After an accident that leaves you injured, you might think it’s normal to work directly with an insurance company to get compensation for medical expenses, lost wages, and pain and suffering. But other than reporting the accident to your insurer, you need to hire a lawyer.
A personal injury lawyer can help by speaking to the insurer on your behalf. By so doing, the lawyer will give you the best odds of a successful outcome that includes fair compensation.
The reality is that communicating with an insurance company following a personal injury isn’t in your best interests since insurers are not in the business of freely giving out money. You need a personal injury lawyer who will go to bat for you and take on the insurer.
Here are five reasons it’s never in your best interests to deal directly with an insurer during a personal injury claim — and how a good lawyer can get you the compensation you deserve.
1. Insurance Adjusters Are Trained to Minimize Payouts
Insurers operate a business, and one of their key aims is to control costs. Adjusters are trained to gather information that can effectively lessen the value of a claim or derail it altogether.
Even if a conversation seems to be casual or supportive, the insurance representative’s aim is to try to discover and leverage a weakness in your claim. Questions may be asked in a manner that invites speculation and admissions of fault. And even innocent statements may later be used to suggest your injury isn’t as severe as you allege or that it wasn’t caused by the accident in question. Don’t fall for the trap. You’ll be better off leaving the talking to your personal injury lawyer, who will know how to deal with insurance companies.
2. Statements Can Be Recorded and Used Against the Claim
Conversations between insurance representatives and people filing personal injury claims are often taped, or detailed notes are taken during the calls. Whatever you say when talking to an agent could potentially be used against you — possibly to suggest inconsistencies.
Again, let your lawyer do the talking for you. Otherwise, you might make statements that come back to hurt you. For instance, you might not feel the full extent of the injuries right after the accident. But if you tell the insurer that you feel okay when pursuing a claim, that may be used against you later. Your lawyer will advise you to get checked out by your doctor so that detailed and accurate medical records can be used to support your personal injury case.
3. Blame Can Be Transferred by Casual Conversation
Determining fault is an important aspect of any personal injury lawsuit. This is where the plaintiff might have to deal with the insurance claims adjusters who look for ways to assign partial or total fault on the plaintiff’s side. This may come in the form of casual comments regarding speed, distraction, weather, or the plaintiff’s own activities — in cases involving car accidents.
Even in circumstances when it’s clear what party is liable, insurance companies may try to use comparative negligence as their argument. In states that follow comparative fault laws, a victim may be able to recover less if it’s found to be partly responsible.
In situations where you communicate with insurance firms without legal representation, there is a better chance of your being named the at-fault party.
4. Settlement Offers May Be Made Before Damages Are Clear
Sometimes, insurers make early settlement offers shortly after the accident. If you’re speaking to the insurers solo, these offers seem attractive — even if they’re actually anything but. You need to consider medical bills, ongoing medical treatment needs, lost wages, pain and suffering, and more before you’re ready to determine if a compensation offer is fair.
After a settlement is reached, the claim is then finalized. This means there will be no further compensation for future complications or if the recovery process takes longer than expected. Without the complete value of a claim being understood — something a lawyer can help with — personal injury claimants are likely to settle for less than they deserve.
5. Legal Rights and Deadlines May Be Overlooked
The laws regarding personal injury claims are subject to certain statutory provisions. Insurance claims adjusters have one-track minds and only look out for the insurers they work for. So, you need to ensure you understand the statute of limitations deadlines at play in your jurisdiction.
You won’t have to worry about your legal rights being trampled upon when you hire a personal injury lawyer.
Engaging in direct conversations with insurance companies regarding a personal injury claim might seem harmless. However, doing so can jeopardize your case altogether. Your best bet is to retain the services of a lawyer and get the help you need to achieve a good legal outcome.