Fighting the Insurance Company After a Car Accident

Fighting the Insurance Company After a Car Accident

Getting into a car wreck is traumatic enough. Fighting the insurance company after a car accident can add even more stress to a difficult situation. Despite their promises, insurance companies frequently minimize payouts or deny claims, leaving injured individuals vulnerable.

However, with the assistance of a skilled car accident attorney, you can effectively challenge these tactics and secure the compensation you rightfully deserve.

Insurance companies are well-known for their strategic approach to handling claims, aiming to minimize payouts and protect their bottom line. These tactics can significantly affect the outcome of your claim, making it crucial to understand how they operate and how to counter them effectively. The following is a look at some of the most common tactics and ways skilled attorneys defeat them.

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Disputing Liability

One of the primary tactics insurance companies utilize is disputing liability, attempting to shift blame away from their policyholder and onto the injured party or parties involved in the accident.

They’ll do all they can to deny compensation because injuries are expensive. For example, rehabilitation for a severe traumatic brain injury can cost $1,600 a day. Expenses for someone with a severe spinal cord injury can run as high as $1 million in the first year after an accident.

Insurers employ this tactic to reduce the compensation they owe, potentially leaving the injured person without the financial support they need to recover from their injuries and damages.

These are some examples of how an insurer will dispute liability:

• Questioning fault: Insurance companies may argue that their insured driver was not at fault or that the injured party shares some responsibility for the accident. They often use this tactic to cast doubt on the injured party's claim and reduce the compensation owed.
• Challenging witness testimony: Insurers may attempt to challenge witness testimony provided by people who observed the accident. They may question the credibility of witnesses or attempt to discredit their accounts of the events leading up to the collision. By undermining the credibility of witnesses, insurance companies seek to weaken the injured party's case and avoid liability.
• Disputing police reports: The insurer might also argue that the police report contains inaccuracies or inconsistencies that undermine the injured party's claim of liability. By disputing the police report, insurance companies aim to create doubt regarding the circumstances of the accident and reduce their liability.

Defeating the Insurer’s Attempt to Dispute Liability

Challenging an insurance company’s liability disputes requires a comprehensive and strategic approach. This is one of the most challenging aspects of fighting the insurance company after a car accident. However, skilled lawyers have several tools to defeat this tactic.

Some effective strategies include:

• Investigating the accident to collect evidence: Attorneys conduct a thorough investigation into the circumstances of the accident to gather evidence supporting their client's version of events. This investigation may include obtaining witness statements, reviewing police reports, and collecting any available surveillance footage. By compiling compelling evidence, attorneys strengthen their client's case and refute the insurance company's attempts to dispute liability.
• Utilizing expert witnesses: Attorneys may enlist the help of expert witnesses, such as accident reconstruction specialists or medical professionals, to provide objective analysis and testimony regarding the cause of the accident and the extent of the injuries sustained. Expert witnesses can provide valuable insights that support the injured party's claim of liability and counter-arguments by the insurance company.
• Negotiating from a position of strength: Armed with compelling evidence and expert testimony, attorneys negotiate with insurance companies from a position of strength. They present a strong case establishing liability on behalf of their clients and advocate for fair compensation based on the extent of the injuries and damages suffered. By leveraging the strength of their case, attorneys increase the likelihood of securing a favorable settlement for their clients.
• Litigation if necessary: If negotiations with the insurance company are unsuccessful, attorneys may pursue litigation to resolve the dispute in court. By taking the case to trial, attorneys can present evidence and arguments before a judge and jury, who will ultimately determine liability and award compensation. Litigation is a powerful tool to hold insurance companies accountable and secure the compensation their clients deserve.

Downplaying Injuries

Fighting the insurance company after a car accident often means attacking the insurer’s attempt to downplay the extent of injuries. By doing so, insurers seek to reduce the compensation they owe.

Insurers tend to downplay injuries in the following ways:

• Questioning medical treatment: Insurance companies may question the necessity and extent of an injured party’s medical treatment. They may argue that the injuries were minor or pre-existing; therefore, the medical treatment sought was excessive or unnecessary. Insurance companies seek to diminish the perceived severity of injuries by casting doubt on the need for medical care.
• Disputing medical documentation: Insurers often argue that an injured person’s medical records are inconsistent or incomplete. Therefore, those records don’t accurately reflect the extent of injuries sustained in the accident.
• Seeking independent medical exams: Insurance companies often request independent medical examinations (IMEs) of injured individuals by doctors the insurers choose and pay for. These doctors may downplay the severity of injuries or attribute them to pre-existing conditions, providing opinions favorable to the insurance company's interests.
• Using surveillance footage: In some cases, insurance companies may use surveillance footage to monitor an injured person’s activities. By selectively using footage that appears to contradict the severity of injuries, insurance companies attempt to undermine the credibility of the injured party's claim.

Defeating this Tactic

Experienced car accident attorneys employ various strategies to advocate for their clients' rights and secure fair compensation to counter insurance company tactics aimed at downplaying injuries.

Here are just a few:

• Comprehensive documentation: Skilled car accident attorneys ensure that healthcare providers thoroughly document all a client’s injuries. They collect medical records, treatment notes, diagnostic tests, and surgical reports to provide a comprehensive overview of the injuries and the medical care received. By compiling detailed documentation, attorneys strengthen their clients' claims and refute the insurance company's attempts to downplay injuries.
• Expert medical opinions: Lawyers often enlist the help of medical experts to provide objective opinions on the extent of injuries and their impact on the injured party's life. These experts can provide compelling testimony on the severity of injuries, the type of medical treatment needed, and the long-term consequences of the accident.
• Rebutting IMEs: Attorneys scrutinize the findings of IMEs conducted by insurance-selected doctors. They may challenge the credibility of these examinations and seek additional opinions from impartial medical experts.
• Presenting witness testimony: Attorneys may gather witness testimony from friends, family members, or coworkers who can attest to the impact of injuries on the injured party's life. Witness testimony provides firsthand accounts of the individual's pain, suffering, and limitations resulting from the accident, reinforcing the severity of injuries and the need for compensation.

Delaying as Long as Possible

Insurance companies often use delay tactics in car accident cases to prolong the claims process and pressure claimants into accepting low settlements. These tactics can frustrate injured individuals seeking timely compensation for their damages.

Understanding the various delay tactics employed by insurance companies and how attorneys combat them is essential for achieving a fair resolution to a car accident claim.

Here are just a few:

• Excessive documentation requests: Insurance companies often inundate claimants with requests for extensive documentation, including medical records, police reports, and witness statements. They may repeatedly ask for additional information or documentation, causing delays in the claims process. By requiring extensive documentation, insurance companies create barriers to resolving the claim promptly.
• Slow claims processing: An insurer may intentionally delay processing claims by taking an extended period to review documents, investigate the accident, or make decisions regarding liability and compensation. Delays in claims processing can prolong the waiting period for injured individuals, exacerbating financial strain and uncertainty.
• Repeated requests for information: Insurance adjusters may repeatedly request information or clarification on aspects of the claim, leading to unnecessary delays. These requests may involve redundant questioning or the submission of duplicate documents, resulting in frustration and further prolonging the claims process.
• Unresponsive communication: Insurance companies may adopt a strategy of unresponsiveness, failing to promptly return phone calls or respond to emails from claimants or their attorneys. This lack of communication can stall negotiations and slow progress toward a resolution.

Defeating Delay Tactics

Experienced car accident attorneys employ various strategies to combat delay tactics and speed up the claims process on behalf of their clients.

These include:

• Proactive communication: Attorneys maintain open lines of communication with insurance adjusters, promptly responding to inquiries and providing requested information promptly. By demonstrating responsiveness and cooperation, attorneys encourage insurance companies to engage in productive negotiations and advance the claims process.
• Setting deadlines: A car accident lawyer might establish deadlines for insurance companies to respond to communications, review documents, or make settlement offers. By setting clear timelines for action, attorneys hold insurance companies accountable and prevent needless delays.
• Escalating disputes: If insurance companies persist in employing delay tactics, attorneys may escalate disputes to higher levels within the insurance company or involve regulatory authorities. Threatening legal action or filing complaints with state insurance regulators can convince insurance companies to address the claim promptly and fairly.
• Pursuing litigation: In cases where negotiations with insurance companies stall due to delay tactics, attorneys may advise their clients to seek resolution through the court system. Filing a lawsuit demonstrates to the insurance company that the claimant is serious about seeking justice and demands a timelier response to settlement negotiations. About 96 to 97 percent of cases settle before trial, mainly because insurers would rather not deal with the expense of going to court.

Using Evidence to Your Advantage

Rather than accepting the insurance company's initial settlement offer, your attorney will leverage the evidence gathered to negotiate a fair and just settlement on your behalf. This may involve presenting a compelling case to the insurance adjuster and demonstrating the strength of your evidence.

Negotiating a fair settlement with the insurance company requires more than just persuasive arguments — it requires solid proof to back up your claims.

A skilled car accident lawyer understands the importance of evidence in negotiations and can effectively use it to advocate for their clients.

The Police Report

One of the key pieces of evidence used in negotiations is the police report. This document provides an official record of the accident, including crucial details such as the date, time, and location of the collision, as well as the names and contact information of the parties involved and any witnesses.

Your attorney will carefully review the police report to ensure that it accurately reflects the circumstances of the accident and supports your version of events.

In addition to the police report, your attorney will gather other evidence to strengthen your case. This evidence may include witness statements, accident reconstruction reports, and photographs of the accident scene and your injuries.

Stating Your Case

Once they’ve gathered the evidence, your attorney will use it strategically to negotiate with the insurance company. They’ll present a comprehensive case that clearly establishes liability and the extent of your damages, leaving little room for the insurance company to dispute your claims.

Throughout the negotiation process, your attorney will inform you of all developments and guide you on the best action to achieve your goals. They’ll use their law knowledge and negotiation skills to secure fair compensation.

Speak With a Car Accident Attorney as Soon as Possible

Fighting the insurance company after a car accident can be daunting, but it's not impossible. With the help of a skilled car accident attorney, you can effectively challenge the tactics employed by insurance companies and secure the compensation you deserve for the suffering you’ve endured.

Please don’t hesitate to contact a personal injury lawyer. Taking fast action will significantly improve your chances of achieving a positive result in your case.