work with an attorney often receive higher compensation than those who do not.
Personal injury attorneys normally work on a contingency basis which means they don’t receive payment unless you win your case. Keep in mind that a car accident lawyer helps victims pursue the maximum in recoverable damages. If you have been injured in an accident, you need to talk to a personal injury attorney regarding what rights you have under the law.
