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Six Ways Insurance Companies Avoid Personal Injury Claims

Posted on in Personal Injury

Six Ways Insurance Companies Avoid Personal Injury ClaimsSeeking compensation for your personal injuries after an accident should start with exploring your insurance options. You can file a third party personal injury claim if someone else was at fault for your injuries. Illinois law requires all drivers to carry auto insurance that includes at least $40,000 for bodily harm. Unfortunately, any insurance company that you deal with is likely to resist giving you the injury compensation you need. It does not profit them to award all of the claims they receive. Claims adjusters are trained to spot weaknesses in your claim that may allow them to deny coverage. Here are six ways insurance companies will try to deny or undervalue your personal injury claim:

  1. Questioning Delayed Action: If you do not seek immediate medical attention, an insurance company may doubt the validity of your injury claim. Waiting a couple of days to get examined suggests that your injuries were not serious or urgent.
  2. Citing Lack of Evidence: With a third party claim, the insurance company will want proof that its client was at fault for the accident. If you cannot provide independent witnesses or an official police report, the company may claim that you have failed to prove fault.
  3. Shifting Blame: After investigating the accident, a third-party insurance company may accuse you of being at fault. If the company proves your fault, it would shift the liability onto your own insurance.
  4. Using Your Words Against You: The strongest evidence against your insurance claim is if you admit to fault for your accident. A representative with the insurance company will try to catch you unprepared for an interview, hoping that you will unintentionally say something that can be held against you.
  5. Doubting Your Injury: The insurance company will look for any reason why your injuries should not be covered. This may include claiming that you have exaggerated the extent of your injuries or that you had a pre-existing condition.
  6. Making a Low-Ball Offer: If the insurance company does not believe it can legally deny your claim, it may preemptively offer a settlement that is lower than what it expects it will be liable for in court. A company representative may pressure you to accept the offer by claiming an artificial deadline.

Dealing with Insurance Companies

You should consult with an attorney before discussing your personal injury claim with an insurance company. A McHenry County personal injury attorney at Botto Gilbert Lancaster, PC, can advise you on what to say to the insurance company and what evidence you need to gather. If the insurance company denies your claim, you may need to take it to court or file a personal injury lawsuit against the party at fault. Schedule a free consultation by calling 815-338-3838.

Source:

https://insurance.illinois.gov/AutoInsurance/auto_other_co_claim.pdf

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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