If you have experienced an accident or suffered a slip and fall, you may be trying to get a settlement from your insurance company. While every company is different, and your insurance agent may be a wonderful person – in general, most attorneys will recommend never taking the first settlement offer. This is because the insurance company is motivated to pay you are little as possible. Therefore, they rarely have your best interest at heart. While they are obligated to provide reimbursement based upon the terms of your policy, there are several insurance company tactics you should know about. These tactics are meant to limit the amount of money they pay you.
If you have suffered only a minor injury or damage, you may feel comfortable working with your insurance company directly. However, if you have a serious medical injury, are amassing medical bills, or want to file a claim with the other party’s insurance company – you may wish to hire a personal injury attorney to represent you and help you with the logistics of negotiation.
If your accident was due to someone else’s negligence, the insurance provider might be looking for ways to “make the problem go away” – for as little cash outflow as necessary. These insurance company tactics are well-known to those who deal with litigation on a regular basis. Keep your eyes and ears open for these strategies, as they can hurt your ability to get the compensation you deserve.
1. Partial Medical Bill Reimbursement: Often, the insurance company will allow you to continue with necessary medical treatment and infer that the treatment will be covered. But when the bills come due, the insurance company hedges and inform you that they will only cover a portion of the total bills, leaving you with the balance. If you don’t accept their first offer, they will often drag their feet and delay paying you as long as possible, making it difficult for you to get by and more likely to accept a lesser amount.
2. Quick Money Settlement: Insurance companies will typically offer a settlement promptly after the accident, sometimes only a day or two. You may still be in the hospital, dealing with confusion or pain, or awaiting your long-term prognosis – so accepting the first cash settlement offer is almost always not enough to cover your actual expenses. The truth is, at that point, you do not have all of the information that you need to make a decision. Further, the first offer is genuinely not a fair representation of the money you deserve, they are simply trying to pay you a few bucks and close the file. Don’t rely on the insurance agent to operate in good faith. If you take their offer, the matter is considered closed, and you cannot pursue any additional money if your situation progresses.
3. Attached Offer Deadline: The insurance company will often dictate a deadline for acceptance of their offer, insinuating that you will lose out if you do not act immediately. Never accept a settlement offer until the course of your medical treatment is completed and/or you have a clear understanding of the long-term implications of your injury. It may be weeks before you understand the true nature of your future income loss or minimized physical ability.
4. Win You Over: Insurance adjusters are often amiable, sympathetic, and very easy to talk with. It is easy to fall into a conversation and assumes that they really care about you and are looking out for your best interest. But they are listening for something that can allow them to pay you less. If they ask you to make a recorded statement. refuse – and keep off your social media account for the duration of the negotiations. (Why should you stay off social media?) They may even tell you that you don’t need to seek legal representation. If you hear that advice, do the opposite and call a Sarasota personal injury attorney immediately.
5. Pre-Existing Conditions: Insurance companies will often try to establish that you had pre-existing conditions and that your injuries were not due to the accident. If they can do this, they can avoid payment.
While we understand that not every insurance company engages in these methods – and your insurance agent may be innocent of these practices – you must be aware of the possibility of losing compensation. Calling a Sarasota personal injury attorney as soon as possible after your accident is a smart strategy. Probinsky & Cole is the team of professional personal injury attorneys that you need to represent you.