How Car Insurance Companies Fight Your Personal Injury Claim

If you have been involved in a car accident, a claims adjuster for the insurance company will often begin calling you immediately after you file your claim. The claims adjuster will probably act friendly and tell you he or she is here to help you get the compensation you deserve as quickly as possible. It is easy to assume that the claims adjuster has your best interest in mind, especially when they are so friendly and seem so helpful. However, car accident victims need to proceed with caution when discussing their case with a claims adjuster.

Insurance adjusters use multiple strategies and tactics to try to deny giving victims the compensation they deserve. After all, insurance companies are for-profit companies with a vested interest in denying personal injury claims. Many of them have become skilled at finding ways to deny claims as quickly as possible. We will discuss some of the most common tactics car insurance companies use to fight your personal injury claim.

North Carolina uses the legal doctrine of contributory negligence. Car accident victims can not obtain damages if their negligence contributed to the accident. The doctrine of contributory negligence is harsh. If a court finds that you are even one percent at fault for the car accident that caused your injuries, it will bar you from receiving compensation for your injuries. Car insurance companies know that this rule works in their favor, and they will try to convince you that your claim does not have any value because you played a part in the accident, however small.

However, just because they say you were at fault and try to deny your claim does not mean you are at fault or that you will lose in court. Often, the claims adjuster tries to pressure people into accepting a low settlement amount by telling them they are at fault and will not succeed unless they take their low offer. If the insurance company tries to deny your claim due to a minor mistake that you made, we recommend contacting a personal injury lawyer as soon as possible. Your lawyer can evaluate the facts of your case and create an effective strategy that addresses the doctrine of contributory negligence.

Another common tactic involves claiming that you are not injured, that your injury pre-existed the accident, or that your injury is not as severe as you claim. Suppose you have a degenerative disc in your back, and you have been going to a chiropractor for a few years. You are involved in a car accident that is not your fault, and your back becomes even more aggravated to the point that you can barely get out of bed. The car insurance company may claim that your back injury was not caused by the car accident. In other words, they may argue that your injury pre-existed the car accident and that the negligent party didn't cause your injury. An experienced car accident lawyer can help you gather evidence showing that the negligent party made your back injury more severe or caused an additional back injury, separate from your previous injury.

Insurance companies know that car accident victims are worried about their growing medical bills. Many car accident victims cannot return to work and are concerned about how they will pay their medical bills without with no income. Insurance adjusters use the vulnerability of car accident victims to pressure them into accepting a low settlement offer.

Have you suffered a serious injury, like a spinal cord injury or traumatic brain injury? If so, it is even more likely that the insurance company will put tremendous pressure on you to settle your claim before you speak to a lawyer. When an insurance company convinces you to sign a settlement agreement, you lose your right to pursue compensation in court or to continue the negotiation process with the help of your lawyer. You do not want to accept too little and discover later that your settlement does not cover all of the costs associated with your injury long-term.

If you or your loved one have been injured in a car accident in Charlotte, we recommend contacting one of our experienced personal injury lawyers before you accept a settlement offer. Contact us today to schedule your free initial consultation.