After a motor vehicle accident, one of the first steps for injured victims is dealing with insurance adjusters. While these representatives may seem friendly and helpful, it’s important to remember that their primary goal is to protect their company’s bottom line—not to advocate for your well-being. Recognizing red flags in your interactions with insurance adjusters can help you safeguard your rights and ensure you receive fair compensation for your injuries and losses.
Here are five common warning signs to watch for when dealing with insurance adjusters and how a personal injury lawyer can provide the guidance you need.
1. Quick Settlement Offers
The Red Flag: Shortly after reporting your accident, you receive a settlement offer from the insurance company that seems too good to be true.
Insurance adjusters often push for a quick settlement, hoping to resolve the claim before you fully understand the extent of your injuries or damages. While it may seem convenient to accept immediate payment, doing so can prevent you from recovering the full amount you’re entitled to, especially if future medical expenses or lost wages arise.
Example:
Imagine you’re rear-ended on I-66 and sustain a mild neck injury. A few days later, the adjuster offers a settlement that barely covers your initial doctor’s visit. Weeks later, you develop chronic pain requiring ongoing physical therapy, but since you’ve accepted the offer, you can’t claim additional compensation.
How to Protect Yourself:
When you receive a settlement offer after an accident, take the time to thoroughly review it to ensure it accounts for the full extent of your injuries, medical expenses, and other losses. Avoid rushing into an agreement, as accepting too soon could leave you with uncovered costs later.
Have a personal injury lawyer examine the offer to help you determine whether it reflects the financial and medical needs associated with your recovery and, if necessary, negotiate for a more comprehensive resolution.
2. Requests for Extensive Medical Records
The Red Flag: The adjuster asks you to sign a release granting them unlimited access to your medical history.
Insurance companies often use broad medical record requests to search for pre-existing conditions or unrelated health issues they can use to minimize or deny your claim. They may argue that your injuries aren’t solely due to the accident or that you had prior issues contributing to your current condition.
Example:
After a truck accident, the adjuster insists on reviewing your entire medical history. They discover a back injury from years ago and claim it’s the real cause of your current pain, not the accident.
How to Protect Yourself:
Only provide records directly related to the accident and consult a lawyer before signing any medical release forms. A personal injury attorney can help ensure your privacy is protected while providing the necessary documentation to support your claim.
3. Downplaying the Severity of Your Injuries
The Red Flag: The adjuster questions the seriousness of your injuries or suggests you’re exaggerating your claims.
Insurance companies often attempt to minimize the value of your claim by disputing the severity of your injuries. They may argue that your treatment plan is excessive or that you’ve recovered more quickly than your doctor indicates.
Example:
After a car crash on Route 123, the adjuster argues that your concussion is a minor injury and offers to cover only a few days of lost wages, ignoring the long-term cognitive issues and ongoing medical care your doctor has recommended.
How to Protect Yourself:
Maintain thorough documentation of your injuries, treatments, and medical expenses. A personal injury lawyer can work with your healthcare providers to build a case that reflects the full impact of your injuries.
4. Blaming You for the Accident
The Red Flag: The adjuster suggests you were partially or entirely at fault for the accident.
Virginia follows a pure contributory negligence rule, meaning that if you’re found even 1% at fault for the accident, you may be barred from recovering compensation. Insurance companies often use this law to their advantage, looking for ways to shift blame onto you to avoid paying out your claim.
Example:
You’re hit by a speeding driver but the adjuster claims you didn’t signal when changing lanes, implying that your actions contributed to the crash.
How to Protect Yourself:
Never admit fault or provide speculative statements about the accident. Instead, let your lawyer handle communication with the insurance company. A skilled attorney can gather evidence, such as traffic camera footage or eyewitness statements, to counter these tactics.
5. Delaying Your Claim
The Red Flag: The adjuster consistently delays responding to your calls or processing your claim.
Delays are a common tactic used to pressure claimants into accepting low offers or giving up entirely. Insurance companies know that mounting medical bills and lost wages can create financial stress, making victims more likely to settle for less than their claim might be worth.
Example:
After a serious accident involving a delivery van in Arlington, the adjuster takes weeks to respond to your inquiries. During this time, your medical bills pile up, and you’re unable to return to work, creating significant financial strain.
How to Protect Yourself:
Document every interaction with the insurance company, including dates, times, and details of conversations. A personal injury lawyer can intervene to push the process forward and ensure your claim is handled in a timely manner.
Why You Need a Personal Injury Lawyer After a Motor Vehicle Accident
Dealing with insurance adjusters after an accident can be stressful, especially if you’re unfamiliar with their tactics. A personal injury lawyer acts as your advocate, handling communications with the insurance company so you can focus on recovery. Here’s how they can help:
- Evaluate Your Claim: Ensuring all damages, including future medical expenses and pain and suffering, are accounted for.
- Negotiate Fair Settlements: Countering lowball offers and advocating for the full value of your claim.
- Gather Evidence: Building a strong case by collecting accident reports, medical records, and expert testimony.
- Navigate Virginia’s Laws: Protecting your rights under Virginia’s pure contributory negligence rule and other legal standards.
Injured in a Motor Vehicle Accident in Virginia? Contact the Experienced Personal Injury Lawyers at MacDowell Law Group Today!
When you’re injured in a car or truck accident, your priority should be recovery—not dealing with the insurance company’s tactics. Let the experienced personal injury lawyers at MacDowell Law Group handle your case.
Serving clients in Fairfax, Alexandria, Arlington, and Vienna, we’re committed to protecting your rights and securing the compensation you’re seeking after a motor vehicle accident. Call us today at (703) 844-4519 for a free consultation and take the first step toward justice.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.