If you were hurt in a car accident, you may be overwhelmed, and not just because of the collision itself. You may need to deal with medical costs, mechanic bills, and other related expenses. If the crash wasn’t your fault, you may be entitled to compensation.
The South Dakota car accident attorneys at Turbak Law Office, P.C. have dealt with many insurance claims adjusters who use industry tactics to deny our clients proper compensation for their accident-related losses. If you get an insufficient settlement offer from your insurance company, here’s what you need to know.
What Should You Do After a Motor Vehicle Accident?
In the immediate aftermath of your motor vehicle accident, before anything else, ensure your safety and that of everyone else. Then, dial 911 to report the accident and summon medical attention, even if you do not see any visible injuries. Next, take these steps:
- Exchange contact and insurance information with the other driver.
- Take photos of the accident scene, your injuries, and any car damage.
- Get the contact details of any witnesses and ask them for a statement about what they saw.
- Ask the police officer on the scene for a copy of the police report or how you can obtain one.
- Contact an experienced South Dakota car accident lawyer.
What Should You Expect from an Insurance Claims Adjuster?
Insurance companies employ and train their claim adjusters to keep costs low. They assess accidents, review the injuries and losses that spring from the crash, and determine your claim’s value.
When you or your attorney first submit your claim to the at-fault party’s insurer for compensation, the adjuster assigned to your case will conduct an investigation of the accident. They’ll review any available medical and police records, interview any known witnesses, and assess your vehicle’s damage for themselves. Once the adjuster has finished their investigation, they will either deny your claim, or they might give you a lowball offer to attempt to settle your claim entirely.
Should You Give a Recorded Statement?
Insurance adjusters often request recorded statements. It’s best to refer them to your lawyer. While you may not see the harm in putting yourself on record, remember a few things.
First, the law does not require you to provide a recorded statement, even if the adjuster suggests that it does. Insurance adjusters are trained to ask leading questions. They’ll attempt to use the answers you give to either deny your claim outright or reduce the value of your claim.
We highly recommend consulting an experienced car accident attorney before recording any statement for your insurance company. Your lawyer can help you avoid making any statements that could inadvertently harm your claim.
How Long Does It Take to Get Your Claim Processed?
The time it takes for the company to process your claim can vary, depending on the complexity of the accident, the severity of your injuries, the available evidence, and the information available from the parties involved. A relatively simple case in which no disputes arise, and the injuries are fairly minor, might be resolved in a matter of just a few months.
If your injuries are severe and require a lengthy healing time, or if there are disputes about who was at fault for the accident, your case will take longer. Your case won’t be settled until your injuries have healed as much as they can.
In addition, if your lawyer and the adjuster can reach an agreement on an appropriate settlement, your case will resolve more quickly than if your case goes to trial. Going to court can add months or even years to your case.
Why Do Insurance Adjusters Deny Your Claim?
Unfortunately, many insurance adjusters are trained to make a lowball on your claim right away or deny it outright to save their company money. Insurance companies must explain why they denied your claim. When they do, your lawyer can provide them with evidence to refute their denial.
Sometimes, the insurer will try to pin the liability for the incident on you. In some situations, the adjuster may argue that your pre-existing conditions, rather than the accident, are to blame for your current state of ill-health.
A seasoned personal injury attorney can present all the documentation to the adjuster to prove that the accident caused your losses and that you deserve the compensation you’re claiming.
How to Evaluate a Settlement Offer
Many claimants accept the first offer from insurance companies to cover compounding medical and repair bills related to the accident. However, you and your lawyer should review your offer carefully, as insurance companies generally lowball their first settlement to try to save money and close the case quickly.
Compare their first offer with your total expenses, and remember to include future medical costs and potential lost wages from your injuries. Your lawyer will assess the value of your intangible losses, such as pain and suffering. The insurer’s offer should include money for those losses, too. If you accept the insurance company’s offer prematurely, you may forgo important compensation you’re owed.
A dedicated personal injury attorney can run these calculations for you and negotiate with the insurance company on your behalf to help secure the maximum possible compensation.
How Can You Protect Your Interests During the Claims Process?
First, keep detailed records of all correspondence with the insurance company, and avoid signing any documents without understanding their full implications.
Stay away from social media. You should refrain from posting about your accident because the insurer can find your posts and try to use them to reduce your claim’s value.
The most important step you can take after an accident that was someone else’s fault is to hire a lawyer to represent you. The insurance company will have lawyers defending their bottom line, and so should you.
Get Help from the Car Accident Attorneys at Turbak Law Office, P.C.
You don’t need to deal with the post-accident scenario alone. Our experienced South Dakota car accident attorneys at Turbak Law Office, P.C.can help guide you through the claims process, gather evidence for you, negotiate with the insurance company, and represent you in court—if necessary. All to provide you legal peace of mind, so you can focus on healing from your injuries.
Call us today at 605-886-8361 or fill out our online contact form for a free consultation. Let us help you get the compensation that you deserve.