Dealing with the aftermath of a personal injury is challenging enough without the added stress of navigating insurance claims. Whether it’s your insurance company or the at-fault party’s provider, insurers are notorious for employing tactics to minimize payouts. Understanding their strategies and knowing how to protect yourself can make all the difference in securing the compensation you’re seeking.
In this guide, we’ll explore how insurance companies operate, common pitfalls to avoid, and why working with an experienced personal injury lawyer is crucial for New Jersey residents seeking justice after an injury.
The Role of Insurance Companies in Personal Injury Claims
Insurance companies are responsible for evaluating claims and managing payouts, but as businesses, they also aim to minimize financial losses. Understanding their approach can help you protect your rights and ensure a fair settlement.
In a personal injury claim, the insurance company’s role is to:
- Investigate the accident and determine who was at fault.
- Assess the extent of damages, including medical bills, lost wages, and pain and suffering.
- Offer a settlement amount they deem fair (often far less than what you need for your injuries).
If you’ve been injured due to someone else’s negligence, you may be able to seek compensation – even if you were partly at fault. Under New Jersey’s modified comparative negligence law, as long as you are 50% or less responsible, you can still recover damages. Your compensation will be reduced based on your share of fault, and if you're found more than 50% responsible, you won’t be eligible for compensation.
Since liability isn’t always clear-cut, insurance companies may try to shift blame or argue that your own actions contributed to the accident. Understanding these tactics can help you protect your rights and avoid settling for less than you deserve.
Common Tactics Used by Insurance Adjusters
Insurance adjusters are trained negotiators, and they often employ specific tactics to reduce or deny claims. Here are some of the most common strategies to watch out for:
Requesting a Recorded Statement
Adjusters may ask for a recorded statement under the guise of “clarifying details” about the accident. In fact, these statements can be used against you later, especially if your account conflicts with other evidence.
Offering a Quick Settlement
Insurance companies often present lowball settlement offers shortly after the accident, hoping you’ll accept before understanding the full extent of your injuries.
Delaying the Process
By dragging out claims, insurers aim to frustrate victims into accepting lower settlements or abandoning their claims altogether.
Minimizing Injuries
Adjusters may question the severity of your injuries or argue that they were pre-existing to reduce the amount of compensation they owe.
Misinterpreting Policy Language
Insurance policies are filled with complex terms, and adjusters may use this to their advantage by misrepresenting your coverage.
Steps to Take When Dealing with Insurance Companies
Handling insurance companies effectively after a being injured in an accident requires knowledge and preparation. Follow these steps to protect your claim:
Seek Medical Attention Immediately
Your health should always come first. Prompt medical treatment not only ensures your well-being but also provides documented evidence of your injuries, which is crucial for your claim.
Report the Accident Promptly
Notify the insurance company of the accident, but keep your communication concise. Stick to the facts without speculating or admitting fault. Even if you believe you may have played a role in the accident, liability is determined based on evidence, not assumptions.
Document Everything
Gather evidence, including photos of the accident scene, medical records, police reports, and contact information for witnesses. This documentation strengthens your case and helps establish fault, which is essential for proving negligence.
Avoid Speaking to Adjusters Alone
It’s best to have a personal injury lawyer handle communications with the insurance company to avoid missteps that could harm your case.
Keep a Record of Correspondence
Maintain detailed notes of all interactions with the insurance company, including dates, times, and the content of conversations.
Don’t Accept the First Offer
Initial settlement offers are typically lower than what you deserve. Consult with your lawyer to evaluate whether the amount is fair before agreeing.
The Value of Legal Representation in Personal Injury Cases
Hiring a New Jersey injury lawyer can significantly level the playing field when dealing with insurance companies. Here’s how an attorney can help:
Understanding the Law
A NJ personal injury lawyer understands the state's laws and can help you navigate the legal process to seek the full compensation you deserve.
Investigating Your Claim
Lawyers gather evidence, interview witnesses, and consult experts to build a strong case on your behalf.
Negotiating with Insurance Companies
Attorneys have experience countering the tactics adjusters use and can negotiate aggressively to ensure you receive a fair settlement.
Litigating if Necessary
If the insurance company refuses to offer a reasonable settlement, your lawyer can take the case to court and advocate for your rights.
Providing Peace of Mind
With a lawyer handling the legal complexities, you can focus on recovering from your injuries.
Examples of Common Insurance Company Tactics in Action
To illustrate how these strategies play out, here are some real-world inspired scenarios:
Tactic 1: Lowball Offers After a Car Accident
After a collision, an adjuster offers $5,000 for medical bills and car repairs. However, with mounting physical therapy costs and lost wages, the actual damages exceed $25,000. With the help of a lawyer, the victim negotiates a settlement that fully covers their losses.
Tactic 2: Challenging Pre-Existing Conditions
A slip-and-fall victim is told their back injury isn’t covered because they had a history of back pain. Their lawyer provides medical records showing the injury is directly related to the fall, forcing the insurance company to pay.
Avoiding Common Mistakes After Suffering a Personal Injury in New Jersey
While dealing with insurance companies, avoid these pitfalls to protect your claim:
Giving Too Much Information
Oversharing can provide adjusters with details to exploit. Until a thorough investigation is conducted, it may not be clear who was truly at fault for the accident.
Ignoring Medical Advice
Failing to follow your doctor’s recommendations can be used to argue that your injuries aren’t severe.
Posting on Social Media
Photos or comments about the accident or your recovery can be misconstrued and used against you.
Did You Suffer a Personal Injury in NJ? Don’t Let Insurance Companies Take Advantage of You – Call The Law Offices of Harold J. Gerr
If you're struggling with insurance adjusters after a personal injury, you don’t have to navigate the process alone. At The Law Offices of Harold J. Gerr, we advocate for injury victims, helping them seek fair compensation for their losses. Contact us today for a free consultation to discuss your case.
Let us handle the insurance companies so you can focus on your recovery. We represent clients in Highland Park, Old Bridge, Franklin Township, and the surrounding areas.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
