If you’ve been in a car accident, you could suffer substantial damages. You will likely face significant medical bills, both now and down the road. While you recover, you probably won’t be able to work. And you may not ever be able to return to your previous job, at least at the same capacity, potentially costing you untold sums of money in lost future earnings and benefits. Accident victims have the right to file a claim against the party that caused these and other losses.
Insurance companies are well aware of this, and usually move to quickly settle claims for the least amount of money possible. They also use a number of tricks against the victim, again with the aim of paying little or even nothing. Without legal counsel representing your interests, you might settle for far less than your claim is worth. California car accident victims have a trusted partner in Text Kevin Accident Attorneys.
Tricks That Insurers Use Against Car Accident Victims
You can expect to hear from the at-fault driver’s insurance company fairly soon after you’ve been in a wreck. The first thing to keep in mind when dealing with insurance companies is this: they are not on your side. Although the adjuster may sound sympathetic on the phone, the insurer is ultimately a for-profit business. They have a vested financial interest in denying or underpaying claims.
With that in mind, you need to know about some of the tricks that these companies often use against accident victims:
Recorded statements. If you receive a call from the at-fault party’s insurance company, you will probably be asked to give a recorded statement. Or the call might even be recorded without your knowledge or consent. Either way, you should refuse to give a recorded statement and refer questions to your attorney.
The only reason the insurance company wants to record a victim’s statement is to protect their own bottom line. Insurers will review other evidence in the case, like your medical records or the police statement, and compare them to what was said in the statement. Any inconsistencies, real or imagined, will be used as an excuse to deny your claim.
Don’t run the risk of being tricked by the insurer and being cheated out of fair compensation. Refer the insurance company to your lawyer.
Private investigators. The insurance company does have the right to hire a private investigator. Doing so makes sense, from their perspective, because the company wants to know if you’re really hurt. The problem isn’t with the use of private investigators, but instead with the information collected.
As an example, your doctor might suggest work restrictions because of your injuries. Let’s say you follow these consistently for the most part while you recover. But what if, out of habit, you slip up and accidentally deviate from those limitations. This single event could be recorded and brought up against you later, while all of the times that you followed the restrictions are conveniently ignored or lost. Your lawyer will work to prevent this type of unethical misuse of evidence.
Medical releases. It is common practice for the insurance company to send the victim a medical release form. That’s because the insurance company wants to know how bad your injuries are since they might have to pay for them. But beware the general medical release.
A general release might expose your entire medical history to the insurance company, which could then use it to undermine your claim. For instance, the insurer might learn that you have a preexisting injury. If it does, the company could try to deflect blame away from the at-fault driver and focus instead on that injury. This unfairly puts the victim on the defensive. You should always have an attorney review any insurance documents before you sign them.
The Insurer Probably Won’t Pay the Fair Value of Your Case
Another way that you might end up with less than you deserve is if you settle your case before fully reviewing what it is worth. Accident victims often do not want to deal with the stress of an accident lawsuit or claim, and would rather take a quick settlement from the insurer simply to be done with it. If you do this, however, the insurance company will require you to release any and all claims you might have had against it or the driver. That means if you discover later that the amount of compensation is too low, you will never be able to ask for more money.
This might not seem like a big deal at first. You might even evaluate your existing bills and missed time from work and determine that the settlement offer is fair. But has the insurance company accounted for more subjective damages like pain and suffering or emotional distress? Have your future losses such as medical bills and lost earning capacity been figured into the settlement amount? The answer to these questions is probably no.
How will hiring an experienced car accident attorney make a difference? The right lawyer will:
- Thoroughly investigate the car accident to uncover all relevant facts
- Work hard to make sure that all parties that can be held liable (not necessarily just the other driver) are named as defendants
- Retain the services of expert witnesses, such as a vocational or medical expert, who can testify about your potential future damages
- Used the information gathered to calculate a fair dollar value for your accident
- Negotiate zealously with the insurer to help you receive the compensation you really need to recover
Hire A Lawyer To Defend Your Right to the Damages You Deserve
Remember, the insurance company wants to dispense with your case for the least amount possible so it can move on to the next. Don’t let yourself be denied a fair amount of damages. Text Kevin Accident Attorneys are here to represent the best interests of California car accident victims. We also have advice for what to do if the driver’s insurance company refuses to pay for your injuries. Reach out to us today to learn more.
