Legal Help Works with Your Car Wreck Claim
Insurance is designed to protect us against financial loss.
But since insurance companies are businesses, and they’re designed to bring in more money than the pay out, they’re designed to pay out the lowest amount they possibly can.
One way that they do that is to deny the claims that you make. Sometimes it’s on a technicality, sometimes it’s because you don’t know what your rights are, and sometimes you mess things up all on your own (see our blog on how you can be certain to mess up your settlement).
Let’s dive deeper into how these insurance companies work, and what happens when they’re not completely honest.
Methods Used to Deny Your Car Wreck Claim
Not all insurance companies are sleazy, undermining, or downright despicable. But none of them are going to willingly give you a huge settlement without pushing back. Here are some of the ways they will push back.
Asking You to Provide a Statement
Now there’s nothing wrong with them asking you to provide a statement. In fact, it’s legal and expected that the company that is providing the settlement would want to get your side of the story. What ends up happening, however, is that they can (and most likely will) use your words against you.
Even if you relay the facts, and nothing but the facts, things can get skewed. Over time our memories change, shift, and adjust a little bit. So if you give a statement right away and then later give another statement that doesn’t totally match up, your credibility can be questioned.
Or, suppose you talk with the adjuster and at the beginning of the call they ask what seems like small talk, “How are you today?” and you answer with the answer most people give, “I’m fine.” then it can be interpreted that you don’t have any injuries to speak of.
Seeking Advice from their Own Medical Examiner
It’s not the insurance company’s medical examiner per se, but it’s one that they may have a special relationship with.
It’s fairly common practice to get a second opinion. When it comes to injuries, especially in motor vehicle accidents and workers comp claims, a second and supposedly unbiased opinion, is sought. It’s no different for your car wreck claim that an insurance company wants to verify the extent of your injuries before they dole out thousands of dollars.
But here’s the rub. The Independent Medical Examination (IME) is often chosen by the insurance company. When you are asked to visit a doctor, one they have an existing relationship with, it’s likely that the “unbiased second opinion” might not be so unbiased after all.
If you’re asked to visit an IME, you need a Texas personal injury attorney right away (that is, if you haven’t called upon Herbert Law Group yet).
Asking to Review Your Medical Records
You have the right to privacy with regards to your medical records. You don’t have to give permission to your insurance company (or any other company) allowing them to look at your medical history.
Last week I twisted my ankle playing soccer. It wasn’t bad, not even a sprain, but bad enough that I limped around for a few days and I saw a chiropractor to ensure it was healing properly. Suppose I was in a car wreck shortly after that, and it smashed up my right leg (same leg as the twisted ankle). The insurance company could try to use my chiropractor visit to show that this was a pre-existing condition that they didn’t have to cover; even if that wasn’t the case.
Skewing the Language on the Policy
Let’s face it, insurance policies are pretty convoluted. There’s a lot of jargon in there, they’re really long, and just about nobody reads the entire thing.
Since that’s the case, the insurance company may try to twist the language in the policy, the one you signed off on, because they know you don’t fully understand it.
A classic example is that intentional acts are not covered by most policies. So they may say they do not plan to cover a crash that was the result of drunk driving with the argument that driving drunk was an intentional act. This is true, the act of driving drunk was intentional, but the crash and the resulting injuries were not intentional, and that’s what is being settled here.
Flat Out Lying to You
One of the most devious ways that an insurance company will try to get out of paying what they owe is with a flat out lie.
To be fair, this doesn’t happen often as it’s almost always easy to recognize and catch. And it’s usually a rogue representative and not the company policy that dictates this action.
But there are times when you’re told you will hear back within a certain amount of time, and you don’t. Follow ups are ignored, you’re pushed aside, or you simply don’t even get the settlement that you were originally offered.
Blatant lies happen, and when they do you need an attorney to help you get the settlement that’s going to help you heal completely.
Let Herbert Law Group Help with Your Car Wreck Claim
When you have a car wreck claim, especially one where you were injured, you need an attorney to help you receive compensation.
Insurance companies are in the business of collecting premiums, not paying out settlements.
In order to let you heal completely, and in order to ensure that all of your needs are taken care of (and not just those that are easy to see) enlist the help of Herbert Law Group in Dallas, Texas.