Dealing with insurance companies after a car accident can be frustrating and confusing. Insurance companies have financial incentives to minimize payouts, which can lead to some questionable tactics. As an accident victim, it’s important to understand common insurance company tactics after a car accident so you can protect your rights to fair compensation. This article will provide an overview of tactics insurance companies may use after an accident and how to respond.
Investigating the Accident
Insurance companies will thoroughly investigate the accident, looking for ways to reduce their liability. They may send representatives to take photos of vehicle damage and the accident scene. They will obtain police reports, interview witnesses, and review medical records. This allows them to build their defense against injury and damage claims.
As the victim, you should hire a car accident lawyer Laredo TX to conduct your own investigation. Take photos of vehicle damage, injuries, and accident scenes as soon as possible. Obtain witness statements and police reports. Consult an attorney, who can help collect evidence and counter the insurance company’s version of events.
Delaying the Claims Process
Insurance companies often delay claims in hopes the mounting pressure will convince the victim to ultimately accept reduced compensation just to be done with it all. Some common delay tactics include:
- Requesting certain documentation and then deeming it inadequate when provided.
- Conducting excessively long and drawn out investigations by continually claiming they need more information.
- Delaying or denying approval for procedures, tests, treatments, or medications recommended by medical providers.
- Avoiding phone calls and emails for weeks, causing communication breakdowns.
- Forcing negotiations and meetings to be rescheduled at the last minute.
Don’t allow delays to pressure you into accepting an unsatisfactory settlement. Be proactive by promptly providing all requested documentation, following up frequently if you encounter delays, and noting every communication attempt. Hire an attorney who can put pressure on the claims adjuster and their supervisors to move the process forward in a timely manner.
Disputing Injuries and Medical Treatment
Insurance companies will commonly dispute the extent of accident injuries, their relation to the collision, and the necessity of ongoing medical treatments. They may claim some or all of the injuries are pre-existing conditions unrelated to the accident, hoping to offload culpability. Or they will argue certain diagnostic tests, procedures, medications, or other treatments recommended by doctors are excessive, unproven, or unnecessary.
Be prepared to defend your injuries and treatment decisions. Have medical providers clearly document how the injuries resulted directly from the accident. Gather past medical records to demonstrate the conditions did not exist before the crash. Have doctors justify in writing why they are recommending certain treatments for your specific injuries. Retain an experienced Laredo car accident lawyer who can further advocate for your injury claims and rebut any disputes from insurance company doctors.
Lowball Settlement Offers
Insurance companies almost always start with absurdly low initial settlement offers, hoping desperate, uninformed victims will accept out of financial necessity. They may claim there are policy “limits” on pain and suffering payouts, or question whether the victim is really experiencing much discomfort at all. Some may threaten that the initial offer is only “on the table” for a short time before they dramatically lower it.
It is important that accident victims refrain from jumping at these first lowball offers. An initial settlement offer is merely a starting point meant to anchor expectations unreasonably low. Victims have leverage to negotiate and hold out for fair compensation accounting for the full impact of losses. An attorney can use litigation pressure and negotiation tactics to secure a result more in line with actual damages.
Pressuring Quick Settlements Before Realizing Full Losses
Insurance companies regularly try to push victims into settling immediately before they fully realize their complete losses and legal rights. Settlement negotiations often begin shortly after the accident when the victim is still overwhelmed and recovering. Insurance representatives may insist on settling as quickly as possible, claiming the offer is “more than fair” and “won’t get any better” with time. They may threaten to substantially reduce or withdraw the offer if the victim does not accept immediately.
However, it takes time to fully account for the physical, emotional, and financial impact of injuries. And accident victims are often uninformed about their legal rights early on in the claims process. Avoid rushing important decisions about accepting a settlement while you are still recovering and do not yet have experienced legal advice about the true potential value of your claim. A qualified personal injury attorney can deal with unreasonable insurance company settlement pressures and obtain full compensation for your losses when the time is right.
Shifting Blame to the Accident Victim
Insurance companies routinely look for ways to pin some or all of the blame on the victim in order to reduce payouts. They may take statements out of context to allege you were distracted or not paying attention before the collision. Or they may claim you were driving recklessly or unsafely in some way like speeding, ignoring traffic signals, or improper lane changes. Insurance representatives also often scrutinize whether the victim was wearing a seat belt and attempt to use lack of seat belt use to reduce the claim’s value even when this is prohibited by law. Similarly, they dig through your background for anything to use against you, like past accidents or traffic tickets.
Do not accept blame or responsibility when the policyholder or other driver clearly caused the accident. Politely refute inaccurate accusations that attempt to shift fault onto you as the victim. Make it clear the other negligent driver is solely responsible for causing the crash and your resulting damages. Hire an experienced attorney who can stand up to unwarranted accusations and keep the focus on the at-fault driver’s liability.
Take Control of Your Claim
The best way to deal with insurance company tactics is to take control of your claim from the start. Document everything, conduct your own investigation, get experienced legal advice, and don’t settle for less than fair compensation. An attorney knows how to handle pressure tactics while building leverage for a full settlement.
If you or a loved one has been injured in an auto accident in Texas, contact the experienced attorneys at Karns & Karns Personal Injury and Accident Attorneys for a free consultation at 800-4THE-WIN (800-484-3946). We have years of experience successfully fighting insurance companies and getting accident victims the maximum compensation they deserve. Don’t let unfair insurance company tactics keep you from the financial recovery you need. Call now to schedule a free case review.
