Being in a vehicular accident is stressful enough – having to deal with what comes after the fact can be even more so, especially since it requires speaking with the insurance company. While one subscribes to insurance policies to be safe, and assumes that the providers would be with them at their time of need, the truth is that insurance companies are a stickler to their rules, and tend to find reasons not to part with payouts.
If you are being represented by a private attorney, you need to understand why it is important not to speak directly with any insurance company.
Insurance Companies & their Role (and how Adjusters Come into the Mix)
An insurance company has a major role to play in the event of any accident involving cars. Their main job is to study the claims that have been made and award suitable money to compensate for any damages caused. This appears to be a fairly straight-forward process, with the assumption that insurance service providers would be on the customers’ side. However, the reality is that insurance is a business, and insurance companies try to minimize their expenses as much as possible.
The moment someone reports an accident, a claim is made and the insurance firm is notified of the same. The company then begins the process of evaluating the claim with the help of an insurance adjuster – these are professionals whose aim is to find all the information that will help the company approve or deny payout for a claim. While adjusters are meant to be impartial in their findings, in reality they try their best to lower the payout amount legally – something that comes in direct conflict with the claimant’s compensatory requirements.
Errors Accident Victims Typically Make
An accident victim is someone who is already mentally and/or physically traumatized – it is not an unfair assumption that they could make decisions or take actions with little-to-no thought.
The biggest error in this regard is them assuming that working directly with the adjuster will allow them to get the claim approved faster – in reality, this is rarely the case.
Victims might also end up giving a statement that could be used to disprove their claim. Statements that include the words “I guess” or “sorry” can be used to interpret the situation as admitting guilt – it is virtually impossible to take such statements back or offer any clarifications.
Accepting the insurance company’s first offer of settlement is yet another commonly-made mistake. While it might seem like the right thing to do, what many people do not understand is that first offers are generally much lower than the required amount. Accident victims often do not understand the repercussions of this – a lower-than-required payout falls short when it comes to covering expenses, which can cause financial issues and lead to further debt.
Why Adequate Legal Representation is Important
Being represented by a competent attorney can make a great difference when it comes to insurance claim payouts. Attorneys have great experience in dealing with insurance providers and getting them to settle for amounts suitable for their clients. Accident Attorneys help their clients read the fine lines of their policies and make sure that their interests remain protected.
Attorneys build bulletproof cases through aggressive and consistent gathering of evidence; this includes (but is not limited to) things such as eyewitness statements and medical records. This helps them get bigger payouts and settlements – something that most individuals fail to do.
Last but not least, attorney representation means that they speak with the insurance provider on behalf of their clients. This helps said client avoid making mistakes that could cost them their payout.
How an Insurance Adjuster Works
Having legal representation makes all the difference, but it is also important for accident victims to understand exactly how an insurance adjuster works. To put it simply, the main function of an adjuster is to ask the claimant questions intended to bring out a certain type of response. While they may appear to be friendly and working on the claimant’s side, they represent the insurance company’s financial assets and keep this as a priority above all else.
Insurance adjusters have been historically known to play down the extent of the damages and make suggestions on how the claim made is more than said damages. This makes it extremely important for claimants to keep their papers in order. Having an attorney by their side makes this process more rigorous and helps make a solid legal argument for claims made.
As a rule, claimants should be wary of insurance adjusters who make an attempt to close the case with an initial settlement offer. They might rush the process, aware that the more the gap, the bigger the chance the claimant will have to build a defense to get the claim approved – or even increase it.
The Role of a Recorded Statement
A Recorded statement is one of the many tools that are used by insurance companies to steer claims in their favor. Adjusters make claimants feel that they are obligated to give one – then proceed to use the same against them.
An accident victim is not often in the right mind to speak and might unintentionally end up saying things that could very well go against them. A recorded statement can make this happen faster, by acting as a “source of truth” which could then be twisted and misquoted.
In reality, claimants often face no obligations when it comes to recording their statement. In the event that one is requested from them; they must immediately ask the insurance adjuster to contact their attorney. Attorneys are seasoned in making sure that the process of making the statement does not go against the claimant’s interests by reducing the scope of sabotage through unintentional oversharing.
How Coverage & Insurance Policies Work
Anyone who has ever read an insurance policy is well aware of its complex nature and abundance of legal minutiae. As intimidating as they might seem, it is essential to understand them to have a sound understanding of the coverage offered, and how compensation would work under different circumstances.
In case of accidental insurance, the policy documents are outlined with terms & conditions which enumerate the things the insurance company would cover if an accident happened. While buying the policy, it is crucial to read every clause and ask to clarify any terms that might appear vague. This is where attorneys can be helpful – they can help make clarifications were
Documenting & Gathering Evidence
As with any other legal case, the gathering of evidence happens to be a crucial part of claims pertaining to vehicular accidents. The consistency of documentation (or lack thereof) will determine how strong the claimant’s case shall be. A well-documented case should include extensive photography of the area where the accident happened, thorough recordings of witness accounts, as well as records such as medical reports, receipts and bills.
Getting Adequate Settlement
When it comes to negotiating settlements from an insurance company, one must tread carefully. While insurance companies offer protection in case of mishaps, they are not quick to part with money. For this reason, they may sometimes enter a phase of negotiating – where they might ask claimants to settle for an amount lesser than what was originally claimed.
Being represented by an attorney is a great first step – being seasoned professionals, they understand the fine lines in the process, and can help their clients get a settlement that can cover most – if not all types of losses.
Furthermore, they can help claimants understand how fair their compensation is vis-a-vis the coverage offered and damage sustained. Attorneys can also push cases in litigation, should negotiations end up getting stuck.
Why being Patient is Important
When it comes to the world of insurance (and specifically if you are making a claim), having patience pays dividends – figuratively and literally. Jumping on the first settlement offer is often not in the best financial interest, and can lead to further debt. On the other hand, taking a breath to measure the current situation, along with thorough gathering of evidence can end up with the victim ending up with a better outcome.
Believe it or not, insurance providers often act on the assumption that the victim in question would opt for a quicker resolution above all else. Overriding this instinct by taking the time to measure the damages and other factors in detail can help victims negotiate better compensation.
To Conclude…
If you are the victim in a car accident, you must consider hiring a experienced injury lawyer. They can help you communicate with the insurance adjuster and aid you in getting your deserved compensation. They can also help with other peripheral areas, such as gathering evidence and keep you informed on what your rights are.
Getting your claim from your insurer can be an intimidating process – luckily, you do not need to do it alone. With a suitable support system, you can ensure that you are adequately compensated by the service that you opted for.