I was recently involved in a car accident. Unfortunately, since it was my first accident, I was scatter-brained and anxious. What I did not realize at the time was that the actions you take immediately after the accident can affect a personal injury case and the outcome of that case. I wanted to find a way to share my experiences and mistakes with other. Since the Internet is so popular, I figured this would be a great way to do so. While you likely aren't planning on being in an accident soon, if you are, hopefully you remember some of the tips I share on this website.
You recently were injured in a car accident caused by another driver. Not long afterward, you talked with a representative from that driver's insurance company. Now, the insurer is using some of your remarks against you and refusing to offer you a settlement. You may want to contact a car accident attorney, such as Todd East Attorney at Law, for assistance. Even if some of your statements to the insurer seem questionable to you now, that doesn't necessarily mean you don't deserve financial compensation.
Examples of Comments an Insurer Uses to Avoid Making Payment
An insurance company looks for reasons not to pay settlements, or to pay as low a settlement as possible. This is to be expected, since the company doesn't want to spend more money than it has to. The insurer looks for specific things the injured person has said that can be used to dispute the claim.
You were doing something that puts you partially at fault.
Maybe you were driving a bit above the speed limit or talking on your cell phone. In most states, however, even if you are partially at fault, the driver who is most at fault is responsible, and you should receive compensation pro-rated for the percentage of each driver's fault. In addition, driving a few miles over the speed limit does not necessarily put you at fault when another driver blew through a red light or made another hazardous move.
You said your injury wasn't as severe as it later turned out to be.
This is a common problem when people have been hurt in a vehicle accident. They think they feel OK immediately afterward, but in the next day or two, signs of an injury become evident. In the meantime, they may have talked with the at-fault driver's insurer, saying they went to the ER to get checked, got treatment for some cuts, bruises and contusions, and then went home. A week later, when neck or back pain develops, the insurer disputes the claim.
You have experienced physical issues of this nature before.
Perhaps you developed neck or back pain immediately after the accident and told the insurance representative about this. The representative may have casually asked if you've ever seen a medical practitioner for this problem in the past. You admitted that you did, even if it was years ago. You didn't know whether or not the insurer could find this out and later accuse you of lying if you had denied it.
What Can You Do Now?
Many injured persons find skilled legal representation to be of great benefit in helping them receive the financial compensation they deserve. Contact a car accident lawyer for a free consultation.