A serious car accident can leave you feeling vulnerable and anxious about what comes next. Car insurance is designed to provide financial protection and peace of mind after a crash. Sadly, many accident victims face an uphill battle when they start dealing with the insurance company.
To protect their own bottom line, insurers often use predictable tactics to deny or devalue your accident claim. When adjusters use bad faith practices to deny legitimate car accident claims, policyholders can be faced with extreme financial hardships.
If you believe the insurance company has undervalued or unjustly denied your accident claim, you need an experienced car accident attorney on your side. The well-practiced personal injury lawyers at Hauptman, O’Brien, Wolf & Lathrop have the know-how and resources to negotiate with insurance adjusters and handle contested claims.
Call us today at (402) 241-5020 or complete our online form for a free case review.
Common Practices in the Car Insurance Industry
If you have been hurt or suffered property damage in a car accident, a fair insurance settlement may very well be the key to getting your life back on track after the incident. To achieve the maximum settlement amount possible, you must prepare for the tactics insurance adjusters will use to delay, deny, or undervalue your claim.
Calling you very soon after the auto accident
It is not uncommon for the insurance adjuster from the at-fault party’s insurance company to call you the same day – or soon after – the accident and act exceedingly friendly.
These calls are made in the immediate aftermath of the incident to catch you off guard. The adjuster knows you are stressed, maybe even traumatized. He or she wants to negotiate with you before you have had time to determine the full extent of your injuries, assess all your losses, or hire a lawyer.
Although it may be tempting to engage with the other side’s adjuster, it is important to remember that he or she is not your friend. If you are not careful, the adjuster may persuade you to give up your rights to full compensation for the accident.
Asking you to give a recorded statement
Insurance adjusters frequently ask injury victims to tell their side of the story in a recorded statement. At other times, they may call you on a recorded line. Anything in these recorded statements or conversations can unfortunately be misconstrued and used to undermine your valid accident claim.
The insurance company may also use what you failed to say against you. For instance, the adjuster may ask you pointed questions about your neck injury and then later claim that, since you did not mention that your back also hurt, you must not have suffered a back injury.
Generally, it is not in your best interest to give the insurance company a recorded or written statement unless instructed to do so by your car accident attorney.
Asking for medical authorization
The insurance company may ask you to sign a medical authorization. While this allows them to review your medical records related to the car accident, it also gives them access to your entire medical history.
With the purpose of denying your claim, the insurance company will look for any evidence of pre-existing conditions, prior injuries, or pain. They will then assert that your current pain and injuries existed prior to the car accident and that their policyholder is not liable for your damages.
You are not required to sign a medical authorization and should not be pressured into doing so.
Delaying the claims process
Insurance companies know that many accident victims are emotionally and financially vulnerable after a crash. By stalling the investigation process or failing to follow up, they may unnecessarily delay the claims process.
In this stressful situation, many desperate people will accept a low-ball settlement offer or give up the claim completely. While it can be challenging to do so, remaining steadfast throughout the claims process will likely result in a more favorable settlement amount being awarded.
Misrepresenting policy provisions
Some insurance companies deliberately misrepresent policy limits and provisions when a claim is made. They may even lead a policyholder to believe he or she is not covered.
Be aware of this intentionally dishonest practice if your car accident claim is denied. A knowledgeable attorney can review your insurance policy and hold the insurance company accountable if it misrepresented your coverage.
Requiring unnecessary documentation
Insurance adjusters might request excessive amounts of documentation irrelevant to your claim. Such requests complicate the accident claims process and frustrate efforts to pursue compensation.
By requiring unnecessary or even unattainable documentation, insurers push accident victims into either accepting lower settlement offers or giving up on their claims.
Denying liability
Sometimes, even when the circumstances of the accident are clearly established, the insurance company may simply deny the claim. This routinely happens when the collision results in minimal property damage to the vehicles involved. Yet, even what’s deemed a minor car accident can result in real and complicated injuries.
Further, the insurance company may deny liability by saying you were partially at fault for the accident. Even so, under Nebraska’s modified comparative negligence law, this is not reason enough to completely deny your claim.
Simply put, you can still recover partial compensation in a car accident if you were less than 50 percent at fault for what happened. Accident claims involving contributory negligence can be tricky. A personal injury lawyer can sort out the facts of your case and ensure that you are not denied the compensation you are entitled to by law.
Retaliatory measures
In some cases, insurance companies may threaten to retaliate against policyholders who file an accident claim. This could involve raising premiums, canceling policies, or making it difficult to renew your coverage.
Such unsavory tactics are meant to discourage policyholders from actually using their insurance coverage for its intended purpose – to protect you and others in the event of an accident.
Using your social media posts against you
Anything you put on the internet could have unforeseen repercussions. Insurance adjusters may skew your posts in an effort to use your own words and pictures against you.
Regrettably, a single post on social media could significantly diminish your settlement amount. Even a seemingly innocent picture of you smiling with friends could be used to claim you did not suffer a significant injury.
It is always best to avoid posting or commenting on social media until your car accident claim has been completely resolved.
Contact a Nebraska Car Accident Lawyer for Support
When you are reeling in the aftermath of a serious car accident, a denied insurance claim may be almost too much to bear. If this is your situation, please know that you may have legal recourse for compensation.
The team of experienced and dedicated car accident lawyers at Hauptman, O’Brien, Wolf & Lathrop understand insurance industry tactics well and are proud to fight for the rights of Nebraska injury victims. In an insurance claim dispute, we are the professional and aggressive advocates you need.
With more than 233 years of combined experience behind us, our attorneys have the knowledge and skills necessary to handle your case. We understand that an insurance payout is oftentimes necessary to regain your quality of life after an accident. With that in mind we, when we take your case, we will fight tirelessly for the compensation you deserve.
Get the help you need to negotiate your insurance claim today. Call a car accident lawyer at Hauptman, O’Brien, Wolf & Lathrop at (402) 241-5020 or complete our online form for a free case evaluation. A member of our legal team is standing by to take your call.
