If you have ever been injured in an accident in the Atlanta area, you know the devastating impact it can have on your life. In an instant, you may find yourself facing a mountain of medical bills, lost wages from time off work, and intense physical pain and emotional trauma. When someone else’s negligence caused your injuries, you have the right to pursue fair compensation through an insurance claim or personal injury lawsuit.
But be forewarned – insurance companies are not on your side, no matter how friendly and caring they may seem. In fact, they employ a variety of underhanded tactics to minimize, delay, and deny valid injury claims. As experienced injury attorneys serving Atlanta and all of Georgia, the team at Stewart Miller Simmons Trial Attorneys wants to pull back the curtain and expose the truth about how insurers try to take advantage of injured accident victims. Armed with this knowledge, you can take steps to protect your rights.
The Insurance Company Is Not Your Friend
After an injury accident, one of the first calls you are likely to receive is from the at-fault party’s insurance company. The adjuster may express concern for your well-being and assure you they are working hard to resolve your claim quickly and fairly. Do not be fooled by this false display of support. The adjuster’s job is to look for any possible reason to undervalue your claim and pressure you into accepting a lowball settlement. Remember, the insurance company increases its profits by paying out as little as possible on claims. No matter how badly you are hurting or struggling financially after your accident, the insurer is not on your side and does not have your best interests at heart.
To protect yourself, politely decline to give a recorded statement and direct the adjuster to speak with your lawyer instead. Your attorney can provide the necessary information without putting your claim at risk.
Requesting Medical Records and Surveillance
Insurance companies often demand access to your complete medical history after an accident, going back many years before the incident. By doing so, they are trying to find evidence of preexisting conditions or prior injuries to claim your current medical issues were not caused by the accident. Do not fall for this tactic. Your past medical information is private, and you are not obligated to share anything unrelated to your accident injuries. If the insurance company demands your full medical records, refer them to your attorney, who can provide only the pertinent records.
In some cases, insurance companies have even been known to hire private investigators to conduct surveillance on injured accident victims. They are hoping to catch you doing activities that contradict your injury claims, such as working, exercising, or engaging in your hobbies. We know most of our clients are honest, hardworking people who would never exaggerate their injuries. Even so, be mindful of your activities while your claim is pending. If you have a good day and are able to be more active, the insurance company may try to use surveillance footage out of context to imply you are not as injured as you claim.
Making a Lowball Settlement Offer
Another common tactic is to make a quick settlement offer soon after the accident before the full extent of your injuries and losses are known. The adjuster may pressure you to accept the offer by claiming it is the best you can expect and that your claim will be denied if you refuse. In our experience, these initial offers are almost always far below the true value of the claim. The adjuster is hoping you will jump at the chance for fast cash without realizing the long-term ramifications.
Keep in mind if you accept a settlement and later discover your injuries are more severe than you realized, you cannot go back to the insurance company for more money. You will be barred from seeking further compensation related to the accident. Never accept a settlement without first consulting an experienced injury attorney. At our firm, we often find the true value of a claim is many times higher than the insurer’s initial lowball offer.
Dragging Out the Claims Process
Insurance companies will often intentionally drag their feet and draw out the claims process, especially if you do not have an attorney representing you. They may take weeks or months to return your calls, “lose” your paperwork, or claim they need additional information before processing your claim. In the meantime, your medical bills are piling up, you are losing income from missed work, and the financial pressure is building. Sadly, this is exactly what the insurer wants. They know that many people cannot afford to wait for a fair settlement offer and will eventually accept far less than they deserve out of desperation.
Having an experienced injury attorney on your side sends a clear signal that you mean business and will not tolerate unreasonable delays. From the moment you hire our firm, we will take over all communication with the insurer and make sure your claim is progressing. If the insurance company negotiates with bias, we are fully prepared to escalate your case to a lawsuit and fight for your recovery in court. We have the resources and commitment to go the distance and achieve the best possible outcome for every client we represent.
We Are Here for You
As you can see, insurance companies use a variety of tactics to undermine, minimize, and deny valid injury claims. Without experienced legal representation, it is all too easy for accident victims to be taken advantage of and left with far less than they need to rebuild their lives. That is why the attorneys at Stewart Miller Simmons Trial Attorneys are passionate about standing up for the rights of the injured.
We know the truth about insurance company tactics, and we use our extensive experience, knowledge, and resources to fight back. If you have been injured in an accident in Atlanta or anywhere in Georgia, reach out to our firm right away for a free consultation. We will listen to your story, answer your questions, and discuss how we can help you pursue the full and fair compensation you need to move forward.