If you or one of your own has been the victim of a car accident, complete our form, as you may be entitled to compensation for your suffering.
After a car accident, one of the first things we must do is contact our insurer to initiate the claim. The insurance of our car should be a guarantee that we will receive adequate coverage for the losses we suffer. We usually purchase insurance, coverage and policies in order to be well prepared for the future and protect our loved ones. But, unfortunately, when it comes to dealing with insurance companies, things are not always as they promised us.
Unfortunately, insurance companies often manipulate the language of their contracts or use persuasion techniques to minimize or deny our claims. These companies tend to protect their profits by avoiding having to pay what corresponds by offering less money to the victims. Therefore, it is important that after a car accident we ask… Is the insurer doing what you promised me? Are they offering me coverage as they should?
In the United States there are laws that defend us when we suffer a car accident and we have a dispute with insurers, and in this article we explain it to them.
What is a “Low-Ball”?
An insurance policy is a legal contract between a person and an insurance company. The company is responsible for offering coverage to the insured in cases of damage, injury or death. That is, the insurer must comply with its part of the deal. So when we file a claim with an insurance company after a car accident, we expect the company to act in good faith and enforce our claim. However, insurance companies often try to persuade victims to accept what is called a low-ball in English. It is a very low money supply in relation to what really happened to one and the compensation that we would actually receive.
What do I do if my insurer offers me a “Low-Ball”?
In a typical case, after all the information about medical expenses and other data has been collected, you are likely to be offered an offer. We will assume that the insurance company responds to your claim with a written offer to cover the costs and damages. It is likely that this offer is a low sum (although it may seem very high at the time: they can offer us $ 10 thousand dollars, for example, when in fact we would receive $ 100 thousand) and that you are not receiving what is due. It is important to know that your response to this initial offer will go a long way to get the best results for your case. Here are some tips on what to do and what NOT to do:
1. Keep calm
Do not make the mistake of answering urgently or aggressively to the first offer after realizing that the money offered is little. We understand that you need the money to recover after having suffered a car accident. But, it is important that you maintain a professional relationship with your insurer. The initial offer they have made is just a starting point to start a negotiation. Therefore, it is not advisable to accept the first offer. You have every right to recover as you deserve after the physical and emotional injuries suffered.
2. Take notes and record communications in writing
Ask your insurance agent specific questions about the offer in order to evaluate why the insurance company is offering you little money. The answers to your doubts can be useful to elaborate a counteroffer. And they will also be useful in case you have to carry out a dispute case with your insurance. You may have to remind the agent to answer your questions.
The first offer is sometimes low because there is insufficient information about medical expenses. Therefore, it is key that you keep all the detailed information about the medical bills, the official reports of the authorities and other documentation. The insurance company can justify your low offer when there is medical or other incomplete documentation.
It is also important that you have a detailed record of all the facts, dates, that is, that you draw up a timeline with everything that happened from the moment you had the car accident. For example, the date on which he had to undergo knee surgery, the expenses, the things he had to stop doing for this surgery, such as the days he had to miss work, etc. You can highlight a list of activities that you can no longer perform. The information will change according to each case.
It is always good to relate the emotional losses, in addition to the physical damages and monetary expenses, given that after an accident there are various sufferings that we have to go through.
Our attorneys have successfully handled various auto accident cases. And they work hard to help the members of our communities to recover what is theirs and to make their rights respected. If you or a loved one suffered an accident, please complete this online form. You can consult us for free, and one of our representatives will review your case at no cost to find out if it is possible to help you take legal action.
3. Create a counteroffer
For this step, it is possible that you have considered the possibility of using a lawyer who has experience with auto accident cases and with insurance companies. Do not respond with an excessive counter-offer. After making an exhaustive analysis of all the damages of your car, monetary loss, physical and emotional injuries you can determine an approximate figure that you think you deserve as compensation. Based on your losses and injuries, you may feel that you deserve $ 100,000. However, the other side involved may have a type of policy with very low payment limits. Then we must continue with the negotiation.
4. Obtain the agreement in writing
As we have suggested previously, your communications with the insurance agent about your accident must be in writing and especially the final agreement. Above all, message exchanges and agreement must be concise and expose the details, including the injuries and damages included in the agreement and the monetary compensation.
5. Make the claim immediately
Remember: All claims or claims made to insurers and authorities have a time limit to be presented. In another post we explain about the issue of the Expiry Period.
How do I receive adequate compensation?
A lawyer can analyze the offers and help you determine if they are offering compensation according to the injuries and damages you have suffered.
Our attorneys have years of experience in dealing with auto insurance companies and know the tactics they use to try to minimize their liability. If you are in insurance disputes with a company.