Car accidents can be life-altering, leaving victims with injuries, emotional distress, and financial challenges. In Massachusetts, dealing with insurance companies after a car accident can be particularly frustrating. These companies often employ various tactics to minimize their payouts. Knowing these will make it easier for you to get through the process and help ensure that you are paid what you are due.
#1 Disputing Liability
One of the most common tactics used by insurance companies is disputing liability. If they can prove that you were wholly or partly at fault for the accident, they can reduce or deny your claim.
How They Do It:
- Contradicting Police Reports: Insurance adjusters may argue against the findings in the police report, claiming that the officer’s assessment was incorrect.
- Eyewitness Statements: They may seek out witnesses whose accounts differ from yours and use these statements to challenge your version of events.
- Accident Reconstruction: Some companies might hire experts to reconstruct the accident in a way that favors their narrative.
How to Counteract:
- Gather Strong Evidence: Collect and preserve all evidence from the accident scene, including photos, videos, and witness contact information.
- Consistent Statements: Ensure your statements to the police, your lawyer, and the insurance company are consistent.
- Legal Representation: Having a skilled lawyer can help you present a strong case.
#2 Questioning the Severity of Injuries
In order to lower the compensation, insurance firms frequently attempt to minimize the severity of your injuries. They can argue that your injuries are pre-existing or not as serious as claimed.
How They Do It:
- Medical Records Review: They might comb through your medical history to find evidence of pre-existing conditions.
- Independent Medical Examinations (IMEs): Insurers may require you to undergo an IME, hoping the doctor will report that your injuries are not severe.
- Delay Tactics: They try to scare you into taking a smaller settlement by dragging out the claim procedure.
How to Counteract:
- Comprehensive Medical Documentation: Keep detailed records of all medical treatments and follow-ups related to the accident.
- Doctor’s Testimony: Obtain statements from your treating physician about the cause and severity of your injuries.
- Prompt Action: File your claim as soon as possible and follow up regularly.
#3 Offering a Quick, Low Settlement
Insurance companies might offer a quick, low settlement shortly after the accident, hoping you will accept it without understanding the extent of your damages.
Why They Do It:
- Financial Pressure: They are aware that lost income and medical expenses may be putting a burden on your finances.
- Unawareness of Full Damages: Immediately after an accident, you might not yet know the full extent of your injuries.
How to Counteract:
- Consult an Attorney: Consult with a lawyer who will help determine whether a settlement offer is fair before taking it.
- Understand Your Rights: Know that you have the right to negotiate and that initial offers are usually much lower than what you may be entitled to.
- Future Damages: Consider potential future medical expenses and lost wages before agreeing to a settlement.
#4 Misinterpreting Policy Language
Insurance policies are complex with legal details that can be difficult to understand. Insurance companies might exploit this by misinterpreting or selectively quoting policy language to deny your claim.
How They Do It:
- Ambiguities: They may use ambiguous language in the policy to argue that certain coverages do not apply.
- Selective Quoting: Insurers might quote parts of the policy out of context to support their denial.
- Technicalities: Using small print and obscure clauses, they may claim that certain conditions of the policy were not met.
How to Counteract:
- Thorough Policy Review: Carefully review your policy and understand your coverage. If you are unsure, seek clarification from a legal expert.
- Professional Interpretation: Have your lawyer review the policy and argue for the most favorable interpretation.
- Documentation: Keep records of all communications with the insurance company and document their explanations and reasoning for denials.
Dealing with insurance companies after a car accident in Massachusetts can be challenging. Understanding these strategies and taking action will enhance your case and increase your prospects of fair compensation. Insurance claims can be complicated, but an expert attorney will help you defend your rights.
Injured? The Office of Brandon J. Broderick, Car Accident Lawyers, Can Help
If the unfortunate happens and you’ve been injured in a car accident, don’t go at it alone. An experienced car accident lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence.
Contact us now for a free legal review.