After an accident or injury, negotiating a fair settlement with an insurance company is a hassle. Insurance companies often toss out a lowball injury because they want to pay out as little as possible. The less they have to pay, the better it is for their company. They may express concern over your situation, but they still have to protect their financial standing. Paying massive amounts of money to you is not in their best interest.
How much lower do companies offer after an accident or injury? In one case shared in an insurance forum, a Lexus owner’s car was hit while parked in a lot. The other driver’s insurance company offered no more than $8,000 for the totaled Lexus. That car was a rare model, and the owner knew that was a lowball offer. After providing proof of what a replacement car of that same model cost, the offer rose to $15,500. That’s almost double the initial offer.
Shegerian Conniff has seen many unreasonable offers from insurance companies following an injury or accident. Here are our tips on what you should do to ensure you receive a fair settlement offer.
Take as Many Photos as You Can and Get Witness Names
If you were in a car accident and are okay to walk around, get photos of all vehicles, the roadway and intersections, and damage to nearby properties. Don’t move your car, even if it’s drivable unless you’re blocking traffic. It’s often better to leave cars in the exact position they were in for the police investigation.
Should you need to move your car before police arrive, try to get photos of the area where the crash happened. This is especially important if there could be a question as to who was at fault. If you have video footage from a dashcam, save it to a cloud service or SD card and remove the camera from the car. If you need to be towed, the camera could be stolen at some point, and you’d lose your evidence.
If you don’t have a dash cam, many witnesses who were traveling near you might have it. Ask if they do and if they’d be willing to send it to your insurance company. The more evidence you have to prove fault, the easier it is to get a generous settlement.
There are other types of insurance settlements, however. You might have been in a store and slipped on a puddle leaking from a broken cooler. While walking on a city sidewalk, ice fell from a roof and hit your head. You were in a public park when a loose dog ran up and bit you. In each of these situations, you were injured and have the basis for a personal injury suit.
No matter what accident or injury occurs, see if there are witnesses and get their names and contact information. The more people who can clearly state what happened, the better. Also, call the police and get an accident or case number. You’ll need that for your insurance claim.
Seek Medical Care Even if You Don’t Feel That It’s Necessary
You may feel fine right now, but adrenaline is pumping and masking pain. An hour or two later, you notice how much your ankle, wrist, knee, etc. is throbbing. When you’re in an accident or injured somehow, it’s better to have medical professionals check you out. You could have a concussion following a blow to the head, and you shouldn’t go home alone. You may have a broken or sprained wrist and not realize it until the adrenaline wears off.
Plus, you have documentation that links the injury to the accident. If you go home and see a doctor a day later, the insurance company could deny the claim saying there’s no proof that the accident caused that injury. The insurer could argue that you fell at home and hurt yourself.
Know Your Rights
There are different types of insurance – auto, health, homeowner’s, worker’s comp, etc. You need to make sure you’re applying the right coverage to your situation. For example, the injuries you receive in a car crash are covered by your auto insurance’s medical coverage. Your health insurance wouldn’t cover any medical bills.
You also need to know your rights when it comes to whose insurance pays. In many states, auto insurance is paid by the at-fault driver. California is an at-fault state, too, which means the driver who is at fault pays for damages and injuries.
If you’re in a crash with an Uber or other rideshare driver, it can become harder as those companies provide basic coverage. The driver may need to use personal insurance to cover some of the claims, too. You may need to file claims against multiple insurance companies.
Call Your Insurance Agency, Even if Another Party Is at Fault
After a car crash, you file a claim against the at-fault driver’s insurance. Call your own insurance agent, too. They can often help you navigate the claims process. When you have the other company advocating for you, it can help get a higher settlement offer.
If the other party doesn’t have insurance or enough insurance, your uninsured or underinsured auto insurance may have to cover some of the financial loss.
Don’t Accept the First Settlement Offer Without Fully Researching It
Once you have a settlement offer, don’t accept it without looking at the numbers. If they’re offering you $24,000, but a replacement is going to cost you $30,000, you want to get as much as possible, especially if someone else was at fault. If your car was totaled due to another driver’s irresponsible driving, you need a settlement that covers the full cost of replacing your car, covers your medical bills, and also covers the loss of income while you’re recovering.
In a slip and fall, you’ll have medical bills and missed time from work or school. You want the full monetary value of everything you lose when someone else is at fault.
What Happens If Your Claim Is Denied?
Sometimes, insurance denies a claim. You don’t have to agree with that denial and can ask for an appeal. Sometimes, it’s as simple as a form or piece of evidence missing from the claim. Those issues are easily remedied. These other common reasons for a denial are a bit harder to fight.
- You missed a deadline.
- You or the other party doesn’t have the necessary coverage.
- The policy lapsed.
- Duplicate claims were filed.
- The insurer thinks you caused the accident or injury.
You must seek legal advice if your or another party’s insurance refuses to approve and pay your claim. Don’t give up without a fight.
Always Talk to an Attorney First
While an insurance company will want to settle for the lowest possible amount, make sure you talk to an attorney first. Personal injury attorneys know the intricacies of area laws and guide you through the process. An insurance agent’s job is to save that company money. What seems fair to you may be far less than you’re legally entitled to claim.
Shegerian Conniff is here to help you after an accident or injury. Schedule a free consultation and see if we can help you get the highest possible settlement.
