How Insurance Companies Try to Minimize Injury Claims
Having insurance is supposed to bring peace of mind. You know that if you get into a car accident, you’ll be covered for any financial loss. At least, that is the theory. In practice, insurance companies will do whatever they can to minimize your injury claim.
These tactics often involve the three Ds:
- Delay
- Deny
- Devalue
If you recognize these tactics being used against you, you need to speak with an experienced Lexington car accident attorney. Having a lawyer step in as your advocate can help fortify your claim and ensure that you receive the maximum benefits you’re entitled to.
It will help to understand what the 3 Ds are all about so you can recognize when they’re happening.
Delay
Kentucky law mandates when an insurance company must respond to a claim. This is the timeline insurer must follow:
15 Days: You probably filed that claim through the insurance company website. Once you hit submit, the insurance company must acknowledge the claim. That acknowledgment includes providing the necessary forms and instructions.
30 Days: After you provide proof of loss, your insurer must either accept or deny the liability claim within 30 days. If they need more time to investigate, they must provide a written explanation for going beyond the 30 days.
45 Days: If the claim is still open, the insurer must update you on its status.
One simple delay tactic is to wait until the very last day of the required timeline.
Deny
Insurers like nothing more than to deny a claim outright. They might assert that you had a pre-existing condition that is the real cause of your injury. They might also shift blame to you under Kentucky’s comparative negligence law. If successful, it could mean they would pay a lower settlement amount.
Devalue
If the liability issue is clear, the insurance company is obligated to provide compensation based on the terms of the policy. For instance, if your medical damages are $40,000 but the at-fault driver just has the state-mandated minimum of $25,000, the insurance company is only obligated to pay $25,000. However, that doesn’t mean they have to pay that amount.
An insurance company can devalue your claim by offering a fast settlement that is far below what you are due. They might frame that settlement as “the best and final offer.”
That’s when you need your attorney to step in and begin negotiations to bring that settlement number closer to your needs.
How to Protect Your Claim
The best way to protect your claim is to retain the services of an experienced attorney who can act as your advocate. They will be able to step in and take over the communications with the insurance company. There are also some proactive measures you can take to protect your claim.
Here’s what you can do:
Never Accept the First Offer
If the insurance company adheres to the timeline, they might make an offer to settle the claim before you’re fully recovered.
What if your injuries require extensive physical therapy or a second surgery?
Once you accept that offer, you’ll be signing a waiver that prevents you from coming back for additional funds. The better approach is to let your injuries stabilize and discuss with an attorney what the fair amount should be.
Avoid Recorded Statements
The insurance adjuster who is assigned to your claim might ask to get your version of the accident as a recorded statement. Obviously, you’ll be telling the truth of what happened to you, but you might inadvertently admit to something that can be used against you.
It’s a smart move to consult with your attorney before you commit to a recorded statement.
Avoid Social Media
Anything you post online can be used by the insurance company as evidence that your injuries aren’t as bad as you make them out to be. Until your case is resolved, you should pause your social media. That also includes friends and family who might tag you in photos of family gatherings.
How an Experienced Attorney Levels the Playing Field
What might seem like a simple case of a driver running a red light and slamming into your car can get complicated fast once an insurance company gets involved. That’s especially true in truck accidents, where there can be multiple named defendants.
Having an experienced legal team like you’ll find at Thomas Law Offices can go a long way towards leveling the playing field. When we agree to represent a client, we take over all communications with the insurance company. That means you don’t have to talk with them unless we’re in on the conversation.
We also recognize all their tactics and will be prepared to mount a rigorous defense based on your testimony and the evidence we gather.
If the insurance company continues to deny, delay, or devalue, we might suggest filing a civil lawsuit. Although that can prolong the resolution of your claim, it might be the best approach to getting what you’re due.
Contact Thomas Law Offices today to schedule a free consultation, and let’s talk about what happened and what should happen next.
