The hassle of dealing with insurance companies in a personal injury case is often understated. Insurance companies make money from protecting their clients in case of an accident or property damage. This means they can’t make significant profits from paying out claims.
If you’ve recently suffered from a personal injury accident, you should expect the at-fault party’s insurance company to provide fair compensation. Unfortunately, this isn’t always the case, as they can undervalue, deny, or use intimidation tactics to convince you to accept a fraction of your fair settlement.
First, you should hire a personal injury attorney to increase your chances of getting fair compensation. Other tips to avoid the insurance headache include:
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1. Gather as much evidence as possible
The success and failure of a personal injury accident insurance claim primarily depends on the victim’s ability to prove the party at fault. As such, accident victims should back up their claims with solid evidence. You should start collecting evidence immediately if you don’t sustain major injuries. As you wait for the police to arrive, consider the following:
- Seek medical help–seeking medical attention after the accident is important for your health and well-being. You will also use this chance to collect evidence about your injuries. Medical details and expenses are used to demonstrate the extent of injuries and the cost of treatment.
- Taking photographs – if possible, take pictures of the accident scene and the damages. These pictures will help demonstrate the severity of the accident and the extent of injuries when filing for compensation. You should also note the weather and any significant road conditions that might have led to the accident.
- Collect witness statements – you should collect statements from pedestrians and motorists who saw the accident happening. Witnesses provide valuable testimony, which can help build your case.
2. Communicate clearly
When filing a compensation claim, your statements to the insurance company can be used as a basis for claims rejection. Insurance adjusters can also use phrases from your statement to reduce or prove partial negligence. Therefore, you should communicate clearly in every interaction.
Note that there’s no mandatory obligation for you to speak to the insurance company or adjuster of the driver at fault. If you choose to engage them, you should watch your statements. Insurance adjusters won’t reach out to check on your well-being. They will always reach out to probe your statements and possibly get you into confessing something they can use to turn the case against you.
Insurance adjusters also often try to convince victims to accept quick payments. Therefore, anytime you speak to someone from the insurance company:
- Don’t discuss your feelings or injuries
- Don’t apologize or make statements about your role in the occurrence of the accident
- You should only answer the questions asked directly
- Don’t speculate on answers
- Refer the adjuster to your attorney or your insurance company for more information.
Giving more information to the insurance adjuster increases the risk of you mentioning something that might jeopardize your compensation claim.
3. Determine all recoverable damages
Before filing a compensation claim and sitting for negotiations with the insurance company, you should determine the full extent of your injuries and property damage. Your lawyer will help you evaluate the total costs of recoverable damages, including medical expenses, lost wages, disability, and emotional suffering.
Some states have provisions that allow family members to file compensation claims for loss of support, consortium, and companionship if the victims succumb to injuries.
4. Leave negotiations to the experts
You can also avoid dealing with insurance companies by leaving experts to negotiate. Trying to negotiate with insurance adjusters on your own is tricky. Unlike you, insurance agents work for employers and handle claims negotiations daily. Some adjusters offer prompt settlements immediately to entice victims and discourage them from hiring an experienced lawyer.
Insurance adjusters know that dealing with lawyers means more payouts. Lawyers are also expert negotiators and can help victims receive fair compensation.
The Bottom Line
If you’ve sustained injuries due to someone else’s negligence, consult a personal accident attorney immediately. A lawyer is probably the easiest way to avoid dealing with insurance companies. You should also watch your communications, not befriend insurance adjusters, and sign documents cautiously.
