Archives for January 2021

It’s important to understand that insurance adjusters are generally seeking a way to lower the amount of compensation you receive.

If you’ve been injured in a car accident, you will likely receive a call from the at-fault driver’s insurance company. The insurance will ask a few questions about the accident and your wellbeing, and it’s important to understand that your answers can influence your claim. The adjuster may make it look like a casual conversation, but they will pay close attention to every word you say and look for any opportunity to lower your settlement. 

With that in mind, here are a few tips on how to speak with an insurance adjuster after a car accident.

Identify the Person You Are Speaking with

Politely ask for the adjuster’s name, phone number, email address, the name of the insurance company they are working for, or the person/business they represent. At this point, it’s generally wise to speak with an experienced car accident attorney before providing them with information.

Don’t Offer Too Much Information about Yourself

The adjuster may ask for a lot of personal information and mask everything as a casual conversation. Please note that you don’t really have to give the adjuster too many details about yourself except for your name, address, and telephone number. You can also tell them your occupation or the company you are working for, but you don’t have to go into details. 

Discuss Only the Basic Facts About the Accident

The adjuster may ask you to give a statement about what happened. Although they might make it seem like you are required to do so, the law generally doesn’t oblige you in any way to give this kind of statement. 

Some adjusters will engage you in a friendly conversation during which they will ask you details about the accident. They might say something like, “Oh, it sounds like you were having a busy day. You were probably very tired, weren’t you?” to which you may feel inclined to answer yes. They may then use this statement to argue that you were distracted and share some of the blame for the accident. 

If you decide to continue the conversation without first speaking with an attorney, pay attention to the questions they ask and only discuss the basic facts about your accident: when, where, the type of the accident, the type of the vehicle, and the name of the witnesses. 

Don’t Discuss Your Injuries

The adjuster will also ask questions about your injuries and well-being. Don’t give any details, and don’t make any assumptions. Saying something like “I think it will get better in a few weeks” will likely affect your settlement. 

Leave the Negotiations to An Experienced Lawyer

It’s not unusual to be offered a quick settlement by the insurance company. It can be tempting to accept it, especially if you are pressed by piling medical bills. However, more often than not, it’s a low ball offer that doesn’t really cover the true extent of your injuries and damages.  Politely decline to discuss the case any further and let your St. Louis car accident lawyer take over the negotiations. 

While insurance adjusters are usually friendly and seem very genuine, the truth is that their goal is to minimize your claim and pay you as little as possible.

If you’ve ever watched an ad for a car insurance company, you may think that filing and getting compensation is a walk in the park. While insurance adjusters are usually friendly and seem very genuine in their desire to help you, the truth is that their goal is to minimize your claim and pay you as little as possible. Insurance companies are for-profit businesses, and they use many tactics to scare victims into accepting a low-ball offer. 

Insurance Companies Will Try to Convince You That You Need to Offer a Recorded Statement

If you were in a car accident, you might get a call from an insurance adjuster, claiming that you need to give a recorded statement about the incident. Although they might make it look that these statements are mandatory, the reality is that you generally have no legal obligations to give one. Adjusters are trained to ask trick questions and use your answers against you to reduce or even deny your claim. 

The Three D’s

Insurance companies know that victims are often under a lot of pressure to pay their medical bills or other expenses and take advantage of this stress. One of the most common tactics they used to reduce or deny a claim is the three D’s – delay, deny, and defend. 

Insurance companies often delay your claim, deny that your injuries were caused by the car accident, or are as serious as you claim them to be, and are ready to defend their position. 

They Assign You a Team of Adjusters

Another tactic insurance companies use is telling you that they’ve assigned a team of adjusters to work on your case. That might sound great, but the fact of the matter is that they can stall and affect your claim. 

A team of adjusters usually has very little authority and has to run everything through their superiors, meaning that communication is slow and tedious. 

A Lawyer Can Help

Many people wrongly assume that they can handle their car accident claim by themselves and save money on hiring an attorney. However, car accident victims have a better shot at fair compensation by working with an experienced car accident lawyer.

That’s because car accident lawyers know all the tactics used by insurance companies and have the skills and resources to fight back. 

Speak With an Experienced Attorney

It’s easy to think that insurance adjusters are well-intentioned and eager to help you. After all, they’ve been trained to gain your trust and make you open up to them. But, make no mistake: they will use anything they can to minimize your claim. 

By working with a St. Louis car accident lawyer, you increase your chances of getting fair compensation for your injuries. 

Drivers who opt for the minimum coverage can sometimes discover just how expensive car accidents can truly be.

Auto insurance is mandatory in Missouri, and the minimums are set at:

• $25,000 for bodily injury per person
• $50,000 for bodily injury per accident
• $25,000 for property damage

The law also requires drivers to carry mandatory uninsured motorist coverage with the same set minimums. Drivers are free to purchase policies with higher levels of protection.

When you are involved in a car accident, these insurance policies generally kick in and provide you with financial support to cover medical expenses and property damage costs. However, in some cases, drivers may have total expenses that well exceed their insurance policies, leaving them unsure of how to cover the gap.

Who Pays for the Accident?

First, it’s important to determine who should cover your medical bills and property damage costs. If you were driving and accidentally hit a pole, for instance, then you have your personal auto insurance to fall back on.

However, if you are the victim of a car accident, then legally, the at-fault driver is generally obliged to cover the costs of all the damages the car accident has caused you. In this case, you don’t file a claim with your insurance company but the company of the at-fault driver.

The same goes if you are at fault for the incident. The ‘victim’ files a claim with your insurance company to seek damages.

What If the Policy Can’t Cover All of It?

Drivers who opt for the minimum coverage can sometimes discover just how expensive car accidents can truly be. 

If you’re the victim and are filing for compensation with the at-fault party’s insurance company, and their policy is not enough to cover what you’re owed, you have the option to seek the rest of your compensation in court. You are legally entitled to recover full damages, even if the driver’s insurance policy does not have sufficient coverage. A judge can therefore rule the at-fault party must pay the rest of the amount out of pocket. In the meantime, you may fall back on your insurance policy for certain expenses.

These matters are not as easy when it comes to your personal insurance, however. If your policy is not enough to cover your costs’ full extent, you will likely have to cover the additional costs out of pocket.

Before you do, speak with an experienced St. Louis car injury lawyer, and have them look over your case. Sometimes, insurance companies can refuse to cover certain costs even if the policy limit is not exceeded.

St. Louis Car Accident Lawyers

If your car accident claim exceeds your insurance policy, reach out to a St. Louis car accident attorney at The Hoffmann Law Firm, L.L.C., before you start paying the costs out of pocket. There may be additional legal options available to you, and we can help you identify them and protect your right to compensation.