Simple, Avoidable, Auto Injury Claim Mistakes

 
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Simple, Avoidable, Auto Injury Claim Mistakes
Written By: Josh Lowell ~ 12/9/2019

Insurance adjusters are like trained assassins. The multimillion (or even billion) dollar insurance company has spent millions of dollars training insurance adjusters to kill your claim. They have scripts to follow, computer programs to run, and tricks up their sleeve for every occasion. The adjusters rely upon this power imbalance to help minimize the claims on their desk to save their employer thousands of dollars on every personal injury claim. Understanding this disparity is the first step to taking back the claim’s process.

Much of the time in your daily life, verbiage doesn’t matter. Misspeaking every now and then, exaggerating, or even undervaluing your feelings will likely have little impact on your present or future. Unfortunately, this is just not the case during your personal injury claim. Whether they record your conversation or just take notes, the adjuster is always paying attention to your foibles. Using the correct language and thinking before you speak is imperative to a successful auto accident claim.

The insurance company is always on the lookout for admissions that are against your interest. Remember, you are not an expert medical provider or accident reconstructionist. You don’t know everything, and that’s okay! Sometimes, it’s better to defer or use vague language to combat the adjuster’s pointed questions and remarks.

Here are a few examples to avoid:

  • I’m feeling fine – Don’t lie or minimize your pain or emotional trauma to the adjuster or your medical provider. Your injury is your claim. Denying or diminishing your injury might be the nail in your proverbial coffin.
  • I didn’t see or I wasn’t paying attention – If you weren’t at fault in a collision, be sure to hold that opinion steady. Admitting that you weren’t paying attention at the scene gives the other driver an opening to claim the collision was your fault.
  • I did [insert strenuous activity] after the collision – The adjuster is looking for any information to suggest you weren’t injured in the relevant accident. Admitting that you took part in some other strenuous activity allows the other driver to argue that your injuries are unrelated. Even if the activity caused you extreme amounts of pain, the jury will only hear the part about you riding your bike or painting your house, etc.

Generally, it’s best to avoid emotional responses when dealing with the insurance companies, as well. Most insurance adjusters are humans, but their jobs depend on them treating each injured person like an emotionless robot. They have a script to follow and rules that must be applied, and they’re not about to break them (and perhaps sacrifice their job) just because you’re sad or angry. Excess emotion plays into the power imbalance where you are begging the adjuster to help, and the insurance company has the power to say no.

Working with an attorney is one way to help restore that power inequality. Qualified and experienced personal injury lawyers know the game the adjusters like to play. Knowing the law and the process prevents the insurance adjuster from further manipulating the situation in their favor. At Magnuson Lowell, PS, our experienced team of professional attorneys will ensure you’re claim is heard fairly and efficiently.

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