In the pursuit of justice following a car accident, every decision can significantly affect the outcome of your injury claim. To maximize your potential compensation, it is critical to avoid certain common car accident injury mistakes. In this article, I’m going to discuss five of the most detrimental mistakes people often make during their injury claims. Moreover, I’ll also provide you with a bonus to potentially help anyone injured in a car crash secure a larger settlement.
1. Accepting a Low Ball Settlement Offer
One of the first mistakes to avoid is accepting a low-ball settlement offer shortly after your car accident. Many victims fall prey to the pressure from insurance adjusters, hastily settling for amounts such as $500, $1,000, or $5,000. However, it’s vital to remember that insurance companies are profit-oriented businesses, and their initial offers almost never fully reflect the value of your injury claim. They rely on statistics showing that some victims will hastily accept low settlements, saving the companies considerable money. Do not fall for this trap.
2. Revealing Financial Desperation
Revealing your urgent need for money to an adjuster is another grave mistake. If adjusters sense your desperation, they are likely to exploit it by making low-ball settlement offers, hoping you will accept them out of urgency. To secure a fair and reasonable settlement offer, keep your financial desperation concealed.
3. Neglecting Your Health Insurance Lien
Many victims fail to consider their health insurance lien and overlook their legal obligation to repay their health insurer for accident-related treatments. In Kentucky, ensure that the other driver’s insurance company is valuing your claim for the entire amount of your medical charges, not just the discounted rate paid by your insurance. This is important because Kentucky law allows you to claim the full amount of your medical bills. While your health insurer, medicaid provider, or workers’ compensation provider will have a lien on your case, remember that you can negotiate the amount owed to them at the end of the case, potentially increasing your settlement sum.
4. Providing a Recorded Statement
The fourth mistake to avoid is providing a recorded statement to the other driver’s insurance company. They may use your words against you later in your case, damaging your claim. Always remember – you are under no obligation to provide such a statement to an adverse insurance company.
5. Failing to File a Lawsuit when Necessary
When insurance companies make unfair offers, they rely on the victim’s aversion to lawsuits. If your settlement offer is not fair and reasonable, consider filing a lawsuit against the at-fault driver or even your insurance company if necessary. Filing a lawsuit can exert considerable pressure on the insurance company, potentially leading to a more substantial settlement offer.
Bonus Tip: Draft and Share a Complaint
To show your determination in pursuing your claim, draft a legal complaint and send a copy to the insurance adjuster before filing it in court. This step can demonstrate your seriousness in pursuing your claim and sometimes result in a higher offer from the insurance adjuster, possibly resolving your case earlier.
Don’t Make Car Accident Injury Mistakes – Contact Us Today!
It is always recommended you consult with a lawyer about your particular situation. If you’ve been injured in a car accident in Kentucky, Don’t Wait, Call Tate! Your personal injury claim’s success hinges on informed decision-making and diligent pursuit of justice. Our team can help you avoid these mistakes to give your claim the best chance of success.