In a Car Accident? Here Are Two Insurance Company Tactics to Watch Out For
Car accidents are a necessary risk we run every day when we drive our cars. Unfortunately, someone wasn’t being careful enough and hit you. Now what?
Chances are, you’ve done everything we know to do. The police were called and made their report. You exchanged insurance information with the driver who hit you. You went to get checked out in the ER or urgent care (whether by ambulance or driving yourself), and have scheduled an appointment to check-in with your family doctor in about a week.
If they haven’t already, the insurance adjuster will soon call. Here are two tactics to be wary of when that call arrives:
Demanding a Recorded Statement
This first tactic is often deployed within days of a car accident. The adjuster will tell you they “need” a recorded statement, and that your “claim cannot be processed” without one. They may even try to encourage you to provide one with questions like, “Don’t you want to tell us your side of the story?”
A recorded statement is an interview, of sorts, that is recorded and transcribed, becoming a permanent part of the insurance claims file. The first reason the adjuster will try to bully you into giving a statement is to muddy the water on who caused the accident. They will ask the same questions several times, using different wording, to try and trip you up. If they can suggest the accident was even partly your fault, they can justify paying less money than the claim is actually worth.
The second reason they call for the recorded statement early has to do with your injuries. Within a week of the car accident, not enough time has passed for doctors to really assess your injuries and what course of treatment to recommend, or if that treatment will work. Again, this is done in the hope you will use words that underplay or minimize the real effect of your injuries. “I’m just a little sore” does little to convey the impact even a minor car accident can have on your life, whereas “my neck and back ache whenever I got out of bed. It takes me longer to get ready in the morning. Playtime with my kids is shorter than it used to be. It hurts to perform some of my main duties at my job” is not only accurate, but more effective at conveying how you have felt pain and suffering.
The “Early” Offer
The second tactic may sound attractive at first - offering money to resolve your claim within weeks of the accident. If you’ve had friends who have gone through this before (and without a lawyer), they’ve probably told you they got money within a few weeks of the accident. The insurance company will cover whatever medical bills you’ve incurred as of the date you accept its offer, and pay a small sum for pain and suffering (usually anywhere between $500 and $2,000).
In certain cases where there were fewer achy and painful days, $2,000 + medical bills might be fair. However, be cautious of accepting any offer made before you have been discharged from care. Remember, the medical payments cut-off the date you tell the adjuster “Yes.” This means there is the potential that months of future medical care will have to be paid by you (or your health insurance policy - putting you on the hook for deductibles and copays).
With this in mind, never accept anything from the insurance company unless your doctors have discharged you from their care, and you feel as though your body and mind are in the same place they were before the accident.
If you’ve been injured in an accident, this office can help you. It’s best to involve an experienced personal injury attorney who can not only advise you whether an offer is reasonable under your unique circumstances, but can see far enough down the road to guide you through the whole process with confidence.