When you’re dealing with injuries and possibly property damage after an accident caused by someone’s negligence, there’s a lot on your mind.
You’re worried about mounting medical costs, property damage bills, and maybe even lost income. Now, you’re taking a financial hit and relying on a settlement to help recover your losses.
You’re ready to start calculating the potential value of your claim, but the total isn’t close to what the insurance adjuster is offering. The insurance company is placing a lower value on your claim, and it may be due to your actions.
So, how can you preserve the value of your personal injury claim? There are a few things you don’t want to do during the settlement process.
How to Protect the Value of a Personal Injury Claim
Okay, you aren’t asking the defendant’s insurance company to cover non-existing damages. All you’re asking for is fair compensation to cover your expenses.
So, why is your claim being undervalued? You may have skipped a step or given the insurance adjuster reasons to believe your claim’s value is lower than your calculations. If you’re involved in an accident, here’s what you should and shouldn’t do.
Contact the Authorities
Florida law allows drivers to leave the scene of an accident if property damage is under $500, and no injuries or fatalities occur. Since it’s typically more than $500 to repair most vehicle damage, there are very few times when this law applies.
You may be able to skip the call to 911 and use the non-emergency line to report the accident. This is fine, the important thing is you immediately contact the authorities. Without an official accident report, the insurance company can find numerous reasons to initially deny your claim.
Even after agreeing to process your claim, the insurance adjuster can still offer and stick with a lower settlement amount. After all, you’re having trouble proving the accident happened the way you claim.
Seek Medical Treatment
Going to the doctor is rarely anyone’s idea of fun, and even a simple checkup can be costly and intrusive. However, it’s a necessity after an accident. Even if you’re moving around without any problems, you may still have underlying injuries.
Some injuries take a few days or even weeks to display noticeable signs and symptoms. In the meantime, you’re calculating your damages and leaving treatment for these injuries out of your claim.
Remember, once you reach and accept a settlement with the insurance company, you can’t go back and file another claim for additional damages. Not seeking immediate medical attention can easily reduce the overall value of your claim. Besides, you’re going to need to provide your medical records to the at-fault party’s insurance company to receive compensation for these damages.
Don’t Ignore Medical Advice
Since the insurance adjuster will be going over your medical records, you want to follow all provided medical advice. You can’t expect to receive compensation for injuries sustained in the accident if you’re ignoring your prescribed treatment plan.
Ignoring medical advice can make your injuries worse but this isn’t going to increase the value of your case. The insurance adjuster will probably point out that your injuries are only severe because you ignored your treatment plan.
Discussing and Posting About Your Accident
After being involved in an accident, it’s natural to want to talk about the incident. You’re shaken up, injured, and need to vent to someone.
Even though this is a normal response, it’s also something you don’t want to do. The only person you should discuss your accident with is your attorney. No one else should hear all of the details until after your claim is settled—and yes, this includes the responding officers.
They’re going to ask plenty of questions about events leading up to the accident. Go ahead and respond to the officers’ queries, just keep your answers short and to the point. Don’t elaborate and you definitely don’t want to offer any apologies. Even if your accident report clearly states you’re not responsible for the accident, simply apologizing can make it easier for the insurance company to assign you some of the blame.
Since Florida is a modified comparative negligence state, all involved parties can be assigned blame for the accident. The value of your personal injury claim can be reduced by the percentage of your blame.
Along with not discussing the accident details with the authorities, include your friends and family on the list. You also want to keep your conversation with any witnesses to a minimum. The defendant’s insurance company is also going to talk to the same witnesses and anything you say can be used against you during the settlement process.
Posting about the accident on social media is another bad idea. The insurance company has investigators that will comb through your social media accounts looking for any information that can weaken your claim. Once you’ve accepted a settlement offer and have the insurance check, then you can start discussing and posting about the accident.
Provide Evidence About Pre-Existing Conditions
Do you have a pre-existing condition that contributed to your injuries? If so, you can calculate these damages in your personal injury claim. The eggshell skull rule effectively protects accident victims with pre-existing medical conditions.
While the doctrine can help protect the value of your claim, you’re going to need to provide medical evidence. This means gathering all of your medical records about your condition. Without these medical records, the insurance adjuster can claim you’re exaggerating the severity of your injuries.
Don’t Talk to the Insurance Adjuster without Legal Representation
Don’t worry about trying to get a hold of the at-fault party’s insurance provider. Chances are, the insurance adjuster will find you. The adjuster may even show up unannounced in your hospital room.
Make sure to be polite and let the adjuster know you’re planning on filing a claim but don’t accept a settlement offer. The initial offer is usually noticeably lower than the value of your claim.
Waiting until you consult with an attorney can help ensure you receive the full value of your personal injury claim.
Original Source of the original story >> Preserving the Value of Your Personal Injury Claim
