Does your auto insurance carrier show commercials on TV? Most insurance company ads follow the same theme. They present a worst-case scenario involving the destruction of your home or car and then offer to be “the solution.” In reality, those same seemingly benevolent insurance carriers are really focused on their bottom line. The fewer claims they pay out, the bigger their profit margin can become.
That’s why every insurance company has a portfolio of tactics they turn to that can hurt your car crash case.
Is there a way around those tactics? There are two approaches you should take to ensure you get the maximum benefits you’re entitled to from an accident that was not your fault.
The first is to contact an experienced Louisville car accident lawyer, like the ones you’ll find at McCoy & Hiestand, PLC. Our legal team has combined decades of experience taking on all the major insurance carriers on behalf of our clients. We’re all too familiar with the tactics they deploy and are prepared to meet them head-on.
The next step is to become aware of what these tactics are all about.
Here’s what you need to know about the claim process and how insurance companies might not be acting in your best interests:
The Goal of Insurance Adjusters in Kentucky
Filing a claim is one of the steps you need to take after a car accident. The moment you file a claim with an insurance company, a case file is generated. That case is assigned to an insurance adjuster. This person will be responsible for assessing your damage and evaluating your claim. They might present themselves as objective and just seeking the truth by pursuing the facts and evidence.
The reality is that the adjusters most often work for the insurance company. That means that no matter what they might tell you to get on your good side, their default position will always be to support the carrier.
Here’s what an insurance adjuster does:
- Investigate the claim
- Determine coverage
- Assess damages
- Negotiate settlements
The insurance adjuster is well within their rights to do any of the above. It is vital that you have an experienced car accident attorney acting as your advocate who will take over the communications with the adjuster to ensure you’re getting what you’re due.
Why You Should Avoid Giving a Recorded Statement
Filing an insurance claim involves collecting evidence. Part of that evidence will be your statement about the accident and its aftermath. An insurance adjuster will attempt to reach out to you to get your version of the accident on record as a recorded statement.
Although they might ask for permission, under Kentucky law, they are allowed to record a conversation without consent. That is why you should always start any conversation with an insurance company representative by asking if they are recording the call.
It’s vital that you carefully consider providing a record statement. You risk sharing inconsistencies between your initial report to the police and later recollections. Those inconsistencies can cast doubt on the veracity of all your statements.
If you’re asked, “How are you feeling?” your response might initially be to say, “Fine.” That could be misinterpreted as suggesting you weren’t seriously hurt, which could undermine your claim.
Bottom line: Any recorded statement by you “locks in” your testimony. That is why you shouldn’t speak to an insurance company adjuster without first speaking to your car accident attorney.
The Danger of Accepting an Early Settlement Offer
In their efforts to close out a claim, an insurance company might offer you an early settlement. This could be a lump-sum payment that seems like a lot of money and would make a difference if you had it in your bank account today. The concern should be whether that settlement offer is enough to compensate for all your losses, both current and future.
What if your condition worsens? What if you need to stay out of work longer? This doesn’t mean you need to wait until you’re fully healed before accepting a settlement, but you should provide yourself with enough time to get a complete medical prognosis of your future. It is important to keep in mind that a first offer does not have to be the last.
How Insurance Companies Use Medical Record Authorizations
When you become injured in a car accident, the insurance company won’t just take your word that you’re hurt. They need to see your medical records. There is nothing wrong with that because those records can help establish the extent of your injuries.
Unfortunately, the medical authorization you provide can give the insurance company access to your entire medical history. That access will let them comb through your records to find a pre-existing condition. They could then claim the pain you’re experiencing is from that previous injury.
That can reduce the amount you might be asking for to compensate for pain and suffering.
Delayed Communication and Intentional Claim Stalling
As you go through your post-accident recovery journey, you can start to feel the stress of your mounting medical bills, lost wages, and the money it will take to fix or repair your car. An insurance company can exploit that by delaying communications with you and stalling the claim. That can create pressure on you might make you more eager to take that lower settlement offer.
Social Media Surveillance and Its Impact on Your Case
If you enjoy connecting with friends and family on social media like Facebook and Instagram, you might feel compelled to share what happened with the accident and your recovery. The insurance company will be looking for those posts to see if you’re engaging in activities and enjoying life. They could then use that as proof that you’re not in pain or suffering.
Protecting Your Claim with a Louisville Car Accident Lawyer
After a crash that was caused by another driver’s negligence, protecting your claim isn’t just about submitting a claim with the insurance company. It’s about securing the full compensation you deserve while you focus on recovery.
When the dedicated attorneys at McCoy & Hiestand, PLC agree to take on a claim, we will handle all communications with insurance adjusters who may try to undervalue or deny the claim.
Our goal will always be to help our clients confidently pursue every dollar in medical expenses, lost wages, pain and suffering, and other damages that stem from someone else’s negligence. Protect your claim by talking with McCoy & Hiestand, PLC today.
Call to schedule a free consultation. You’ll be glad you did.
