In the immediate aftermath of a motor vehicle accident, you might be unsure of your rights and what you should do. You might even think that because the cause of your accident was pretty clear, you don’t need a lawyer. But before you start talking to the insurance adjuster, you had better know how to handle the negotiations.
It is always important to be careful what you say (and do) when dealing with an insurance company, as the insurer will always look for reasons to pay you less than the value of your claim. You should also thoroughly evaluate any settlement offer to ensure it covers your losses. If you aren’t sure you can handle these negotiations alone, our West Virginia car accident attorneys can help you get a fair settlement.
Johnstone & Gabhart is dedicated to helping accident victims get the compensation that they deserve for their injuries. We have substantial experience negotiating with insurance companies and in litigating car accident claims to help our clients get the money that they deserve for their losses. Contact our law offices today for a free consultation with a Charleston personal injury lawyer.
Tips for Negotiating with an Insurance Company After a Car Accident
In the days or weeks after an automobile accident, you will probably be approached by an adjuster for the at-fault driver’s car insurance company. This adjuster might tell you that the insurer accepts full responsibility for the accident and simply needs to confirm a few details with you before cutting a check and closing out your case.
You might be tempted to work with the adjuster so that you can get your money and move forward with your life. Before you do, read on to learn about what you should (and shouldn’t) do when negotiating with an insurance company.
Be Careful about What You Say
When an adjuster reaches out to you, they will probably be friendly. Alternatively, they might be more authoritative and make you feel like you have no choice but to cooperate with them. Understanding your rights in this situation can help you avoid undermining your claim.
First, you don’t have to get into the details of your claim with the adjuster. You are not required to tell the insurance adjuster anything beyond your full name, contact information, and the basic facts of your claim. This includes a brief description of the accident: where it happened, when it occurred, and the type of accident (such as a rear-end accident).
The other driver’s insurance company might try to get you to give a statement or ask you about what happened. Keep in mind that anything that you say to them could be used against you. The insurance company’s goal is to pay out as little as possible on your claim, so be very wary about saying anything more than the minimal details about the accident.
You should also be careful with what you say about your injuries. If you give a detailed description, the insurance company might later claim that you’re exaggerating if your injury worsens. As with the accident, keep details basic, such as that you have neck and back pain and are getting medical care to determine the severity of your injuries.
Don’t Sign Anything
An insurance adjuster might present you with paperwork to sign, telling you that it is necessary to process your claim. At this stage, you shouldn’t have to sign any documentation for the at-fault driver’s insurance company. There is a good chance that any paperwork that you sign will actually hurt your case.
For example, the insurance adjuster might ask you to sign a release so that the company can access your medical records to determine the extent of your injuries. While you will have to disclose your medical records as part of the personal injury settlement process, this release is often much broader than it needs to be. Signing it will allow the insurance company to dig into your medical history to potentially make an argument that your injuries weren’t caused by the accident.
For these reasons, you should be extremely cautious about signing any paperwork from the insurance company. If you are unsure of what to do, a Charleston car accident lawyer can review the paperwork for you and advise you of your rights during a free initial consultation.
Understand the Value of Your Claim
In a car accident case, you may be entitled to financial compensation for all of your losses. This may include money for:
- Property damage
- Lost wages
- Reduced earning capacity
- Medical bills
- Future medical treatment
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Scarring
- Disfigurement
In some cases, you might also be entitled to punitive damages.
The average person typically has a hard time understanding the true value of their car accident claim. This is particularly true given that the actual value won’t be fully understood until you have finished medical treatment. It can also be hard to put a number on things like emotional trauma.
The insurance adjuster may make you an initial settlement offer that looks pretty good. In reality, it is almost certainly a lowball settlement offer that won’t come close to covering your losses. If you don’t understand the value of your claim, then it can be hard to evaluate the merits of this type of offer.
Any insurance company settlement will always include a release. This clause means that you will give up your right to file a lawsuit related to the accident in the future. In other words, accepting a settlement early on means that you won’t be able to get more money if your condition worsens or you experience more losses. This is why you should always talk to a Charleston personal injury lawyer before you accept any settlement for a car accident.
Get Help from a West Virginia Car Accident Attorney
Negotiating with an insurance company on your own can be daunting. Unless you have a lot of experience and knowledge, you will be at a disadvantage when up against a massive insurance company with teams of lawyers and adjusters. The best way to level the playing field is by hiring your own legal representation.
During a free initial consultation, a West Virginia auto accident lawyer will offer you a ballpark estimate of the value of your case along with your options for pursuing a claim. They will handle all communications with the insurance company for you, reducing the worry that you will accidentally say or do something that will hurt your case. Your attorney will advocate for you throughout the process, helping you get top dollar for your claim.
Hurt in a Car Accident? Give Us a Call!
After a car accident, you might just want to get a settlement so that you can focus on your recovery. While there is value in getting a settlement quickly, these initial settlement offers are often for far less than what your case is worth. Our law firm will fight to get you maximum compensation for your case.
Based in Charleston, Johnstone & Gabhart has decades of experience representing accident victims throughout West Virginia. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule a free consultation with a West Virginia car accident lawyer, call our law firm at 304-343-7100 or fill out our online contact form.
Related: How Is Shared Fault Determined in a West Virginia Car Accident?
