Following your car accident and personal injury, you cannot expect the insurance companies to protect your rights and financial interests. You should be careful when you are filing a claim following an accident and injury in New York City. Insurance companies, at the end of the day, are businesses with a profit line to consider. Here are a few things that insurance companies sometimes indulge in that may work against your interests as an injured victim. Clearly the insurer will never want you to know about these facts as discussed below.
Following your car accident and personal injury, you cannot expect the insurance companies to protect your rights and financial interests. You should be careful when you are filing a claim following an accident and injury in New York City. Insurance companies, at the end of the day, are businesses with a profit line to consider. Here are a few things that insurance companies sometimes indulge in that may work against your interests as an injured victim. Clearly the insurer will never want you to know about these facts as discussed below.
1. Your Settlement Will Be Low without a Personal Injury Lawyer
According to a 1994 study by the Insurance Research Council, insurance companies tend to save at least 50% when claimants don’t consult with a lawyer. This is why they do everything to prevent claimants from speaking to an attorney. You can almost guarantee a low-ball settlement offer if you go ahead without legal representation.
2. Adjusters are Protecting the Insurance Company’s Interests and not Your Own
Never allow an adjuster to push you into accepting a quick settlement that you think doesn’t benefit you. It is probably a good idea to terminate the conversation immediately if you get a funny feeling in your gut. Don’t agree or sign to anything without consulting with an attorney first. Adjusters are extensively trained to always keep the insurance company’s best interest first.
3. Insurance Providers in New York Want to Avoid Litigation if You Hire a Top-Rated Personal Injury Attorney
Your insurance provider doesn’t want you to speak with an attorney because they want to avoid being sued. The insurance company may need to pay more if you decide to sue the other driver. The insurance company will be facing a bigger financial loss if they investigate you and find you at fault. This is particularly true if you suffered any injuries.
4. Insurers Don’t Take Most Injury Claims Seriously
Accidents generally involve an injury which is not readily visible at the outset. These claims are known as MIST or “minor impact soft tissue.” Insurance companies don’t want to pay for a painful back and neck injury. They have spent years trying to get out of paying such settlement. You should consider an attorney in such cases to have your claim acknowledged and damages covered. There are certain injuries that don’t become apparent immediately. Your attorney will do everything necessary to help you get compensation for your medical treatment.
5. Second Opinions from a Doctor are Allowed
The insurance company may send a doctor to perform an adverse exam. In some cases, the doctors are in favor of the insurance company. They may claim that the injuries are pre-existing or downplay them. All hope is not lost when this occurs. You can always get a second exam. Your attorney will help you find a physician with acumen in automobile accident cases.
6. Don’t Delay in Filing Your Personal Injury Claim in NYC
You only get a short time to file an insurance claim following the auto accident. Don’t sit back and relax even if your adjuster tells you that it is ok. You may find yourself exceeding the time limits if you wait too long. You may end up getting duped of your rightful money.
7. Thoroughly Document Everything Related to Your Accident
Documentation is one of the most necessary aspects in car accident insurance claim. Documentation provides necessary evidence. Photographs are your best friend, and you should take photos of everything. You should take pictures of all injuries, property damage, and conditions.
8. An Insurance Adjuster in New York is Not Your Friend
Adjusters are highly trained and experienced. They have the power to pull wool over your eyes if you let them. They have a knack of making customers more comfortable. Their friendliness may make you feel that you don’t need an attorney. However, don’t allow them to kill you with kindness.
9. Adjusters are Paid to Minimize Your Claims
You should be aware of the fact that you are at war with the insurance company even if you were not at fault. The provider will send an adjuster for checking the damages when you file a claim. They have several tactics for denying or minimizing the claim. It’s a salient idea to have your documentation ready before giving them a call. You should also know that your premium will typically go up regardless of who is at fault.
10. Doctors Chosen by the Insurance Company May Protect the Insurer’s Best Interests
There are several reasons why you should consider hiring an attorney or at least discussing your claim with them before approaching the insurance provider. In case of personal injury, your claim depends on the doctor’s examination. Insurance adjusters will refer you to medical examiners that they know will minimize the injury. They may use tactics for discrediting your claim and minimizing the settlement amount.
11. You may have a Claim Even When You are Partially At Fault
It is best to speak with a New York City personal injury attorney quickly after you have been determined to be at fault. There is a possibility that you may still have a claim. The other driver may also have made a mistake that caused the accident, making them partially at-fault. This means that the settlement offer will be shared in proportion between you and the other driver.
12. Fight a Denied Claim
Insurance companies are not in the business to give away money. They look for all kinds of reasons to deny claims. You have the right to fight if they have wrongly denied your settlement claim. Insurance providers have legally agreed for acting in ‘good faith’ to pay for benefits. This occurs automatically when you sign up for their service. You have the legal right to file a lawsuit for seeking benefits owed to you when you are denied a legitimate claim. Having a lawyer by your side will prevent insurance companies from taking advantage of your situation.
13. Insurers in New York May Drag the Filing Process
Insurance providers have ways of making the claim filing process obnoxiously long. You may have to wait a long time to file the claim. Further, the insurance company may take a long time in giving you the money from the settlement. Adjusters are trained for slowing down the entire process. This is done in a bid to wear you down so that you accept any low settlement offer they make. You may think the insurance company is following protocol, but they are actually delaying the entire process. The three Ds to watch out for are – delay, deny, and defend the decision. Most insurance providers try to delay the claim as much as they can, only to deny it at the end. They may then defend their position and make you believe that you never had a claim to begin with. These tactics are to make the entire claims process grueling for the claimant.
14. Insurance Companies May Devalue Your Claim Through Sophisticated Computer Programs
Majority of insurance providers make use of sophisticated computer programs for analyzing bodily injury claims. They do this in an attempt to minimize the settlement offer and to maximize their profits. The most prevalent software are Colossus, Claims Outcome Advisor, Injury Claims Evaluation. In fact, Colossus is used by 13 out of 20 of the largest car insurers in the United States as per a report by Computer Science Corporation. This is used for reducing payments substantially after bodily injuries. The software analyzes the type of physician you consult, date of first treatment, and the duration of care.
15. You Can Pay for Less for Your Car Insurance
There are ways to lower the insurance premium you pay. In some cases, it involves reducing coverage. For instance, you don’t need comprehensive coverage if your vehicle is old. You can raise deductibles as another money-saving move before the insurance kicks in. However, you would need to cover the potentially higher costs related to out-of-pocket expenses. The Insurance Information Institute states that you can save 40% or more by having a $1,000 deductible. You should also ask about discounts in regards to multiple cars, low-mileage, safe cars, and students.
16. Personal Car Insurance Doesn’t Cover Commercial Runs
Most insurance policies exclude coverage for driving a personal car for business purposes. Most companies will cancel the insurance policy if they discover that you are doing this. You should be aware of what is covered if you are using your vehicle for messenger, pizza delivery, or ride-share. You can speak with the insurance company about endorsing your vehicle for business related driving.
17. Insurance Will Pay Even If Someone Else Drives the Car
The general rule in auto insurance industry is that the insurance doesn’t follow the driver, but the car. When you loan your vehicle to someone else, you are essentially loaning them the insurance as well. This makes it necessary for you to consider the insurance implications whenever you let someone else get behind the wheel.
Speak With a Capable New York City Auto Accident Attorney
Filing an insurance claim is rife with complexities. You can improve the likelihood of getting reasonable compensation by working with a qualified attorney. The car accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP have the necessary resources, experience, and knowledge to navigate your claims process. We will negotiate with the insurance provider so that you can focus on recovering from your injuries. Give us a call today at 212-344-1000 or use our online form to speak with a trusted and resourceful lawyer in New York.
