Insurance Tactics That Can Harm Your Personal Injury Case
Like it or not, if you get into a serious car accident, you’re going to have to deal with an insurance company. In minor accidents where you might have dinged up your car in a mall parking lot, you would reach out to your insurance carrier, submit repair estimates, and hopefully get a check cut to cover the costs right away.
However, if the accident is more serious and caused by another driver, your dealings with an insurance company will become much more complicated.
One reason things can get more complicated is that Mississippi follows a pure comparative negligence model. That means that both parties in a car accident can share in the blame.
If you’re found to be partially at fault, you can still seek compensation, but it would be reduced. For an insurance company, it means they can pay out less if they can shift some of the blame onto you.
That is why you need the backing of a strong Jackson car accident attorney like you’ll find at Pittman, Roberts & Welsh, PLLC.
We have no problem taking on the major insurance companies. Our extensive experience with personal injury claims has given us keen insight into how these companies operate. Our goal is to ensure our clients receive the maximum compensation they are entitled to. We’ll be ready to knock down any of their tactics.
Common Tactics Insurance Adjusters Use to Devalue Claims
The moment you file a claim with an insurance company, it will open a case and have an adjuster assigned to investigate. That adjuster will present themselves as an objective third party interested in getting to the truth. The truth is that the adjuster works for the insurance company, and they will look for any excuse not to pay.
The most common tactics that an insurance company will deploy are the 3 D’s: delay, deny, and defend. This is what those look like:
Delay
An adjuster is obligated to respond to a claim, but they don’t always do so in a timely manner. They can fail to return calls or force you to fill out a litany of forms, all in an effort to slow down the process and frustrate you. If you’re frustrated, you might be more willing to accept a lowball offer to end the process.
If an adjuster delays long enough, you might also give up altogether or decide to sue. Of course, if they’ve delayed past the Mississippi statute of limitations, you won’t be able to file a lawsuit, meaning you get zero from them.
Deny
Yes, an insurance company can deny a claim outright, which shifts the burden back to you to pursue an appeal. They can also deny your claim in other ways, like offering an initial low settlement. That is a denial of how much you are due. Typically, the insurance company will adopt a “take it or leave it” attitude and try to convince you that this is the final and best offer you’ll get from them.
Defend
As mentioned above, Mississippi is a comparative negligence state. That motivates an insurance company to try to assign some of the blame to you. If they are successful, they will be allowed to legitimately reduce the amount of any settlement.
The Danger of Giving a Recorded Statement Too Soon
When an insurance adjuster becomes involved in your claim, they will want to hear your side of the story about how badly you might be hurt and if your car is wrecked beyond repair. To make it official, the adjuster will ask to have their conversation recorded.
You might think that’s a good idea because it protects your interests. That is true, but it can also work against you.
A recorded statement that happens immediately after an accident might not present the full scope of your injuries. You might inadvertently admit that you’re “fine” only to discover later on that you’ve been seriously injured. That’s because injuries, especially internal damage, can have a delayed reaction.
The adjustor might also use leading questions that could inadvertently lead you to admit partial blame for the accident. If you end up clarifying your original statement later on, that first recording can be used to point out the inconsistencies, which can put your entire claim at risk.
That is why you don’t want to provide any recorded statement until you’ve had a chance to talk with an attorney who can explain what you might be able to expect.
Why You Should Not Sign a Medical Authorization Form
When you get into an injury-causing accident and seek medical help, there will be a record of your diagnosis and treatment plan. That is going to be an important piece of evidence for your personal injury claim.
However, you have to watch out for what the insurance company will be asking for. You can share your current medical records that pertain to the injury, but they might ask you to sign a medical authorization form.
That grants them access to your entire medical history, and that can be problematic for many reasons. The insurance adjustor who has access to all your records means they will be looking for any potential preexisting condition or injury that can be blamed for your current injuries.
There could also be an issue with you not yet understanding the full scope of your injuries. Incomplete records could also be used to claim your injuries aren’t as serious as you’re making out.
Protecting Your Personal Injury Case in Jackson, Mississippi
There is a lot you can do to protect your personal injury case, starting with gathering documentation and evidence. You can take photos and videos of your injuries, the damage to your car, and the scene of the accident.
Unfortunately, there will be some evidence that will be out of your reach. You might find it difficult to access surveillance footage from traffic cameras or dash cams from other drivers.
It might also be hard to obtain cell phone data from the other driver, which could show whether they were texting or talking on the phone at the time of the accident.
Although that evidence might not be readily available to you, it can be to the Jackson car accident attorney you’ll find at Pittman, Roberts & Welsh, PLLC. We have helped many clients pursue compensation in accidents that were not their fault. We have a proven track record of success, demonstrating that we know how to stand up to insurance companies. We’ll be prepared for all their tactics.
If you’ve been injured in a car accident that wasn’t your fault, we want to hear what happened. Call to set up a free consultation to provide the guidance you need to decide your next move.
We don’t want any insurance company to prevent our clients from getting what they deserve.
