Experiencing a car accident in Sherwood, Arkansas, can be an emotionally and physically draining ordeal. From the immediate aftermath of injuries to filing a claim, the road ahead often feels daunting.
In this challenging time, dealing with insurance adjusters can add another layer of complexity, making it even harder to focus on your recovery. Having a knowledgeable personal injury lawyer backing you up, though, can make all the difference in navigating these challenges.
An experienced attorney can guide you through the entire process, from managing your personal injury claim to negotiating with insurance companies on your behalf. The right attorney for your case will tirelessly ensure that your rights are protected and you receive fair compensation.
Protecting Your Rights When Dealing With Insurance Companies
When you file a personal injury claim after a car accident, you will likely encounter an insurance adjuster. Adjusters are employed by the insurance company, and their primary role is to minimize the payout for your claim – often at your expense.
An adjuster’s goal is to minimize the insurance company’s liability, which could leave you with insufficient compensation for your medical expenses and other losses.
Insurance adjusters have several tactics designed to reduce settlements for car accident cases.It’s important to recognize these tactics when dealing with insurance adjusters.
Navigating conversations with insurance adjusters
One common tactic used by Sherwood insurance adjusters is requesting a recorded statement. An adjuster may tell you it’s a routine part of the process, but in reality, this is one way to gather information that could be used to dispute your claim.
After speaking with an adjuster, your words can be twisted or taken out of context to undermine your case. For example, if you say you were at fault, even partially, this could affect your ability to seek compensation under Arkansas’ comparative negligence laws. Even speculating about who is responsible for the car wreck or the severity of injuries can be used to reduce your settlement compensation.
Remember, you are not obligated to give a recorded statement. If an adjuster requests one, it’s best to consult your lawyer first.
Using caution when working with your own insurance company
You have a duty to cooperate with your insurer, but that doesn’t mean you should handle everything on your own.
Here’s how you can cooperate with insurance adjusters while protecting your rights:
- Provide only basic information as required by your insurance policy
- Avoid giving detailed statements without legal advice
- Let your attorney review any documents before signing
Your attorney can guide you on how to fulfill your obligations under your insurance policy while protecting your personal injury claim. This ensures that you meet your policy requirements without inadvertently saying something that could be used to deny or reduce your compensation.
Communicating with the other party’s insurance adjuster
After a car crash, many Arkansans try to resolve matters quickly by speaking directly with the insurers of other parties involved. However, speaking directly to insurers representing the other parties can be risky, because the other driver’s insurance adjuster’s job is to protect the company’s client and best interests.
The adjuster may try to get you to admit fault or downplay the severity of your injuries to minimize your payout or deny your claim. Even a seemingly harmless comment can be used against you later in the claims process. For instance, if you say you’re “feeling better” after the accident, the adjuster might use that statement to argue that your injuries were not severe.
Adjusters are skilled at steering conversations to elicit information that can be used to reduce your claim. Staying calm and collected during these discussions is key. If you’re unsure how to respond, it’s better to say, “I’m not sure; I’ll have to check with my lawyer,” rather than risk saying something that could be misconstrued.
It’s best to direct all communications through your lawyer. By allowing your attorney to manage these conversations, you avoid potential pitfalls that could jeopardize your personal injury claim.
Seeking counsel before signing legal documents
Insurance adjusters may present you with various documents to sign, ranging from settlement agreements to medical releases. While it might be tempting to sign these documents quickly to resolve the situation, doing so without fully understanding the implications can be a grave mistake.
These documents are often crafted to protect the insurance company’s interests, not yours. In order to protect yourself, you should always seek legal counsel before signing any documents, including the following.
Settlement agreements
After an auto accident, it can be tempting to accept the first settlement offer and move on. However, the insurer’s initial offer may be made far below the actual value of your claim. Their goal is for you to accept the settlement without fully understanding the extent of your injuries or future medical expenses.
In 2022, the average cost of disabling injuries caused by motor vehicle accidents was $162,000. By taking the time to assess your injuries and their impact on your life, you can ensure that your personal injury claim reflects the true value of your case.
A lawyer can help you understand the long-term costs and negotiate a settlement that covers all your losses, including lost wages, medical expenses, and emotional distress.
Medical releases
One of the most dangerous documents an insurance adjuster might ask you to sign is an open-ended medical release. Your signature would grant the company unrestricted access to your entire medical history, not just the records related to your accident.
While an insurer may claim the release is necessary to process your claim, signing an open-ended release can expose you to invasive scrutiny. The insurance company may search your health records for anything that indicates your injuries were pre-existing or less severe than you claim.
If the insurer’s argument is successful, your compensation may be reduced or denied, leaving you struggling to cover your medical expenses and other losses.
Any form that limits your rights or future claims
Insurance companies may offer other forms or agreements that seem routine but could significantly impact your rights.
As an example, release of liability forms may ask you to release the insurance company or other parties from any future claims related to the accident. Signing this document can prevent you from pursuing additional compensation if your injuries or damages worsen.
Before signing any form provided by an insurance adjuster, consult a lawyer to ensure that your rights are protected and that you understand the full implications.
Collecting evidence
Keeping thorough records is one of the most effective ways to strengthen your personal injury claim. Documentation serves as tangible evidence that can support your case, making it harder for insurance adjusters to dispute your injuries or the impact of the accident.
To get started, here’s a checklist of records to keep:
- Bills for medical treatment
- Medical records
- Proof of lost wages
- Proof from the accident scene that can determine if the other party was at fault, such as photos of skid marks or property damage
- Photos of your injuries, injuries to the other driver or his or her passengers, and other vehicles at the accident scene
- Receipts for any out-of-pocket expenses related to the accident
Consider keeping a detailed journal of your injuries and how they affect your daily life. Record any pain, limitations, and emotional distress you experience.
Watch Out for Common Tactics Adjusters Use
Adjusters often delay making settlement offers, hoping to pressure injured victims into accepting a lower amount for their personal injury claims. For example, insurance adjusters might request an overwhelming amount of documentation that seems unnecessary or irrelevant.
If this happens to you, your attorney can help you determine which documents are truly necessary, reducing the burden on you.
Insurance adjusters may also delay responses to your inquiries, which can frustrate you, slow down your case, and push you into making hasty decisions. By working closely with an attorney, you gain valuable support in managing these tactics and ensuring a fair resolution.
Taking the Fight to Court
What if negotiations break down or the insurance company refuses to offer a reasonable amount? It may be necessary to file a lawsuit and take your case to court.
While this step can seem daunting, it’s sometimes the best way to secure the compensation you deserve. Your lawyer will guide you through the entire process, from filing the lawsuit to presenting your case in court. He or she will ensure that your case is presented in the strongest possible light.
Going to court can be a longer process. Still, it can also result in a higher payout, especially if the insurance company has been acting in bad faith.
Let Minton Law Firm Be Your Ally After a Sherwood, AR Accident
The stress and complexity of dealing with insurance companies after an accident can be overwhelming. But you don’t have to face this battle alone.
Minton Law Firm is here to support you through every step of the process. We understand the emotional and financial strain you’re going through, and we’re committed to fighting tirelessly for your rights.
Local expertise matters! Our attorneys will navigate the complexities of your personal injury claim, helping you recover damages and proper compensation. From handling overwhelming documentation to negotiating on your behalf, we’re here to take the burden off your shoulders.
Don’t let an adjuster’s tactics dictate the outcome of your insurance claim. Let us be your advocate in this critical time.
Contact Minton Law Firm at 855-Xadjuster to schedule a free case review today. Together, we can work towards securing the justice and compensation you need to move forward with confidence.
