Working with insurance companies after an auto accident can be a complicated and frustrating process. When a car is badly damaged, many insurance adjustors will consider it a "total loss" and begin the settlement process. Often times, adjustors will try to settle on a replacement vehicle that the accident victim feels is an unfair substitute.
If you have been in an accident and are working with your insurance company, it is important to have proper knowledge of the situation to avoid an unfair settlement. The following tips could help ensure you receive a proper settlement:
1.) Insurance papers can be extremely technical and confusing. Before you sign any papers, make sure you fully understand what you're agreeing to. Research any terminology or phrases you do not understand. Also, do not be afraid to contact your insurance company and ask any all questions you may have pertaining to the documents they wish for you to sign.
2.) If your car is no longer drivable after the accident, your insurance company must provide you with a rental car. The insurance company may try to put you in a smaller rental car in an attempt to save money. However, they are obligated to provide a rental that is the same size as the vehicle you were driving at the time of the accident. In addition, if you do not use a rental car for a period of time after the accident, you are entitled to monetary compensation from your insurance company, ranging from $20 to $25 dollars each day.
3.) Research the value of your car at the time of the accident using your local classifieds or websites such as autotrader.com. Insurance companies tend to value your car by finding similar vehicles as close to your home as possible. Many times, this results in an unfair offer. You are not required to accept the adjustor's first settlement offer if you think it is less valuable than your previous vehicle. If this happens, simply counter-offer with copies of vehicles you have found in your own research.
4.) Do not keep the rental car longer than the insurance company permits. You will be held responsible for additional charges. Your insurance company will provide a rental vehicle from the date of the accident until they make a "reasonable offer" for your replacement car. Return the rental the moment the adjustor tells you, even if your settlement check has not arrived.
Like most Iowans, you have likely had a claim against an insurance company for a property damage claim such as hail damage, a leaking roof, etc. You may have received a call or visit from the insurance adjustor to discuss your claim. If you have to deal with an insurance adjustor in the future, there are some tips which may help your matter go better.
First of all, anything you say can and may be used against you by the insurance company and their lawyers. Therefore, no matter what, do not lie. Even a small lie can ruin your credibility. The best policy is to always tell the truth. That way you will never have to worry about what you said. Secondly, you should document your damages by keeping documents which may not seem important at the time, but later may become important. Also, you should keep a diary or journal of who you and when you spoke with various people. Your diary or journal will help you prove the extent of your damages, and can mean a higher evaluation of your claim.
If you sustained injuries there are several other things to keep in mind. For example, if you miss work then you should keep track of the time you miss. This includes keeping doctors excuses for missed work and keeping track of time you miss work for doctors' appointments. Also, you should review any medical bills or explanation of benefits forms that you receive from your health insurance company. The medical records made when you visit your doctor, physical therapist or other medical providers are very important. They will include your description of how you were injured, your physical complaints, your injuries, the doctor's examination findings, and the treatment you received. The insurance companies will base its offer to you on this critical information. If you fail to tell the doctor everything that hurts, not only will it not be treated properly, but also no one will know about it. If you first begin to complain about some problem weeks or even months after you were hurt, the insurance company will likely claim that the problem was not from the accident and reduce their settlement offer to you.
Likewise, remember that failing to see a physician regularly is considered evidence that you have fully recovered to the insurance company and eventually, perhaps to a judge or jury. While you should not go to the doctor every day, you need to see your doctors and tell them if you are still having problems. If your doctor says "follow-up as needed", that means to come back in a few weeks if you are still having problems. If you do not follow-up, then in the eyes of the doctor, insurance company, and perhaps even a jury, you are no longer having problems and have made a full recovery.
Insurance adjustors are trained to use words and techniques to try to settle your case and close your file. They do this for a living, all day and every day. When dealing with an insurance adjustor you need to be smart and watch what you say because it could later be used against you. After all, insurance companies have professionals working for them so you should consider having a professional on your side, a personal injury attorney.
Often after a personal injury accident, an adjustor will offer a few thousand dollars in hope that you will take the offer and settle the claim quickly. If you accept the settlement and sign the release forms, then it is very difficult to change your mind later. While often you can handle a property damage only claim on your own, when it comes to a car accident, work injury and other personal injury cases you may need the expertise of a personal injury or work injury attorney.
This article contains general statements, is not intended as legal advice or legal opinions and does not create an attorney-client relationship. Do not act or rely upon the information in this article without seeking the advice of an attorney because changes in the law occur frequently and you should consult with an attorney with respect to your particular case.
Both Kenneth Christensen & Corey Walker are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Kenneth Christensen has sinced written about articles on various topics from Car Accidents, Accident Claims and Mobile Phone Reviews. Kenneth L. Christensen founded The Christensen Law Firm, PLLC, a personal injury law firm in Salt Lake City, Utah. He specializes in car accident, dog bites, wrongful death and serious injury cases. Learn more about Mr. Christensen at. Kenneth Christensen's top article generates over 6600 views. to your Favourites.
Corey Walker has sinced written about articles on various topics from Legal Matters, Car Accidents and Legal Matters. If you or a loved one have been injured in a car accident, work injury or other personal injury accident then you can request my FREE Book. Why offer a Free Book? Over the past 11 years I have represented hundreds of injured Iowans and have seen too man. Corey Walker's top article generates over 165000 views. to your Favourites.