Dealing with insurance companies during pedestrian accident cases can be frustrating. These entities will do anything to put you at fault and offer less than you truly deserve. If you or your loved one is involved in an accident, here are the legal aspects to know when dealing with insurers.
1. Do Not Admit Fault or Give a Recorded Statement Blindly
Insurers will likely contact you shortly after an accident and seem concerned about your well-being. While they may sound friendly, their primary goal is to save money. Always be careful when giving details since anything you say might be used to minimize your compensation.
When talking to insurance companies, avoid admitting fault or saying something that can put you on the wrong side. That is because the fault is a legal determination and not something you can accept without full knowledge of traffic laws and accident details. Admitting to partial fault can also significantly impact your ability to recover full compensation. This is especially true in states with strict negligence laws.
Many adjusters also ask for recorded statements early, hoping to get you off-guard or without legal representation. For this reason, avoid giving recorded statements or signing any document without involving your lawyer. If possible, let your attorney handle communication. This ensures you do not say or provide any details that can compromise the process.
2. Beware of Early Settlement Offers and Your Rights to Reject
It is common to get early settlement offers immediately after the accident. Insurance companies offer a quick settlement, hoping you will accept it before you fully understand the extent of injuries. While it is tempting to accept and move on, it is crucial to understand that initial offers are always much lower than what you deserve.
Accepting early settlement offers has various risks. For instance, it involves signing a release form that waives your rights to pursue any further claims. That means you cannot seek further compensation if more complications arise later. Insurance companies also use pressure tactics to push you into accepting available compensation without allowing enough time to evaluate it thoroughly.
Consulting your personal injury firm in Augusta is vital at this point to help you determine if the amount is fair. Your attorney will negotiate the offer and provide comprehensive documents that demonstrate the extent of your damages. They will also assist you in filing the case within the required timeframe to avoid missing the payout.
3. Understand State’s Negligence Laws
State negligence laws govern accident claims and help courts assign faults. Knowing these rules is important in assessing your case and negotiating the settlement. The three main types of negligence laws include contributory, comparative, and slight and gross negligence rules.
Contributory carelessness prevents the injured party from recovering damages if they are found to be at fault, even slightly. Comparative carelessness law is a more lenient approach, as it allocates the fault between two parties and adjusts the damages accordingly. It is categorized into pure and modified comparative negligence.
Slight and gross negligence allows the injured party to recover damages only if their ignorance is deemed “slight” as compared to the defendant’s “gross” fault. However, this calculation can be unpredictable as the insurer’s interpretation can vary. Understanding the laws can also be overwhelming if you lack sufficient knowledge. Seeking guidance allows you to tailor your claim toward favorable negligence law.
Endnote
Getting involved in an accident and seeking compensation is stressful. Your insurance provider can be your go-to solution for quick settlement. However, how you record damages and communicate with them significantly determines the results. Always partner with an experienced lawyer if you are unsure how to file the case and deal with the insurer.
