The insurance process may seem straightforward after a car crash in Riverside or anywhere else in California, but it can become complex when the insurance company doesn’t want you to recover fair compensation. Unfortunately, car insurers are known for using many tactics to try to devalue and deny valid claims and protect their own pockets. Recognizing these tactics can allow you to combat them.
Shifting Liability
In California, the party that is to blame for an automobile accident is legally responsible (liable) for paying for a victim’s medical bills and property damage. The liable party is often a driver who is guilty of breaking a traffic law or behaving negligently behind the wheel. Rather than the driver paying out of pocket, he or she relies on car insurance to pay.
However, car insurance companies – regardless of what they advertise – are for-profit businesses that want to protect themselves above all else. One of the most common ways they do this is by shirking responsibility and placing the blame on someone else, such as the claimant or a third party.
Disputing liability can lead to the insurance company paying less under California’s comparative negligence law. This legal doctrine allows a claimant’s financial recovery to be reduced by an equivalent amount when the claimant is found to share fault. If the victim is assigned 20 percent of the blame, for instance, an insurer can reduce the settlement by that amount.
Pointing Out Administrative Errors
Insurance companies have strict and specific requirements for the claims-filing process, including tight deadlines and a list of terms that must be met for a victim to have a valid claim. Oftentimes, insurance claims adjusters capitalize on administrative errors or minor mistakes to disqualify a claimant from insurance benefits. You can prevent this by submitting the right evidence the first time with help from an experienced personal injury attorney in Riverside.
Tactics Car Insurance Companies Use to Devalue or Deny Valid Claims
Using the Recorded Statement
A recorded statement allows an insurance company to twist the claimant’s own words around to use against them later. The insurer may point out that your early statements are inconsistent with what an investigation discovered, for instance, to portray you as an unreliable witness.
Your statement may also be used to blame you for the accident, reduce your settlement value or downplay the severity of your injuries. Protect yourself by refusing to give a recorded statement. Instead, politely state that you will submit a written statement later.
Blaming Pre-Existing Injuries
If you give a car insurance company full access to your medical records and complete medical history, they may look for pre-existing injuries as a way to deny coverage. You can avoid this issue by disclosing any relevant pre-existing conditions yourself and only granting the insurer access to certain medical records.
Pressuring You to Accept a Quick Settlement
Insurance companies protect their bottom lines by keeping initial settlement offers as low as possible. They count on claimants not knowing the true values of their claims – especially cases that involve serious or catastrophic injuries. Don’t fall for tactics used to pressure you into accepting the very first offer.
Before you say yes, contact a trusted car accident lawyer for a free consultation. A lawyer can give you an accurate and honest evaluation of how much your case is worth. Then, as your legal representative, a lawyer can go up against insurance claims adjusters to negotiate for the best possible case results on your behalf.