When you’re involved in a pedestrian accident in Florida, the following weeks and months are incredibly difficult. Not only are you dealing with the physical pain of your injuries, but there’s also the emotional stress of how these injuries will affect your life. As you begin the process of filing an insurance claim, you’ll quickly discover that not everyone is always on your side. Insurance companies have a playbook of tactics designed to minimize your claim, but attorneys can help balance the scales. Today, we will take a closer look at those tactics and show how an experienced personal injury lawyer can help you get what you deserve after a pedestrian accident.
Understanding The Basics of Florida Pedestrian Accidents
Florida consistently ranks high in pedestrian accidents and fatalities – in recent years, Florida was the 2nd deadliest in the nation. These accidents often result from drivers’ distracted driving, failing to yield the right of way, and speeding through pedestrian crossings. Florida and local municipalities have tried to stop these accidents by introducing pedestrian crossings where drivers must come to a complete stop. Still, these locations are sometimes sites of the worst pedestrian accidents.
The consequences for pedestrians are dire – unlike a car accident, nothing protects you from the full force of impact. Injuries range from minor scrapes to life-altering conditions, and even fatalities are common. If you were injured as a pedestrian, you should contact an attorney today for your free consultation.
Insurance Company Tactics to Minimize Claims
Tactic 1: Disputing Liability
One of the first lines of defense for insurance companies is to challenge who is at fault in pedestrian accidents. It’s not uncommon for insurers to question the pedestrian’s actions, suggesting jaywalking or ignoring traffic signals. This tactic aims to shift some or all blame onto the victim, potentially reducing the compensation they’re obligated to pay.
Counteraction: Personal injury lawyers counter this by meticulously gathering evidence to build a solid case for the driver’s liability. The more they can prove, the more you stand to gain in compensation.
Tactic 2: Downplaying Injuries
Adjusters are skilled in minimizing the severity of injuries to lower the insurance payout. They might suggest that the injuries are pre-existing or not as severe as claimed.
Counteraction: To combat this, personal injury attorneys work closely with medical professionals to document the full extent of injuries. Injured parties should also do their best to stay out of the public eye and limit the ammunition that insurance companies can use against them.
Tactic 3: Delaying the Claims Process
Another common strategy is the intentional delay of the claims process. By dragging out the proceedings, insurance companies capitalize on the financial pressure accumulating on the victim. The longer it takes to settle, the more desperate the victim may become, potentially leading them to accept a lower settlement.
Counteraction: Personal injury lawyers anticipate and counteract these delays by aggressively pushing for a timely resolution. Neither side wants a drawn-out battle. Once insurance companies understand that a skilled attorney represents you, they are more likely to start working toward a fair settlement.
Tactic 4: Offering Quick, Lowball Settlements
Opposite but similar to tactic 3, insurance companies may start by offering a quick settlement in hopes that an uneducated party in need accepts it without much thought. These initial offers are usually far below what the claim is worth, preying on the victim’s lack of knowledge or desperation.
Counteraction: A personal injury attorney’s expertise allows them to review the offer in the context of the full extent of your damages, including future medical costs, ongoing care, and pain and suffering. If this offer isn’t fair, they will continue the fight.
Tactic 5: Misrepresenting Policy Terms
Another tactic involves the misrepresentation or complex interpretation of insurance policy terms to victims, suggesting they are entitled to less compensation than the policy actually allows.
Counteraction: Personal injury lawyers shine in their ability to interpret and leverage policy language to the victim’s advantage. They meticulously review the policy details, clarifying the coverage scope and contesting the insurer’s interpretation if it unduly limits the victim’s compensation.
You should never assume that an insurance company that makes money by limiting insurance payouts will give you a 100% fair settlement unless you fight for it. If you need a team of skilled attorneys to help you after your pedestrian accident, call Probinsky & Cole today.
