Car accidents and other serious injuries are a double curse. Not only do they regularly leave Georgia residents seriously injured and unable to work, but when they turn to the insurance companies who are supposed to help, roadblocks all too quickly arise. This article dives into:
- The tactics insurance companies use to deny or limit personal injury claims in Georgia.
- Settlement offers from, and negotiations with, insurance companies after a car accident or injury.
- How to go up against insurance companies (hint: don’t try it alone).
What Are The Most Common Tactics Insurance Companies Use To Deny Or Limit Personal Injury Claims In Georgia?
When it comes to accepting our money, insurance companies are always quick to pounce. But when it comes to paying out, saying they are reluctant to pay is being charitable. They will do nearly anything to reduce the amount they have to pay out, even to victims of horrific car accidents.
If you have been injured in Georgia, it is important to understand some of the tactics insurance companies will use to deny or limit your claim for personal injury compensation. From communicating exclusively via email to using real-life and social media surveillance, they know no limits.
Should I Be Wary During Phone Calls With Insurance Companies?
One of the most common and frequent strategies used by insurance nowadays is the recorded call. If you have an accident and someone hits you, that person’s insurance company will call you directly. They will say, “Hey, I represent this person; we are sorry about your accident; let’s talk about it”. And they will get you to talk about it, often sharing information that could be compromising your claim.
At the end of the call, they might offer you some money and ask if you want it. But they do not offer it in a very straightforward way, so it is unclear if they are talking about fixing your car or more serious medical costs. After all, you just had an accident, and it has only been a day or two. Your brain is still foggy, and you are unlikely to even realize the extent of your injuries.
They are preying on you with those calls by trying to get you to accept a bad offer or undermine your future claim. And that is just the first tactic they will use. This is why any contact and communication with insurance companies is best handled by a qualified and experienced personal injury attorney.
How Will Insurance Companies Use My Medical History And Treatment To Undermine My Claim?
Another common strategy is to explain any inconsistency or gap in your treatment. They argue that because you did not go to the doctor for three days or for a week, you are not injured.
This neglects the fact that with adrenaline pumping through your body after a car crash, you won’t be feeling any significant pain. But in two or three days, when that wears off, you are in an increasingly large amount of pain. That is when people typically seek out treatment.
But the insurance companies love to ask how they can know that your injury is from the accident, especially if there is a gap in treatment. They will do the same with any gaps later on in treatment if you miss doctor’s appointments or can’t go to physical therapy. Your personal injury attorney will help make sure they do not get away with that.
Additionally, they will also use your personal accident or medical history against you. They will say that since this is, for example, your third accident, the injury was not due to this one but a previous one. Insurance companies will stoop to any tactic they can to delay the process or pay out less than you deserve.
If The Insurance Company Offers A Settlement Right Away, Should I Just Take The Offer?
There’s a famous movie quote that every Georgia driver and pedestrian should remember if they are ever hurt in an accident. Cher said it in Clueless: never accept the first offer. It applies to everything from business negotiations to bargaining for prices, but it applies most especially to insurance company offers.
In one recent case, a client got a phone call three days after his accident; the insurance company offered him $2,500, on a recorded call. His case ended up settling for a hundred thousand dollars. If he had taken that money, that would have prevented him from getting anything else.
He ended up having $78,000 worth of medical bills, but they offered him $2,500. If he had said yes, he would have been out of luck.
You should ever take the first offer, and you should always work with a personal injury attorney who understands what is at stake and what you have a right to claim.
What Happens If I Can’t Get A Reasonable Settlement Offer From The Insurance Company?
Insurance companies are big, and they make big profits by cutting ordinary people out of the money they need. If they drag their heels even after receiving a letter of demand and refuse to offer a reasonable settlement, you can file a lawsuit to claim that compensation from them.
The beauty of our firm is that we are a full-service personal injury firm. We handle pre-litigation, which is when we work with and negotiate with insurance companies to get a fair settlement. We also handle litigation, which is when we file the lawsuit, get depositions, complete discovery, and eventually go to trial.
A lot of lawyers only do one or the other, but we follow through from one to the other to make sure the result is optimal for you. If you don’t like the offer insurance companies offer after negotiations, then we can threaten them with a lawsuit, which will cost the insurance a lot more money, so they are often more willing to offer a good deal.
This is just one more reason why you should work with an experienced personal injury attorney as soon as possible.
When Should I Hire A Personal Injury Attorney After An Accident Or Injury? Should I Wait For Insurance Companies To Make An Offer Or Deny My Claim?
The best time to contact a personal injury attorney is immediately after the accident or as soon as you safely can. The next best time is right now.
If you were accused of murder and the police wanted to talk to you, you would hire a lawyer right away. You never want to talk to someone whose only goal is to put you away without having an advocate there on your side. Similarly, the insurance company’s only goal is to give you as little money as possible. They are not on your side.
You should have someone on your side whose goal is to get you the most money and the best treatment possible. Someone who genuinely cares about your health. That is what a good personal injury attorney is for. For more information on Dealing With Insurance Companies During Georgia Personal Injury Claims, an initial consultation is your next best step.
