How Do Insurance Companies Affect Personal Injury Claims?
Accidents are a standard part of life, whether a collision on a busy road or a slip and fall on a city street. However, filing a personal injury claim after your incident can be time-consuming, especially if a defendant’s insurance company refuses to cooperate. Dealing with this process can also be frustrating when you’re in recovery. As a result, knowing how to deal with insurance companies during a claim could make the process much easier for you.
The Role Of Insurance Companies In A Personal Injury Claim
In personal injury cases, insurance companies mediate between you and the party responsible for your damages. Ideally, they should always ensure you get the compensation you deserve without hurting their clients. Unfortunately, many insurance companies will try to minimize their payouts as much as possible. The less they pay out, the more they can turn a profit. Because of this business model, they’ll promise protection and coverage, but not without finding a way to profit out of the situation.
How Do Insurance Companies Value Your Claim?
Valuing personal injury claims involves a careful analysis of both tangible and intangible factors. Insurance adjusters, the people in charge of evaluating your case, consider factors like:
- Medical bills
- Property damages
- Future medical treatments
- Earning losses
- Pain and suffering
- Emotional damages
To get an accurate claim value, they’ll use a “damages formula” and input your personal information relevant to your case. However, the figure they use won’t always accurately represent your damages.
Common Tactics Insurance Companies Use
In most cases, many insurance companies use underhanded tactics to try and reduce how much they need to pay. Here are a few of the main ones:
Pressuring You To Accept An Offer
Victims are in a vulnerable state post-accident. They may still be recovering or coming to terms with what happened. Many insurance adjusters use this situation to their advantage and present a quick settlement. Since many victims are eager to close the case, they’ll take the reduced payout and move on.
While it’s tempting to take the money, chances are you’re leaving thousands of dollars on the table. Always consult a personal injury attorney to see how much your case is worth.
Shifting Blame Away From Their Client
Insurance companies will look at every detail of the case to shift the blame towards you. And if you live in a comparative negligence state like New York, it’s easy to present even a hint of shared fault. If they’re successful, they can reduce their payout and undermine the damages they’re responsible for.
Downplaying The Damages You Sustained
One of the most common strategies is to minimize your injuries and attempt to make you look like you’re exaggerating them. They’ll question the severity of your condition, dispute the need for specific treatments, or even suggest you return to work sooner to devalue your claim.
How To Fight For Fair Compensation
Your greatest asset in such claims is having as much relevant information about your claim as possible. Keep detailed records of everything, including doctor visits, emergency treatments, medications, therapy sessions, and any other costs related to your damages. Photos of your injuries and the accident scene can also prove invaluable.
Lastly, having witnesses at the scene could help your case. Also, find a professional who can provide unbiased expert opinions on your case’s details. They can offer specific evidence to counteract an insurance company’s tactics.
Get The Compensation You’re Entitled To
While insurance companies have ways to undermine your claim, remember that you have rights. However, you must have appropriate legal representation, especially when dealing with a more serious case. For decades, our experienced New York personal injury lawyers have been protecting victims like you and ensuring they receive what they truly deserve. Schedule a free consultation by contacting us online or calling (866) 506-3694 today.