Dealing With Insurance Companies After a Motor Vehicle Accident

PLEASE NOTE: This article is not intended to be legal advice, and is no substitute for speaking with a licensed attorney. If you have been injured in a motor vehicle accident and have questions, please contact an attorney. You can reach our office at (360) 733-3966.

It is an unfortunate fact that many insurance companies in the United States do not treat injured people fairly. Their business is insuring people against risk, but too often, when the worst-case scenario does happen, they will look for every possible way to pay as little as possible. But fair compensation in those worst-case scenarios is exactly what insurance is for. That is why we all pay a lot of money in premiums for our insurance coverage each year.

If you are injured in a motor vehicle accident through no fault of your own, the law entitles you to fair compensation for (1) your medical bills; (2) your lost wages, if you have to miss work due to your injuries and medical appointments; (3) your pain, suffering, and stress; and (4) your other expenses reasonably related to the accident.

Accordingly, although we sincerely hope that you stay safe on the road and never need this information, if the worst does happen and you are injured in a motor vehicle accident, there are several things to keep in mind when dealing with the insurance company (or companies) involved.

First, be sure that you follow up with medical treatment for your injuries. Do not avoid medical appointments. No one likes going to the doctor, and we understand that it can be inconvenient. We all have busy lives, and if you are well enough to work after the accident, it can be hard to take time off of work to go to medical appointments. If you have children, it can be even harder. But one of the most important parts of a personal injury claim is showing objective medical findings and diagnoses for your injuries. We absolutely understand that you may be in a lot of pain but are just “toughing it out” because you have to work or take care of your other obligations. But if you have not been to the doctor after the accident or if you do not follow up with the physical therapy, chiropractic treatment, massage therapy, or other treatment that your doctor recommends, the insurance company and its attorneys will use that against you. They will point to your lack of medical treatment as evidence that you were not injured in the accident. If it hurts, go and get it checked out, and see what can be done about it. It is in the best interest of your personal injury claim, and, more importantly, it is the best thing you can do for your long-term health.

Second, take photographs. Take photos of the accident scene and the damage to all vehicles involved if you or a friend or family member is well enough to do so; take photos of your own damaged vehicle as soon as you are able to; and take photos of your injuries if they are visible (such as cuts, bruises, etc.). These photographs can make a big difference in your claim later on; they provide objective evidence of the accident. Humans often think and understand information better visually, and insurance companies and insurance defense lawyers know that if you have photographs, your lawyer will be better able to prove how serious the accident was, and how serious your injuries were. The old saying that “a picture is worth a thousand words” holds very true in personal injury law.

Third, be careful with social media. In today’s world, insurance companies and insurance defense lawyers regularly investigate social media as a way of undermining and attacking plaintiffs’ personal injury claims. If you are seriously injured, but post a picture on Facebook of yourself skiing—even if you were only on skis for 5 minutes and were in too much pain to continue—it will hurt your case.

Fourth, do not sign anything until you have spoken with an attorney. Unfortunately, when it comes to injury claims, many insurance companies actively try to get consumers to sign away their rights before they fully understand the extent of their injuries or the financial compensation that they are entitled to by law. An insurance adjuster may offer to fix your car, perhaps pay some of your medical bills, and may even offer you $1,000, $2,000, or even $10,000 for your trouble, asking you to sign a release form in return. What they do not tell you is that oftentimes, if they are offering you a quick settlement, your claim may be worth many times more than the amount that they are offering. Their hope is that you will sign the release form without speaking with an attorney, and then if you find out you need an expensive surgery or several months of physical therapy or chiropractic care a few months down the road, well . . . they will tell you that you are out of luck—you have already settled your case and waived all of your rights. We have had prospective clients come to our office after settling their claims on their own, and it is always rough to tell them that if they had come to us sooner, the case they settled for $2,500 or $10,000 would have likely been worth as much as $25,000 or $100,000. Do not make that mistake. It is not always necessary to hire an attorney, but wait until you have at least spoken with one before you sign anything.

Fifth, do not give statements to insurance companies. They will often ask you to give a statement before you are fully prepared to do so, or before you have consulted an attorney. Politely decline, speak with an attorney, and proceed from there. As with signing documents, it is virtually never in your best interest to take action and make decisions quickly.

Ultimately, there are many other issues to consider, but these are some of the first things that you should be thinking about in the days and weeks following an accident. If you have been injured in a motor vehicle accident that was not your fault and have questions, please do not hesitate to call our office at (360) 733-3966. Consultations are always free, and we are happy to talk the situation over with you.