Dealing with an accident is stressful enough without adding the frustration of an uncooperative insurance company. When you’ve been injured due to someone else’s negligence, you expect their insurer to handle your claim fairly and in a timely manner. Unfortunately, that’s not always the case. Many insurance companies use delay tactics, deny valid claims, or offer settlements far below what your injuries require.
If you find yourself in this situation, it’s essential to know your rights and understand the steps you can take. This guide explains what to do when an insurance company won’t play fair and how a personal injury lawyer can help you navigate these challenges.
Common Insurance Tactics That Hurt Accident Victims
Insurance companies are businesses, and like any business, their primary goal is to protect their bottom line. Unfortunately, this often comes at the expense of accident victims. Here are some common tactics insurers use:
Delaying the Claims Process
Some companies drag out investigations, hoping victims will give up or accept a low settlement out of frustration. This delay tactic can also include repeated requests for unnecessary documentation or failing to return calls in a timely manner.
Denying Liability
Insurers may argue that their policyholder was not at fault or that the accident didn’t cause your injuries. They might claim insufficient evidence or question the credibility of your account of the incident.
Minimizing Your Injuries
They might claim your injuries are less severe than reported or unrelated to the accident. Insurance companies frequently hire their own medical experts to dispute your doctor’s findings.
Offering Low Settlements
Initial settlement offers are often far below what your claim is worth, designed to save the company money. These offers may not account for future medical needs, lost income, or pain and suffering.
Misinterpreting Policy Language
Some adjusters use complex policy terms to confuse victims into believing they’re not entitled to compensation. They may also misstate the coverage limits of the at-fault party’s insurance policy.
What Should I Do If I’m Injured by Someone’s Negligence?
If you’ve been hurt in an accident caused by another person’s negligence, taking the right steps can protect your claim and increase your chances of securing fair compensation:
Seek Medical Attention Immediately
Your health is the top priority. Prompt treatment not only ensures your well-being but also provides documented evidence of your injuries. Medical records will be critical if the insurance company questions the validity of your claim.
Document Everything
Gather evidence, including photos of the accident scene, your injuries, and any property damage. Obtain witness contact information and file a police report if applicable. These pieces of evidence can establish a clear narrative of what occurred.
Report the Incident
Notify the at-fault party’s insurance company of the accident, but avoid giving a recorded statement until you’ve consulted with a lawyer. Insurance adjusters often use recorded statements to twist your words and diminish your claim.
Track All Expenses
Keep detailed records of medical bills, lost wages, and other costs related to the accident. Don’t forget to include non-economic impacts, such as emotional distress and decreased quality of life.
Consult a Personal Injury Lawyer
An experienced attorney can help you navigate the claims process and fight back against unfair insurance practices. They can also handle communication with the insurer, ensuring your rights are upheld.
Legal Options When Insurance Companies Delay or Deny Claims
When an insurance company refuses to act in good faith, accident victims have several legal remedies:
File a Bad Faith Insurance Claim
In New Jersey, insurers are required by law to handle claims fairly. If they violate this duty, you can file a bad faith claim seeking additional compensation. These claims may also include punitive damages designed to deter similar behavior in the future.
Demand Arbitration
Some insurance policies include arbitration clauses. In these cases, a neutral third party can resolve disputes without going to court. Arbitration can often lead to a faster resolution than litigation.
File a Lawsuit
When negotiations fail, taking the insurance company to court may be necessary. A personal injury lawyer can represent you and argue your case before a judge or jury. Litigation also allows for the discovery process, which may uncover internal insurance practices that strengthen your case.
Request a Regulatory Investigation
You can file a complaint with the New Jersey Department of Banking and Insurance, which oversees insurers operating in the state. This regulatory body can investigate whether the insurance company violated consumer protection laws.
How a Personal Injury Lawyer Can Help
Insurance disputes are complex and emotionally draining. A personal injury lawyer acts as your advocate, ensuring your rights are protected. Here’s how they help:
Evaluating Your Claim
Your lawyer will assess the strength of your case and calculate the full extent of your damages. They’ll ensure that every aspect of your losses—from medical expenses to pain and suffering—is included in your claim.
Negotiating with Insurers
Attorneys understand the tactics insurers use and can push back against unfair practices to secure a fair settlement. They’ll use evidence and legal experience to counter lowball offers.
Gathering Evidence
Lawyers collect medical records, accident reports, and witness statements to strengthen your claim. They may also consult with expert witnesses, such as accident reconstruction specialists or medical professionals.
Representing You in Court
If the case proceeds to litigation, your attorney will present a compelling argument to ensure you get the compensation you’re seeking. Their courtroom experience can be a decisive factor in achieving a favorable outcome.
Frequently Asked Questions About Insurance Disputes in New Jersey
1. What Are My Rights if the Insurance Company Acts in Bad Faith?
Under New Jersey law, you can file a bad faith claim seeking additional damages if the insurer violates its duty to handle claims fairly.
2. How Long Does an Insurance Company Have to Settle a Claim?
While there’s no strict timeline, insurers are required to process claims promptly, typically within the first 30 days. Unreasonable delays could be grounds for legal action.
3. Should I Accept the First Settlement Offer?
No. Initial offers are often lowball amounts. Consult with a lawyer to evaluate whether the settlement is fair.
4. Can I Handle an Insurance Dispute Without a Lawyer?
While it’s possible, having legal representation significantly improves your chances of a favorable outcome.
5. What Damages Can I Recover in a Personal Injury Claim?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages related to your accident.
How to Stay Proactive During Your Claim
Dealing with insurance companies requires vigilance and preparation. To improve your chances of success, consider these tips:
- Keep All Documentation: Organize every piece of paperwork, from medical bills to correspondence with the insurance company. Detailed records demonstrate the validity of your claim.
- Monitor Deadlines: Be aware of any time limits for filing claims or submitting documents. Missing a deadline could jeopardize your case.
- Follow Up Regularly: If the insurer delays their response, stay persistent with follow-up communications. Consistent pressure can prevent unnecessary delays.
- Avoid Social Media: Refrain from posting about your accident or injuries online, as insurers may use it against you. Even unrelated posts could be misinterpreted.
Injured in New Jersey? Don’t Let Insurance Companies Take Advantage of You —Call The Law Offices of Richard A. Stoloff Today
If you’re facing delays, denials, or lowball offers from an insurance company, The Law Offices of Richard A. Stoloff is here to help. Personal injury attorney Richard A. Stoloff is committed to fighting for the justice and compensation you’re seeking.
Contact our firm today at (609) 957-6810 for a free consultation. Let The Law Offices of Richard A. Stoloff handle the complexities of your claim while you focus on recovery. We represent clients in Linwood, Atlantic City, Pleasantville, and the surrounding areas.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.