Questions The Insurance Company Does Not Want You To Ask

Questions The Insurance Company Does Not Want You To Ask

For over 10 years in the personal injury legal practice, I have represented hundreds of accident victims. These cases have brought me firsthand knowledge of insurance company's ways of handling accident victims throughout the injury claim process.

Below are six questions the insurance company does not want you to ask:

1. Will I recover a larger settlement by using an attorney than if I try to handle the claim on my own?

The insurance representative will more than likely answer "no." However, that is not necessarily the truth. A study by the Insurance Research Council (a nonprofit group funded by major insurance companies)titled "Paying for Auto Injuries" reported that the average payout on claims utilizing an attorney is 4.8 X more than claims in which the accident and injury victim tries to settle the case on their own. This study also concluded that individuals who use an attorney receive 3.28 X more money after attorney's fees are paid. Most insurance companies know of this study and to maximize profits, train their representatives to try and convince people not to use an attorney. The insurance companies know that if you hire an attorney, they will likely have to pay you much more money in settlement.

2. How can the insurance company verify that the amount being offered to me is fair and reasonable?

It can't. However, do not be surprised when the representative tells you it is. Unless you are in the business of negotiating and settling personal injury claims, it is unlikely that you will know whether the amount that is being offered is fair.

When negotiating and settling the claim yourself without using an experienced personal injury attorney, you risk accepting an amount that may be much less than what is considered reasonable and fair for your type of accident and injury claim. Because you only get one chance to recover for all of your harms and losses, it is important to consider all your options carefully before making a decision on whether or not to handle your case solo.

3. Why does the insurance company insist that I give them a recorded statement?

The insurance company goal is to minimize payouts. To do this, they will try and get you to say something that could end up hurting your case. In most car accidents, a police report is filed. The insurance company has easy access to this report. However, most insurance companies train their representatives to get a recorded statement in hopes that you provide information which could later be used to either deny the claim or pay out less money.

4. Should I wait until my medical treatment concludes to settle my case?

The insurance industry understands that quicker settlements mean less money they have to pay out. Once you settle the claim, you usually can't reopen the case if it turns out your injuries are more severe or if you need more treatment. Most insurance companies train their representatives to settle every claim as quickly as possible so the injury victim can't re-open the case later if the individual's injury takes a turn for the worse.

5. Why has the insurance company not explained to me Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage?

Few people realize that they may have additional coverage under their own auto insurance policies which may pay for the injuries and damages caused by another person in a car accident. If the at-fault driver does not have insurance, or not enough insurance to pay for damages, then your own insurance company is likely responsible for paying under UM/UIM.

6. Why does it seem that the insurance adjuster is dragging their feet with my claim?

In Wisconsin, with few exceptions, you usually only have three years from the date of the accident to settle your claim or file a lawsuit against the at-fault driver and the insurance company. This is general referred to as the statute of limitations (SOL). Because of this, insurance companies will, at times, intentionally drag out the settlement process until before you know it, the 3 year SOL is coming up. The insurance company knows that you only have a certain amount of time to settle your claim and if the SOL is coming up soon, there is a good chance that you will not be able to find an attorney to take your case. Without and attorney and with the SOL coming up, you may be forced into a settlement that is much less than the real value of your claim.

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