How Insurance Companies Try To Minimize or Deny Car Accident Claims
When you file a car accident claim against a negligent driver’s insurance company, you might expect to receive fair compensation for your damages without facing pushback or delay. However, this is rarely the case. Injured people often fight to get the insurance company to treat them fairly. Insurance companies are businesses like any other, and some of these companies are only concerned about their bottom line. Unfortunately, this often means claimants are paid less than they deserve or denied compensation altogether. In this article, our Long Island car accident lawyers discuss some tactics insurance companies use to minimize or deny car accident claims.
- Making a Quick (Lowball) Settlement Offer
One of the most common tactics insurance companies uses is contacting injured individuals soon after the accident and offering a settlement. Usually, insurance companies make quick settlement offers to crash victims before they have had time to fully assess and understand the extent of their injuries or speak with a lawyer. The insurance company knows you are most likely stressed, possibly out of work, and looking for fast financial relief. They hope you will accept quick compensation immediately.
Tip: Don’t accept a settlement offer or sign anything before consulting an attorney. Remember, if you take the first offer, you may not be able to seek further compensation if your injuries worsen.
- Downplaying the Severity of Your Injuries
The at-fault driver’s insurance company might try to minimize the severity of your injuries, or claim they are pre-existing, in an attempt to reduce the value of your claim or get out of paying altogether. They might argue that your injuries are not as severe as you claim or that you are exaggerating. In New York, if your injury does not meet the serious injury threshold, you may be barred from pursuing a personal injury claim.
Tip: Medical records (even those of a prior claim or injury) can help you prove the severity of your injuries. So, ensure you keep thorough documentation and avoid gaps in medical care.
- Blaming You for the Accident
New York is a comparative negligence state. An injured party can still recover compensation even if they are partially to blame for their accident, but sharing blame for the accident results in reduced compensation. Insurers may try to wrongfully accuse you or exaggerate your role in the accident to reduce their payout.
Tip: Avoid admitting fault and be careful with your statements. Let your lawyer handle all communications with the insurance company.
- Failing To Account for All Your Damages
In New York, car accident victims can pursue compensation for economic damages such as medical bills and lost income, as well as non-economic damages such as emotional distress. Often, insurance companies overlook or undervalue non-economic damages.
Tip: Document everything, track expenses, keep medical records, and work with a skilled attorney to ensure all damages are fully accounted for.
- Asking for a Recorded Statement
Giving an insurance adjuster a recorded statement might seem harmless, but your words can be used against you to undermine your claim. Even a casual remark like “I’m feeling okay” can be twisted to suggest you were never seriously injured.
Tip: If an insurance adjuster asks for a recorded statement, politely decline and let your attorney speak on your behalf.
Contact Us for Legal Help
Contact our Long Island car accident lawyers at Jacobson Law at 631-661-2030 or online for help seeking the compensation you deserve.
Source:
nysenate.gov/legislation/laws/ISC/5102
