If you’ve been injured in a car accident in West Virginia, dealing with the insurance company can sometimes feel just as stressful as the crash itself. Between medical bills, missed work, and ongoing pain, you may be eager to settle your claim quickly. However, rushing into negotiations without understanding the process can cost you thousands of dollars (or more!).
The single most important thing to remember is that insurance companies are not on your side. Their goal is simple: pay as little as possible, as quickly as possible. If you have been hurt in an auto accident, our West Virginia car accident attorneys can help you negotiate a top-dollar settlement for your injuries.
Johnstone & Gabhart represents clients throughout West Virginia who have been hurt in all types of motor vehicle accidents. With more than half a century of combined experience, we know how to effectively negotiate with insurance companies to get injury victims the money that they deserve. Reach out to our law offices today to schedule a free initial consultation with a West Virginia car accident lawyer.
Understanding the Insurance Company’s Strategy
Before you negotiate, it is important to understand how insurance companies operate. The first thing to learn is that the people that you come into contact with in this process do not work for you. They work for the insurance company.
After a crash, you will likely be contacted by an insurance adjuster. While they may seem friendly or helpful, their job is to protect the insurance company’s bottom line, not your best interests.
Insurance adjusters are trained to:
- Get you to say something that harms your claim.
- Minimize the severity of your injuries.
- Shift some blame onto you.
- Push you toward accepting a low settlement.
Always keep this in mind when talking to an adjuster.
The next thing to understand is that insurance companies will often make quick settlement offers shortly after an accident. These offers may seem appealing, especially when you’re already under financial stress, but they are rarely fair. In fact, early offers rarely reflect the full value of your claim, especially if you haven’t completed medical treatment or fully understood your long-term losses.
Finally, you should understand that insurance companies are for-profit businesses. They make record profits by paying out as little as possible on car accident claims. You should always keep this in mind if you decide to try to negotiate with the insurance company on your own.
Negotiating with Insurance Companies After a Car Crash
As a general rule, it isn’t a great idea to negotiate with an insurance company after an accident if you have suffered anything more than extremely minor injuries. However, if you want to give it a shot, it is important to be prepared so that you have the best chance of a successful outcome.
Below, we have put together a guide of the steps that you can take if you want to negotiate with the insurance company. If you have questions, you can schedule a free consultation with one of our West Virginia personal injury lawyers.
Step 1: Build a Strong Foundation
Successful negotiation starts long before the first offer is made. Before you attempt to negotiate your car accident claim, you should build a strong foundation.
First, gather evidence. The strength of your claim depends on evidence such as police reports, photos and videos of the accident scene, witness statements, medical records and bills, proof of lost wages, and vehicle repair estimates. Strong evidence helps to establish liability and will increase your leverage during negotiations.
Second, get medical treatment for your injuries and follow through with your doctor’s recommendations. Delays or gaps in treatment can give insurers a reason to question your injuries. It can also reduce the value of your claim.
Step 2: Be Careful about What You Say
One of the biggest mistakes that car accident victims make is saying too much to the insurance company. When you talk to the adjuster, stick to the basic facts. You are only required to provide your name and contact information, the date and location of the accident, and a basic description of what happened.
You should always avoid discussing fault or speculation about the crash. You should also not give a detailed description of your injuries. Anything that you say to the insurance company can and likely will be used to reduce the value of your claim.
You should also avoid giving a recorded statement. Politely decline any request for a recorded statement until you have spoken with a West Virginia car accident lawyer. Remember that even a simple statement like “I didn’t see the other car” could be used to argue that you were partially at fault.
Step 3: Understand West Virginia’s Comparative Negligence Laws
In West Virginia, negotiations in car accident cases are heavily influenced by the state’s modified comparative negligence rule. Under this law, you can recover damages if you are 50% or less at fault for the crash. Your compensation is then reduced by your percentage of fault.
Insurance companies frequently argue that you were partially responsible for the accident to reduce your payout. For example, if your damages total $100,000 and you were found 20% at fault, you would only receive $80,000. Fault percentages are often negotiated, so it is important to understand this rule and how it may impact your claim.
Step 4: Calculate the True Value of Your Claim
Before negotiating, you need to know what your case is actually worth. In a West Virginia car accident, you may be entitled to:
- Economic damages to pay for your medical expenses, lost wages, future medical care, reduced earning capacity, and property damage.
- Non-economic damages to cover your pain and suffering, loss of enjoyment of life, emotional distress, scarring, and disfigurement.
- Punitive damages may be awarded in more unusual cases involving intentional or reckless behavior (such as drunk driving accidents) as a way to penalize a wrongdoer.
One of the biggest mistakes that accident victims make is underestimating future expenses, such as ongoing treatment, rehabilitation, and long-term disability. Once you accept a settlement, you cannot go back and ask for more money, even if your condition worsens.
Step 5: Don’t Sign Anything Too Early
Insurance companies may ask you to sign documents fairly early in the process. This may include things like medical release forms that allow broad access to your medical history. An adjuster may also ask you to sign a settlement agreement that waives your right to future claims.
Once you sign a settlement agreement, your case is over, no matter what happens later. You should always review documents carefully and consider having an attorney evaluate them before signing anything.
Step 6: Be Ready to File a Lawsuit
In some cases, negotiation alone is not enough. It may be necessary to file a lawsuit to move the case forward while simultaneously protecting your legal rights. In West Virginia, you generally have 2 years from the date of the accident to file a lawsuit.
Filing a lawsuit shows the insurance company that you are serious. It can also allow you access to additional evidence through the discovery process. Ultimately, it can lead to a higher settlement offer because the insurance company’s calculations will change to factor in the risk of litigation.
Filing a lawsuit does not mean that your case will go to trial. Instead, it often leads to continued negotiations and an eventual settlement.
Step 7: Work with a West Virginia Personal Injury Lawyer
When you negotiate with an insurance company, you are not on a level playing field. Insurance companies have experienced adjusters, legal teams, and proprietary software to evaluate your claims. On the other hand, you might not have ever been in a car accident before, let alone handled these types of negotiations.
An experienced West Virginia car accident attorney can handle all communications with the insurance company on your behalf. They can gather and present strong evidence while accurately valuing your claim. At the same time, your lawyer will negotiate aggressively on your behalf. In most cases, having legal representation leads to significantly higher settlements.
Hurt in a Car Accident? Give Us a Call for a Free Consultation.
If you have been injured in a West Virginia car accident, you don’t have to face the insurance company alone. An experienced car accident lawyer can protect your rights, handle negotiations on your behalf, and fight for the compensation that you deserve. We can help you get a fair settlement and will not charge you a fee unless we recover money for you.
Johnstone & Gabhart has decades of experience negotiating with insurance companies throughout West Virginia. We won’t back down for a fight and won’t agree to a settlement for anything less than the full value of our clients’ claims. To learn more or to schedule a free initial consultation with a West Virginia car accident attorney, give us a call at 866-808-2016 or fill out our online contact form.
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