When you suffer a personal injury in New Jersey, whether from a car accident, a slip and fall, or another unfortunate incident, your immediate focus is likely on your recovery. But have you considered what happens next? As you navigate the aftermath, you’ll quickly find that dealing with insurance companies can be a complex and, at times, frustrating process. Insurance companies are businesses, and their primary goal is to protect their bottom line. Unfortunately, this often means employing tactics designed to minimize the amount they pay out in claims, including yours.
Understanding these tactics and how to protect your claim is crucial in ensuring you receive the compensation you deserve. In this blog, we will explore some of the most common strategies insurance companies use and provide guidance on how to safeguard your personal injury claim.
The Quick Settlement Offer: Why You Should Be Cautious
One of the most common tactics insurance companies use is offering a quick settlement shortly after an accident. Have you already received such an offer? This might seem appealing, especially if you are dealing with mounting medical bills or lost wages, but it’s important to proceed with caution. Quick settlement offers are often much lower than the full value of your claim, and accepting one may prevent you from seeking additional compensation if your injuries turn out to be more severe than initially thought.
Protecting Your Claim:
Before accepting any settlement offer, have you considered speaking with a personal injury lawyer? An experienced attorney can help you understand the true value of your claim, including potential future medical expenses and lost earning capacity. They can also negotiate with the insurance company on your behalf to ensure you receive a fair settlement.
Downplaying Your Injuries: Don’t Let Them Undermine Your Pain
Have you noticed the insurance adjuster downplaying the severity of your injuries? They might argue that your injuries are pre-existing, not as serious as you claim, or that they were not caused by the accident. This tactic can be particularly damaging if you have not yet fully recovered or if you are facing long-term or permanent disabilities.
Protecting Your Claim:
It is essential to have thorough medical documentation that clearly outlines the extent of your injuries and their impact on your life. Are you following your doctor’s recommendations and attending all medical appointments? Keeping detailed records of your treatment is crucial. If the insurance company disputes your injuries, your lawyer may recommend obtaining an independent medical evaluation to support your claim.
Delaying the Claims Process: Patience and Persistence Are Key
Is the insurance company dragging its feet on your claim? Another common tactic is delaying the claims process in the hopes that you will become frustrated and accept a lower settlement or give up on your claim altogether. Insurance companies know that financial pressures can build over time, and they may use delay tactics to exploit this vulnerability.
Protecting Your Claim:
While delays can be frustrating, how are you handling them? It’s important to remain patient and persistent. Continue to follow up with the insurance company regularly, and document all communications. Your attorney can also help expedite the process by holding the insurance company accountable and, if necessary, pursuing legal action to compel a timely resolution.
Requesting a Recorded Statement: Proceed with Caution
Insurance adjusters often request that claimants provide a recorded statement about the accident and their injuries. While this may seem like a routine part of the process, it’s important to understand that anything you say in a recorded statement can be used against you. The adjuster may try to get you to admit fault, downplay your injuries, or provide statements that could be interpreted in ways that weaken your claim.
Protecting Your Claim:
Did you know that you are not legally obligated to provide a recorded statement to the other party’s insurance company? It’s best to decline the request until you have consulted with an attorney. If a statement is necessary, your lawyer can guide you on what to say and can be present during the recording to protect your interests.
Misrepresenting Policy Limits: Know Your Coverage
Some insurance companies may misrepresent the policy limits available to you, suggesting that the maximum amount you can recover is lower than it actually is. This tactic is used to pressure claimants into accepting a lower settlement.
Protecting Your Claim:
Are you aware of your policy coverage? Request written confirmation of the policy limits from the insurance company. Your attorney can review the policy and ensure that you are fully aware of the coverage available to you. They can also challenge any misrepresentations made by the insurance company.
Disputing Liability: The Importance of Evidence
Is the insurance company trying to blame you for the accident? Insurance companies may attempt to dispute liability by arguing that you were partially or fully at fault for the accident. In New Jersey, the doctrine of comparative negligence applies, meaning that if you are found to be partially at fault, your compensation may be reduced by your percentage of fault. If you are found to be more than 50% at fault, you may not be able to recover any compensation at all.
Protecting Your Claim:
Gathering and preserving evidence is critical to proving liability in a personal injury case. This includes photographs of the accident scene, witness statements, police reports, and any other documentation that supports your version of events. An experienced personal injury lawyer can help you collect and present this evidence effectively.
Pressuring You to Settle Before You Fully Understand Your Injuries
In some cases, insurance companies may pressure you to settle your claim before you have a complete understanding of the extent of your injuries. For example, if you’ve suffered a back or neck injury, it may take weeks or months to fully understand the long-term impact. Settling too early could leave you without sufficient funds to cover future medical treatments.
Protecting Your Claim:
It’s essential to wait until you have reached maximum medical improvement (MMI) before settling your claim. MMI is the point at which your condition has stabilized, and you have a clearer picture of your long-term needs. Your attorney can help you determine when it’s appropriate to settle and ensure that all future medical expenses are accounted for in the settlement.
Lowballing Your Pain and Suffering Damages: Demand Fair Compensation
Do you feel like your pain and suffering damages are being underestimated? Pain and suffering are often significant components of a personal injury claim, but they can be difficult to quantify. Insurance companies may offer low settlements for these non-economic damages, arguing that your pain and suffering are minimal or unsupported by evidence.
Protecting Your Claim:
Document the impact your injuries have had on your daily life, including physical pain, emotional distress, and any limitations on your ability to work or enjoy activities. Your attorney can help you present a compelling case for fair compensation for your pain and suffering, using medical records, expert testimony, and your own documentation.
Stand Up to Insurance Companies with Trusted Legal Representation in New Jersey
At The Law Offices of Richard A. Stoloff, we understand the challenges you face after a personal injury. Our dedicated team is here to protect your rights and ensure you receive the compensation you deserve. With extensive experience in handling personal injury cases across New Jersey, we know how to counter the tactics insurance companies use to undermine your claim. We are committed to guiding you every step of the way, from gathering evidence to negotiating a fair settlement. Don’t let the insurance company dictate your future—reach out to us today for a free consultation and take the first step toward securing the justice you deserve.