What would you do if you were ever in a car accident? The majority of people dislike discussing such matters until they actually occur, but being prepared is the wisest thing you can do.
If you damage your car in an accident, you could make a mistake that might work to or against your benefit claim. So, which is best: contacting a car accident lawyer or an insurance company?
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Insurance Companies: Are They Really There To Help You?
You’d think that, since you’re paying your insurance company to assist you, their first priority would be to help you no matter the cost. You are incorrect in this assumption. When a claim is presented to your insurance company, it has one objective in mind: to pay as little as possible. This is how the business earns money after all.
If you’re in a car accident, you may believe it’s necessary to contact your insurance provider straight away. They might even sound nice and sympathetic when they call you. However, appearances can be deceptive. Before complying with any insurance firm’s request for a statement, you should consult an attorney for several compelling reasons.
The Downside of Calling Your Insurance Company
Have you ever attempted to sell something at a specific, agreed-upon price and then discovered it was worth far more than anticipated? This is comparable to what happens if you contact an insurance firm after you’ve suffered from a car accident.
In many situations, individuals that are injured in a vehicle accident may seem okay at first, only to find out weeks later that they could easily have a traumatic brain injury, or neck and back injury as well.
So, when your insurance company requests a statement from you at first, they’ll write down that you are healthy and free of injuries, and that you even walked away from the accident. But, what happens weeks after said accident and you realize that you may not be as “okay” and as “healthy” as you originally stated? With insurance companies, it can, unfortunately, be far too late.
When you submit an injury claim, the insurance company will not ask you how you’re feeling several weeks after the accident. They will most likely utilize your first initial statement against you. And this is just the start. Take a look at these other cons when dealing with insurance companies after a car accident:
Negotiating is an art
Many people who choose to deal directly with insurance companies wind up settling their claims for far less than they could have gotten by consulting with a personal injury lawyer. Unless you’re skilled in the art of negotiation, it might be tough to defend your own rights.
The danger of being misunderstood is considerable
When you deal directly with the insurance company, they will utilize the facts you provide them when making a settlement offer. You could inadvertently provide remarks that may be misinterpreted and used against you while recovering from an accident. In fact, you may even end up losing your right to receive adequate compensation.
Pressure or intimidation tactics
Sometimes, automobile accident victims are pressured or threatened into accepting a low personal injury compensation sum. While this is not always accurate, it does happen from time to time. In some cases, victims may decide to settle their case before they are fully aware of the extent of their injuries. This can result in financial and emotional difficulties that last for years after the initial accident. Once settlement agreements or releases are completed, courts are extremely hesitant to reverse them.Poor Compensation
As mentioned in the beginning, when it comes to settling vehicle accident claims, insurance companies have one main aim: getting them settled for as little money as possible. What does this mean for you? This, unfortunately, implies that people who suffer automobile accidents are forced to accept a personal injury compensation package that does not fairly recompense them for their losses.
Added stress
Following a car accident, the days, weeks, and even months can be difficult and perplexing. Now, think of having to deal with an insurance company calling you every single day for compensation payments. This can exacerbate your emotional and mental wellness over time.
Personal Injury Lawyers: How Can They Help You?
You have the right to talk to a lawyer, and you will not be injuring your case if you do so. In fact, rather than discussing the accident with your insurance provider, you might simply point them towards your attorney.
The most important thing to know about a lawyer is that he or she will be dedicated to your greatest interests. Your attorney’s objective is to obtain the highest possible compensation for your losses, which just happens to be your objective as well. Consider how an insurance company would approach the situation. It’s no secret that insurance companies want to deny or underpay claims as much as possible. However, did you know that claimants who have attorneys obtain more money on average? But, don’t you have to pay an attorney fee? Isn’t that expensive?
The facts are that, even after paying an attorney fee, you will wind up with more money than your insurance policy would ever give. There is usually no cost for property damage, indisputable medical expenses, or wage loss, so the insurance is misleading by claiming you would get less if you hire an attorney. The situation is precisely the opposite. Just take a look at the benefits of choosing an attorney:
- You will make more money.
- You won’t have to deal with the insurance company.
- All of the paperwork will be completed correctly!
Your discussions with an attorney are protected by lawyer-client confidentiality. That implies the items you talk about can’t be given to the insurance provider and used against you. For example, you might be concerned about how your existing health problems will affect your claim and want to talk about it confidentially with your lawyer. You can also talk about any worries you may have regarding being partially at-fault for the accident.
Can a Lawyer Help Me If My Claim Was Denied By An Insurance Company?
If you have to ask that question, it might already be too late. Why do we say that? If your claim is denied by an insurance company, it’s unlikely they’ll change their stance unless new evidence arrives. This is why hiring a lawyer ahead of time may be beneficial. From the start, you’ll have the greatest probability of having your claim accepted.
If you had a claim previously denied, an attorney can assist. An experienced legal counsel may evaluate the case from all angles and assess whether there is any possibility of persuading the insurance company to change its position.
Because a non-represented claimant has no opportunity to go to court in the event of an unfavorable decision, insurance companies are not afraid to deny a claim using flimsy logic. Even so, insurance organizations are still less prone to try to refute a genuine claim when one is represented by an attorney.
Now, appealing a denial isn’t as simple as filling out a few forms or writing a lawyer letter to the insurance company. The procedure frequently entails the sharing of information–known as discovery–litigation filing deadlines, settlement discussions, and, maybe, a lawsuit.
When Should I Contact a Lawyer?
Should you hire a lawyer to talk about your insurance claim? Most minor claims go unchallenged. However, there is a greater chance for a dispute in situations where the stakes are higher for both you and the insurance firm. These might include:
- Claims where you and the insurance adjuster don’t agree early on
- Expensive or complex claims
- Large claims (most due to “acts of God”)
- Claims where the fault is hard to establish
If you believe you have a potential insurance claim, it is usually preferable to contact an attorney before speaking with any insurance representative. There should be no cost to consulting with a lawyer about a possible insurance claim, so there’s no risk in getting some competent legal counsel before proceeding.
When you call your insurance company to report an accident, you might unintentionally damage your claim if you don’t speak with a lawyer before calling them. So, when making a claim with an insurance company, be sure to talk beforehand with an experienced lawyer.
Did you know that even the insurance sector recommends that you hire a lawyer?
The Insurance Information Institute, a self-financing trade organization, has provided an explanation of how claims are handled. “Consult an attorney” is a piece of troubleshooting advice for difficult claims, but it’s easy to add that the American Bar Association emphasizes that “many legal issues may be handled by customers without the assistance of a lawyer.”
In the end, you’ll have a clear understanding of which option is best for you.
Your Lawyers at Kirakosian Law are Committed to Your Best Interests
If you call a lawyer first, he or she will be able to provide you with an objective assessment of whether you have a legitimate case. Attorneys are unlikely to propose filing a claim unless there is a basis for one, and they are more than likely to get compensated. However, personal injury attorneys, such as those at Kirakosian Law, do not get compensated unless their clients are paid.
Should you hire a lawyer if your claim is denied? No, you should employ one before your claim is rejected—and perhaps even before you’ve appealed.
The sooner you contact our law firm, the sooner we can begin building a comprehensive personal injury case on your behalf. You do not deserve to take on the financial impacts of someone else’s dangerous driving, and we will fight to ensure that this is not the case. Contact us as soon as possible to schedule your free case evaluation and initial consultation today. Greg Kirakosian and Kirakosian Law are here to help you.