Personal injury victims should be aware of their rights in a personal injury lawsuit. Many victims do not know the sneaky techniques insurance adjusters will use to lowball them. Claimants are responsible for submitting a demand letter to the insurance company to initiate the claims process. The letter will detail the medical expenses, lost wages and other damages the claimants seeking. Upon receipt of this letter, the adjuster will contact the claimant and try to work out a deal. Usually, this deal is significantly lower than the amount the claimant would receive if they take the dispute to court.
The right personal injury attorney will help a claimant spot scare tactics used by adjusters to lowball them. Your lawyer will work with you to get the justice you deserve but it is important for you to be able to spot improper procedures. Peter Davis Law explains three improper tactics used to derail personal injury victims and how a personal injury attorney can help you with your claim.
Know the Statute of Limitations for your State
You will not begin the negotiation process with the insurance adjuster until you have submitted your demand letter and the company has reviewed it. Once the letter has been reviewed, the adjuster will contact you to ask questions, discuss the case and verify information.
The adjuster may decide to test you during the conversation. They may tell you that the statute of limitations has passed and your claim is no longer valid. The statute of limitations varies by state and the adjuster must go by the statute in the state the accident occurred in. You should be familiar with the state’s statutes to counter any false information.
The statute of limitations protects both parties in a personal injury lawsuit. The insurance company needs time to do a proper investigation and the victim needs time to gather evidence and receive medical treatments. This conversation can quickly turn into a legal debate so you should defer any questions to your personal injury attorney. They will be familiar with all regulations surrounding personal injury litigation.
Scare Tactics: Delay or Refusal to Make an Offer
Another common scare tactic used by adjusters is refusal to make an offer. You may engage in several conversations with an adjuster before they ever mention a settlement amount. They may even give you a very low settlement amount that is nowhere close to the damages you deserve.
Your personal injury lawyer should help you craft a counteroffer letter that details why you deserve the settlement amount your team has suggested. You can provide additional proof in the form of bills, records and other information.
Deny Requests for Irrelevant Information
The insurance adjuster does not need to know if you have received sick pay, holiday/vacation pay, etc from your employer. This information is not pertinent to the case and should not influence their settlement offer.
Write a “Bad Faith” Letter
If you believe that the insurance company does not have your best interest at heart and they are outright lying and committing fraud, you can submit a “bad faith” letter to the company. Your personal injury attorney can write a bad faith letter if the adjuster has lowballed you and offered no reasonable explanation for the amount.
Contact a Personal Injury Attorney at Peter Davis Law
Peter N. Davis and Associates are personal injury attorneys that work to the fullest extent of the law to resolve your injury dispute and get you the justice you deserve. We will help you communicate with the insurance company and advocate on your behalf. Contact us today for a free consultation.