personal injury lawyers
Fighting for maximum injury compensation for you and your family
No Fees Until We Win
Eight Signs That The Insurance Company Is Trying To Low-Ball Your Claim
1. The insurance adjuster offers you a settlement right away.
If an insurance adjuster is pushing you to settle your claim almost immediately after the accident happened, this should be a warning sign to you. They know that your injuries are serious and that the claim will be expensive if they do not settle it quickly. It is not unheard of for adjusters to show up while people are still in the hospital trying to get them to sign off on a claim.
Compensation claims are not simple proceedings. They are complex legal issues that require research, documentation, and proof. You should not even consider settling a case until you have received your maximum medical improvement (MMI) rating from your doctor. Only then will you know the full extent of your losses.
Call a NJ car accident lawyer immediately.
2. The insurance adjuster uses high-pressure tactics.
They may come to your hospital room, call you first thing in the morning, and several more times during the day; they may even ask for your spouse to be present when they speak to you so that they can encourage them to pressure you into signing.
Your best solution to this is to refer them to your attorney.
3. They tell you that there is no time to get an attorney involved.
This is simply a lie. The Statute of Limitations gives you two years from the accident to seek compensation for your injuries. If they tell you that you do not have time to speak to an attorney, it is because they know this is a high-dollar claim.
4. They ignore evidence so that they can undercut your claim.
Dismissing evidence is a way for them to try to make the accident your fault, at least partially. The laws of liability, however, come into play for an accident, and they cannot ignore evidence just to make their claim smaller.
The only thing that you have to do as an injury victim is prove the following:
• There was a duty of care for the other person to operate their vehicle safely
• That duty of care was breached, causing the accident
• That breach caused your injury
• That injury caused you financial harm
If you have the evidence to support all four of these requirements, the insurance company can not ignore the evidence and try to dismiss your claim.
5. They question the validity of your injuries.
Insurance companies like to question the validity of the injuries because they want to be able to say that the injuries are a result of something else or caused by a preexisting condition.
To protect yourself from this type of action, you should:
• Take pictures of your injuries right after they occur
• Have copies of your medical records and x-rays showing the injuries and the dates associated with those records and films
• Ask your doctor to clarify in their records that these injuries are a result of the accident.
You should also keep a journal of your injuries and how they impact your life. This journal should be written by you and dated. Keep any supporting evidence with it, such as new pictures and doctor or therapy records.
6. They refuse to explain how they came up with the settlement figure.
Your settlement offer should contain many different forms of compensation. These types of compensation will be based on the facts of your case and may include payments for:
• Current and future medical care for your injuries
• Long term care if necessary
• Lost wages and benefits
• Future earnings capacity
• Pain and suffering and emotional duress
• Cost of services
• Loss of companionship
Other forms of compensation may be available for you. Your personal injury attorney will know exactly what forms of compensation you are entitled to and how to reach a fair amount for each of those types.
If the insurance company cannot tell you how they came up with their compensation offer, you can bet that they have overlooked many forms of compensation and have undercut the ones they did offer.
7. They try to blame you for the accident
If the insurance company can prove that you are more than 50 percent responsible for the accident, they do not have to pay for your claim. Additionally, in a comparative fault state, if they can show that you are any percentage responsible for the accident, they can reduce your claim by that percentage.
This is one of the most important reasons to have an attorney manage your claim. You need to have experts show how you are not at fault for the accident so that your claim is not reduced.
8. The insurance company goes silent.
One way to make an injury victim panic is to not answer their calls or to follow up on anything concerning the claim. This “radio silence” is very unnerving for some people who then begin to think if they do not accept the low ball offer, they will not get anything at all.
This is one of the nastiest tricks that insurance companies play on people who are already in a delicate state of mind from the overwhelming burdens caused by accidents.
Could you contact your attorney if the insurance company stops communicating with you?
They will get the process rolling again.