Being injured in a car accident is not a pleasant experience. When it does happen, being unprepared can result in a tricking insurance adjuster adding insult to injury by tricking you into damaging your own claim. Some ways they do this are by getting you to delay in seeking medical treatment, tricking you into giving a recorded statement that hurts your case, and by stalling out payment on your claim “until you have finished treatment.” Knowing how to recognize these tricks and taking action can prevent irreparable harm to your claim.
Tricking You into Delaying Care
There are many ways you can be injured in a car accident. One of the most common injuries is a whiplash injury. The problem with whiplash injuries is that no one can prove they really exist. It all comes down to whether the jury believes you—whom the insurance attorney will paint as a greedy money-seeking claimant—or the other driver---who, inevitably was not hurt. In these cases, the defense will pick apart every action or inaction by you following the wreck. The longer you delay in getting care, the more it appears as though you were not really injured to a jury. Adjusters know this and will try to delay you from getting care by “leaving care up to you” or failing to mention you have personal injury protection or medical payment benefits on the policy. A lawyer can help you find providers who will see you now and delay payment until the claim is resolved under a letter of protection if you need care but do not have the means to obtain it.
Taking a Recorded Statement
Depending upon what state you are in, the adjuster may or may not have to disclose when they are recording you when they talk to you. Some will ask upfront for a statement. Others may not disclose the recording at all. In any event, if you feel you are being asked misleading questions by someone who is trying to get you to say agree to untrue statements that harm your case (i.e. “you didn’t really feel any pain that day, did you?”), you probably are. You should hang up and call an attorney if you feel you are being misled. You do have a right to have an attorney present for any and all recorded statements.
Stalling Payment Until Care is Complete
Insurance companies will commonly refuse to pay for your medical “as you go.” They tell you to go get the care you need and then they will “settle the whole claim in one lump payment.” Insurance companies do it this way because they know if you do not have the financial means to keep paying out-of-pocket, you are likely to stop getting the care you need. These stops create gaps in your care that look odd to a jury. This, in turn, can harm your credibility. Don’t be fooled into letting them twist your care. An attorney can help you get the care you need when you are financially strapped.
Taking Action
As you can see from the above, there are several ways an auto insurance adjuster can cause you to harm your own case. You can also see that there is a solution. Hire a car accident attorney who will advise you and advocate for you so that you get the care you need and get treated fairly by the adjuster.
Paul H. Cannon is Board Certified in Personal Injury Trial Law in Texas since 2005. He is a Shareholder of the law firm, Simmons and Fletcher, P.C., Injury & Accident Lawyers in Houston, Texas. He has been licensed to practice law in Texas since 1995.
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