Dealing with an insurance company after a motor vehicle crash requires a careful and strategic approach since insurers have specific procedures and goals that don’t always align with your need for fair compensation.
A motor vehicle accident lawyer manages these communications and protects your rights throughout the claims process. An attorney’s involvement provides you with the support to counter unfair claim denials or low settlement offers and pursue the outcome you need.
Key Takeaways
- You’re not obligated to provide a recorded statement to the at-fault driver's insurance company.
- Stick to providing only basic, factual information during initial calls with any insurance adjuster.
- Document every interaction with the insurance companies, including the date, time, and name of the representative.
- An initial settlement offer from an insurer is often far less than the full value of your claim.
- An experienced motor vehicle accident lawyer can handle all insurance communications on your behalf to protect your claim.
The Role Of The Insurance Adjuster
After an accident, you’ll interact with an insurance adjuster. The adjuster's job is to investigate the claim and determine the insurance company's liability. They gather information, review documents, and assess the damages.
An adjuster for the at-fault party's insurance carrier isn’t your advocate. Their ultimate goal is to resolve the claim for the lowest possible amount, protecting their employer's financial interests. They may use various strategies to diminish the value of your claim.
Common Adjuster Strategies
Adjusters often use specific methods to gather information that might limit your claim's value. An adjuster might act as a friend, expressing sympathy for your situation to make you feel comfortable sharing more information than necessary.
Here are some tactics an adjuster might use:
- Requesting a Recorded Statement: They’ll often press you for a recorded statement early on, hoping to get you to say something that harms your claim.
- Asking Leading Questions: Adjusters know how to ask questions in a way that can lead you to admit partial fault or say something inconsistent with the facts of the case.
- Shifting Blame: They may try to assign a percentage of fault to you for the accident. Many states use a comparative negligence system, which means your assigned fault can directly reduce the amount of your final settlement payout.
- Offering a Quick Settlement: They may rush you into accepting a fast, low settlement offer before you know the full extent of your injuries and future medical needs.
Protecting Your Private Information
You have a right to privacy and don’t have to sign a blanket medical authorization for the other driver's insurer. These forms often give the company access to your entire medical file, not just the records related to the accident.
An attorney can review any documents an insurer asks you to sign and help you provide only the necessary information. Your lawyer can handle all communications, which prevents you from accidentally disclosing information that harms your case.
Control over your information is a key component of a successful strategy for dealing with insurance after a motor vehicle crash.
Other strategies that adjusters may use include:
- Requesting Broad Medical Access: An adjuster may request an overly broad medical authorization to look for pre-existing conditions they can use to devalue your injury claim.
- Misrepresenting Policy Limits: An adjuster may imply that the at-fault party’s policy limits are low, encouraging you to accept a smaller settlement.
- Delaying the Process: Some adjusters intentionally delay the claims process, hoping that financial pressures will force you to accept an unfair offer.
Initial Steps For Communicating With Insurers
Your first communications with any insurance company set the tone for your entire claim. Report the accident promptly to your insurance company, as required by your policy. When you speak to them or the other driver’s insurer, keep the conversation brief and factual.
Reporting The Claim
Provide the date, time, and location of the incident, along with the names and insurance information of the other drivers involved. You don’t need to provide a detailed account of your injuries on this initial call. Simply state that you’re receiving medical treatment.
When speaking with the at-fault driver's insurer, your communication must be even more guarded. Provide your name, contact information, and the date of the accident, but don’t volunteer any additional details or opinions about what happened.
What Not To Say To An Insurance Adjuster
Certain statements can immediately weaken your position when speaking with an adjuster. Sticking to the facts of the incident without interpretation is the safest route for filing an insurance claim after a car accident.
Common pitfalls in communication include:
- Admitting Fault: Avoid any apology or statement, such as "I'm so sorry," that an insurer could interpret as an admission of fault for the accident.
- Speculating on the Crash: Don’t offer opinions or guess about the cause of the collision; provide only the basic, confirmed facts of the incident.
- Discussing Injuries: Refrain from making definitive statements about your physical condition, like "I feel fine," as the full extent of your injuries may not yet be known.
- Detailing Daily Activities: Don’t provide detailed accounts of your current health or daily routine, as this information can be used to argue that your injuries aren’t severe.
Evaluating An Insurer's Settlement Offer
At some point, the insurance company will present a settlement offer. It's common for the first offer to be low and not representative of the full value of your claim. Should you accept the first settlement offer from insurance? The answer is almost always no.
Negotiating with a car insurance adjuster is a complex process, and you have to be prepared. Don’t accept an offer until you have completed all your medical treatment and clearly understand your total losses.
Many factors contribute to the true value of your claim, including your medical bills, lost income, property damage, and non-economic damages like pain and suffering. The adjuster's initial offer may only cover a fraction of these costs.
Calculating Your True Damages
Before negotiating with a car insurance adjuster, you need a full accounting of your damages. This includes projecting future medical costs, the impact of the injuries on your future earning capacity, and the physical and emotional distress you have experienced.
A personal injury lawyer helps gather the evidence needed to build a comprehensive demand package. This package details all your losses and provides the documentation to support the valuation.
Here are examples of damages you might claim:
- Medical Expenses: This includes everything from emergency room visits and surgery to physical therapy and future anticipated medical care.
- Lost Wages: You may pursue compensation for the income you lost while unable to work due to your injuries.
- Loss of Earning Capacity: If your injuries prevent you from returning to your previous job or diminish your ability to earn an income in the future, you may claim these losses.
- Property Damage: This covers repairing or replacing your vehicle and any other personal property damaged in the crash.
- Pain and Suffering: This compensation addresses the physical pain, emotional distress, and loss of enjoyment of life resulting from the accident.
Responding To A Low Offer
You’re not obligated to accept an offer that you deem insufficient. Your attorney can prepare a demand letter detailing your damages and explaining why the initial offer is inadequate. This marks the beginning of formal negotiations with a car insurance adjuster.
An attorney experienced with these negotiations knows the tactics insurers use and how to effectively counter them. Professional legal guidance at this critical juncture can heavily influence the outcome.
Your options when an insurance company denies a claim:
- Formal Appeal: You can submit a formal written appeal to the insurance company, providing additional evidence to support your claim.
- State Insurance Department Complaint: You can file a complaint with your state's Department of Insurance, which may investigate the company's handling of your claim.
- File a Lawsuit: Your motor vehicle accident lawyer can initiate a personal injury lawsuit against the at-fault party to seek compensation through the court system.
How a Lawyer Handles the Insurance Company After a Motor Vehicle Crash
An experienced auto accident attorney takes the burden of dealing with insurance companies off your shoulders. They manage every step of your claim, from initial communication to final negotiations, allowing you to focus on your recovery.
An attorney's assistance includes the following:
- Investigating the Accident: Your lawyer gathers all necessary evidence, including police reports, witness statements, and medical records, to build a strong foundation for your claim.
- Providing Legal Guidance: An attorney explains your legal rights and options at every stage, offering the clear advice you need to make informed decisions about your case.
- Managing Communications: They handle all calls, emails, and correspondence with insurance adjusters, protecting you from saying something that harms your claim.
- Defending Against Missteps: Your lawyer helps you avoid common pitfalls, like signing overly broad medical authorizations or missing critical deadlines, that could jeopardize your case.
- Calculating Full Damages: An attorney’s experience helps them accurately assess the total value of your claim, including future and non-economic damages.
- Negotiating a Fair Settlement: They leverage their experience in negotiating with a car insurance adjuster to counter lowball offers and fight for the compensation you need.
- Filing a Lawsuit: If the insurance company refuses to offer a fair settlement, your attorney can take your case to the courtroom to advocate for your rights.
FAQ for How To Deal With the Insurance Company After a Motor Vehicle Crash
What Happens If The Other Driver's Insurance Denies My Claim?
If the other driver's insurance company denies your claim, they must provide a reason for the denial in writing. Common reasons include disputes over fault or the extent of your injuries.
At this point, you can provide additional evidence to support your position, or a personal injury lawyer can help you file a lawsuit to pursue your claim in court.
Should I Accept The First Settlement Offer From Insurance?
Accepting the first settlement offer is generally not advisable. Initial offers from insurance companies are often deliberately low and may not cover the full extent of your damages, especially if you still require medical treatment.
Once you accept a settlement, you lose the right to seek any further compensation for the accident.
How Long Does An Insurance Company Have To Settle A Claim?
The time an insurance company has to settle a claim varies by state. Most states have laws that require insurers to investigate and resolve claims in a reasonable amount of time. Delays can occur, but an attorney can put pressure on the insurer to act promptly and negotiate in good faith.
What if I Already Gave the Insurance Company a Recorded Statement?
If you already provided a recorded statement, the insurance company can use it in your claim. An attorney can request a copy of the transcript to understand what was said. From there, they can prepare a strategy to address any potential inconsistencies or damaging comments, working to limit their impact on your final settlement.
Why Do I Need a Lawyer To Deal With The Insurance Company?
Working with an experienced car accident lawyer provides a significant advantage. An attorney protects your rights, handles complex communications, and has the experience to value your claim accurately and negotiate effectively.
Insurers know how vulnerable unrepresented victims are and press their advantage in those claims. A personal injury lawyer protects you from bad faith negotiations and other tactics that minimize your claim.
Let Us Fight for Your Rights
If dealing with an insurance company feels like a fight you’re not prepared for, Auto Injury Litigation Center is here to help you. We’ll stand up for your rights and work to secure the compensation you need to move forward.
We have the experience and skill to take on insurance companies and advocate for your best interests. Call us today at (866) 933-0623 or contact us online to schedule a free consultation.