Insurance companies use shifty tactics in order not to pay out claims. After all, The American Association for Justice compiled a white paper on the subversive methods used by major car insurance companies to protect their billion dollar profits. As a business, they pay top lawyers to defend cases, and they try to ensure that the maximum policy amounts rarely get paid. The only exception is if you have a legal representative yourself to help you with your case. Here’s how to deal with insurance adjusters in personal injury cases efficiently.
Although many fender bender car accident claims can be remedied with a DIY approach if you know what you’re doing, in personal injury cases, it’s best to have an attorney to negotiate for you when you’re filing an auto insurance claim that goes to court.
An attorney can help you deal with insurance adjusters in personal injury cases since they can:
- Collect important evidence.
- Monitor and advise on medical complications.
- Decide on a fair settlement.
- Negotiate an offer and counter offer.
- Submit the correct paperwork.
- Take any unreasonable claims to court.
1. Collect important evidence.
Personal injury attorneys have seen numerous car accidents, and experienced ones have settled multiple cases so they will know just what paperwork you need to have to create the best case. They’ll tell you how to obtain the police report, any medical records, any evidence on the scene (photos and videos), they can gather witness testimony, and more. A trusted attorney is someone who is on your side, and it’s in everyone’s best interest to get you the full compensation you deserve.
2. Monitor and advise on medical complications.
Since experienced attorneys have seen many personal injury cases, they know that injuries often take time to develop. They will be able to advise on medical complications, give you an idea of the long-term effects, and monitor your well-being along with your doctor.
3. Decide on a fair settlement.
Any experienced personal injury attorney knows all of the costs of a car accident. An individual may only consider medical bills and fixing the vehicle as expenses without considering the personal taxation and cost. So, your attorney can decide on a fair compensation amount to cover the costs of time out of work, extra childcare costs, lost earnings, emotional damages and more.
Furthermore, especially in personal injury cases, you may have a scenario in which you may lose your job because you’ve been in and out of the hospital and to doctor’s appointments, physical therapy, psychiatric appointments, and more, and an attorney can also calculate the cost of any future treatments needed as a result of the car accident too.
A good attorney will know that the figure then needs to be multiplied by 10-30% in anticipation of the insurance company's back and forth with offer and counter offer.
4. Negotiate an offer and counter offer.
Settling personal injury cases can take weeks, sometimes months, and - at the top end - years, so the back and forth with the insurance company may be tiring and cumbersome. But the right personal injury attorney will anticipate these offers and counter offers and get your insurance company either to settle in a timely fashion, or they will take them to court.
5. Submit the correct paperwork.
Insurance company policies often have lots of fine print to comb through, and the right attorney will know exactly which paperwork to submit in order to make the claim go through correctly the first time. Since people don’t often have car accidents even every year - and every accident is different - it’s hard to know what to submit if you do not have someone helping you. In some horror stories, insurance claims adjusters switch you from person to person, or - worse - don’t call back in an effort to make you give up or settle for less. Having an attorney will ensure you don’t get messed about in the process.
6. Take any unreasonable claims to court.
If your attorney and your insurance company cannot come to an agreement, the attorney may decide to take the case to court, especially if the insurance company has caps on the policy that will not fully cover your damages. Insurance companies try their hardest to settle out of court, especially in personal injury cases, because - depending on how badly you’re injured - a judge will always vote in favor of the injured party and may award settlements astronomically higher than the insurance company would want to pay.
Contact Coxwell & Associates, PLLC for a free case consultation on your personal injury case.
We have over 36 years of experience helping people like you win fair settlements in personal injury cases. We will be by your side every step of the way, ensuring you get what you deserve. Contact us today for a free case consultation.
Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.