After a car accident, people can assume that everyone they speak to is on their side. Unfortunately, even though you may be dealing with your own insurance company, you have to be very careful to ensure that your interests are being protected. Insurance company tactics are often utilized to ensure that their settlement payout is as minimal as possible.
To make sure that you receive the compensation you deserve, you’ll need to understand how the insurance company tries to decrease your award.
Approximately 2 million injuries are a result of traffic accidents across the country annually. Of course, not all of those result in personal injury claims or legal action – however, it is still enough to motivate insurance companies to mitigate their exposure. One of the most common methods they use is delay tactics. Delaying the process and putting off payment can be especially distressing for an accident victim who needs the compensation to help pay for medical bills and make up for lost wages. This tactic alone is a good reason for bringing in professional legal assistance in the form of a personal injury attorney who is well versed in the habits and tactics of the insurance company.
Identifying Insurance Company Tricks
Insurance agents are trained to use sympathetic language to lull you into a false sense of security. They will express condolences on your accident and ask all kinds of questions. Unfortunately, they are likely listening for verbal cues that will allow them to minimize your settlement. For instance, they may ask, “how are you feeling today?” If you answer “I feel pretty good, thank you,” they can use those words to prove you aren’t as injured as you claim. Here are some other tricks to look out for:
Establishing Fault: While you may be adamant that the other driver was 100% at fault for the accident, the insurance company is motivated to find some reason to allocate some of the fault to you. If they can assign you some of the fault, they don’t have to pay as much as they would if you were purely a victim.
Requesting Documentation: It may seem harmless to provide the insurance company with your medical records. After all, they need to know the extent of your injuries to pay you – right? However, they are often looking for any pre-existing conditions that will allow them to reduce your payout and the compensation you deserve.
Listening for Statements: The insurance company will call you soon after the accident, and the call will sound sympathetic and full of concern for your wellbeing. However, they are trying to get you to accidentally reveal something about the accident that may help to reduce their payout. For instance, if the accident was late at night, you may offer, “I was so tired, I just wanted to go home.” Never make any statements or divulge any information to the insurance company without speaking to an attorney.
Offering a Quick Settlement: This is the counterpart to delay tactics. Insurers understand that victims are often anxious to receive their claim, as they are not working and racking up medical bills. They will offer a quick settlement to pay you quickly before you realize just how much your claim is worth. Individuals should never accept the first offer from an insurance company. A personal injury attorney is well-versed in what you deserve based on your case and can advise you about offered amounts. If you turn down the first offer, they typically begin stalling to drag the process out and make you desperate for any payment.
Statute of Limitations: In some cases, the insurance company may stall to run out the statute of limitations. Every claim and lawsuit must be filed and pursued within a specific period of time. If the time runs out, you will not be allowed to pursue a settlement. This is another area where a personal injury lawyer can be a great benefit.
Ask for Help After an Accident
Immediately following an accident, you may be injured, confused, and even scared about the future. It is this vulnerable state that they try to exploit to pay you as little as possible. The best strategy is to enlist the help of an attorney as soon as possible. They can take over the negotiations and help you work towards the best payout potential for your situation.
Probinsky & Cole are personal injury attorneys with offices in Sarasota, Orlando and Tampa.
