Tactics Insurance Companies Use to Deny or Devalue Claims
Medical bills add up quickly after a serious car accident, often ending in a car accident claim for far more than just property damage costs for repairing or replacing your car. Unfortunately, sometimes the distress continues when you file a claim against the at-fault party for the compensation you deserve, only to be met with a reluctant insurance company that uses common tactics against you to delay, devalue, or deny your car accident claim.
An OKC car accident lawyer protects your best interests throughout all interactions with the insurance company in your car accident case, including the common tactics described below.
Offering a Fast Settlement
One way an insurance company may devalue your car accident claim in Oklahoma City or elsewhere is to quickly reach out within days of your accident with a fast settlement offer. The insurer does this when they know their policyholder is at fault for the accident. Early settlement offers are almost always lowball offers, intentionally made before you know the full extent of the economic losses you’re facing. For instance, you may not yet know how many days of work you’ll miss or your total out-of-pocket costs during your recovery period, or whether or not you may be facing a disability.
Accepting a settlement offer requires signing away your right to file a lawsuit, even if you end up with far greater losses than you anticipated.
Call You On a Recorded Line
When you accept a phone call after a warning that it’s being recorded, it means you’ve legally agreed to the recording. Sometimes, insurance adjusters sound compassionate when they call you to ask about your car accident injuries, but they may use your words out of context against you later. For instance, you might say, “I’m feeling better, thank you,” out of habitual politeness, only to find the words taken out of context and presented as your admission that you aren’t seriously injured. Instead, hire an experienced Oklahoma City car accident lawyer and then direct all interactions with the insurance company to your attorney.
Claim That Your Doctor’s Recommended Treatment Isn’t Necessary
Insurance companies sometimes consult with their own medical experts about your car accident injury and then refuse to pay a portion of your claim by stating that the treatment your trusted physician recommended isn’t necessary for your recovery. They may also claim that you cannot be as injured as you and your doctor claim, based on the faulty theory that you can’t have significant injuries because your car has only minor damage.
Medical research studies report that whiplash and other soft-tissue injuries can occur even in low-speed crashes with little damage to the vehicles.
Failing to Return Your Calls and Emails
When other methods fail, an insurance company may delay progress on your claim by avoiding your phone calls and failing to answer emails. Delaying progress on your claim for as long as possible keeps the amount of your payout earning interest in the insurance company’s account instead of yours. Also, delaying your claim pushes you closer to the two-year statute of limitations on your case, making it more likely that you will accept a low settlement offer before the time limit runs out.
Assigning You Undue Fault or Shifting Liability to You
One of the most common and frustrating tactics an insurer may use is to assign you an unwarranted percentage of fault for the accident, even if you know the other driver was completely responsible. Under Oklahoma § 23-13, the law of comparative negligence, an insurance company can reduce the amount they have to pay you in your car accident claim by your percentage of fault. This incentivizes them to unfairly assign you a portion of responsibility for the accident. They may even shift liability to you by assigning you 51% of the fault for the accident.
When Are an Insurance Company’s Tactics “Bad Faith Practices?”
Some insurance company strategies are frustrating but legal; however, if an insurance company violates the terms of its contract with the policyholder, it engages in bad-faith practices, potentially allowing you to recover additional compensation. Often, an OKC car accident lawyer is also an Oklahoma City bad faith insurance attorney who can help you recover the maximum compensation available to you, including additional compensation for the distress of unfair insurance company tactics used against you.