You should be able to trust that your insurer – the “good hands, good neighbors, and friendly lizards”- has your best interest at heart. Unfortunately, most insurers are more likely to do whatever is possible to avoid covering you after a car accident. There are a few specific tactics that are commonly used by insurance adjusters to accomplish this.

 

The Devil is in the Details

If your insurer asks you to sign any documents at all relevant to your car accident claim, do not do it until you’ve spoken to an attorney. Insurance companies will attempt to trick you into signing forms that eliminate your chances of receiving compensation for your injuries, or ask for complete waivers of privacy for your past medical and other information.

 

Failure to Properly Investigate

To fulfill their duty of acting in good faith, insurance companies are obligated to thoroughly investigate a claim submitted by the policyholder. A common deception tactic used by adjusters is to deny the claim and determine that the injuries you’ve suffered were from a preexisting condition, a different accident, or that they “aren’t bad enough” to be granted a reasonable settlement. Other times they will delay payment of your property damage claim to pressure you to settle your injury claim early, for less than you may be entitled to receive.

A few things need to be done for an investigation of a car accident claim to be considered adequate enough to determine fault. The insurer is not entitled to just rely on a police report or either driver’s version of what happened. Independent investigation may be required into both liability and your medical condition and injuries.

 

“You Aren’t Covered for That.”

It’s sad, but true. It’s surprisingly common for insurers to lie and tell you that the damages in your claim aren’t covered by your policy. They do this assuming that you don’t know exactly what is supposed to be covered and will simply take their word for it without a second thought. Take another look at your car insurance policy and contact a legal professionalbefore dropping your claim.

 

Aiming Low

Sometimes insurance adjusters will try to offer you a settlement that may sound like plenty at first, but doesn’t come close to covering all of your car crash injury related expenses. Your personal injury lawyer knows how to calculate the value of your injury, and will fight on your behalf to get as much as possible for you. Remember, once you accept a settlement, your case is closed, and it will be impossible to receive any more compensation if you need additional medical treatment to cover medical expenses, and other costs.

 

Dilly Dallying

If it feels like it’s taking a ridiculous amount of time for your claim to be handled and you don’t have a legal defense, listen to your gut. Delay favors the insurance company- it has been around longer than you have and will still be in business after you are long gone. Statistics show that if they wait long enough, some claims will fall by the wayside when the victims die, have another accident and so on. If this happens 3% of the time, multiplied by thousands of claims nationwide, the insurer saves millions of dollars.

Another tactic used by insurance companies is to delay a decision on a claim until the statute of limitations runs out, so they won’t legally have to cover you.

Missouri’s statute of limitations regarding car accident injuries is five years, to allow enough time for underlying injuries to be discovered.

 

“Don’t Hire a Lawyer.”

An attorney knows all of the ins and outs of the law, and has the ability to stop bad faith in its tracks. Insurance research shows that victims with an attorney get 3-5 TIMES more money than those without representation. Your insurer won’t want you to hire an attorney because of the following reasons.

  • Your lawyer won’t allow any lowballing, and will negotiate a settlement that covers the following.
    • Out of pocket expenses pertaining to your claim.
    • Current and future medical bills for your car accident
    • A portion of lost wages from missed days of work, even if you used sick or vacation days to get paid.
  • A personal injury attorney isn’t going to tolerate any unnecessary delays.
  • Legal professionals are well versed examining insurance policy documents and releases and will go over the fine print of any forms your insurance company tries to get you to sign.
  • To prevent self-sabotage, your lawyer will also handle communications with your insurer so that your words can’t be misconstrued and used against you.

 

Taking Legal Action

Should you decide to take legal action, and the insurance company is found to have acted in bad faith, you may be entitled to compensation for the following.

            Policy Benefits

            If you have been denied your policy benefits, these can be recovered at the end of a successful case.

            General Damages

            These are non-economic losses suffered by the claimant due to the act of bad faith such as emotional distress and mental anguish. Since these damages do not have a set dollar amount, an experienced lawyer can help you obtain a fair chunk of compensation in this area.

           Attorney Fees

           If you end up having to file a lawsuit against the insurer, your final settlement will factor in costs of hiring an attorney so that it doesn’t come out of your pocket – it comes out of the insurer’s.

            Punitive Damages

            Punitive damages are different from general damages because these rulings are made with the purpose of punishment – not compensation. If your insurer consciously subjected you to bad faith, you may be awarded these damages.

 

If you have even the smallest inkling that your insurer is trying to get out of addressing your car accident claim, contact a personal injury lawyer right away. Don’t let your insurance company make an April fool out of you. Give our law firm a call to schedule your initial consultation, where you’ll receive free legal advice from a St. Louis lawyer near you.