You should. If you were injured in a car accident that was not your fault, you have a right to be compensated. This does not mean the insurance company will eagerly take out their check book and write you a check. To understand the behavior of the at fault party’s insurance company, it is necessary to understand what motivates them.
It should come as no surprise to you that insurance companies are for profit enterprises loyal primarily to their shareholders and driven by profits. They are not interested in “doing the right thing” or being a good corporate citizen. Insurance companies approach car accident claims as nuisances in need of disposal in the most economically efficient way. They accomplish this objective in a variety of methods. Three of these are covered in this article.
- If liability is clear and the insurance company for the at fault driver does not see a clear path to denying the claim, their immediate intent is to dispose of the claim as quickly as possible. There are tactical reasons for this strategy. Too many times, victims of accidents are vulnerable to carefully designed maneuvers the insurance company will use. This vulnerability is usually the result of:
- physical, emotional, and/or mental injuries suffered by the victim in the car accident
- not be able to think clearly or too distracted by pain and anguish to realize they are being taken advantage of
- stressing about loss of wages or income
- not having transportation due to their car being totaled or in the shop for repairs
- needing to rearrange their schedule to accommodate a growing number of medical visits
- trying, often unsuccessfully, to connect with the insurance company
- sorting through a growing pile of bills from medical providers, towing companies, and autobody shops
For the reasons above and more, the insurance company knows they have the advantage. By reaching out to the victim early in the process and offering a token settlement they assume the role of the protagonist tossing the victim a lifeline. Given the above vulnerabilities, they know desperation will lead many people to accept a low offer, if only to temporarily stop the bleeding. Once the offer is accepted, the insurance company is discharged from further obligation and the victim is on their own for any future care or ongoing losses.
- If liability is not clear, or if the insurance company believes there is an opening, no matter how slight, to inject doubt into the question of fault, they will do so. They will comb through the evidence, interview witnesses, examine police reports, and sometimes hire private investigators and defense experts to analyze and report. They will then use these reports to sow doubt into the validity of your claim and either force you to accept defeat, or a small settlement.
- Accessing your private health information and manipulating it against you. No, the car insurance company does not have a right to access your medical records without your permission. There are many laws that prohibit this invasive conduct. However, nothing stops them from sending you a release for your medical records which they claim you must sign before they consider negotiating a settlement with you. The medical release you are asked to sign will almost never impose any limitations of time or type of providers. This means, by signing these releases, you are permitting the insurance company to access your medical records for any time in your past or from any provider. Once armed with this information, they will contort past medical data to argue or imply your car accident injuries are actually related to something else in your past.
If you have been injured in a car accident that was not your fault, you should receive a fair, reasonable, and equitable personal injury settlement. This settlement should reflect the extent to which you suffered and the losses you incurred. The insurance company will often be happy to offer a quick settlement for a fraction of what you deserve.
Will you know what the real value of your case is without an experienced car accident lawyer protecting your interests and advocating for your rights? Most people will not, and, often will fall victim to the insurance company tactics. This is why we offer a free consultation. You do not have to hire an attorney to talk to one and make sure you understand your rights. We are here for you if you are looking for someone to stand by your side or explain your options.
Other questions you may have after an accident.
Do I call the other driver’s insurance company to report the accident?
Do I file a claim with my own insurance company?
Should I get medical treatment?
Who will pay for the damage to the car?
Will I be able to get a rental while my car is being repaired?
