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Fighting the Insurance Company After a Car Accident

After a car accident, those involved understandably anticipate a seamless claims process that promptly delivers rightful compensation. Unfortunately, reality often diverges from this expectation. Insurance companies make dealing with a car accident more daunting and frustrating than necessary. These profit-oriented entities aim to minimize payouts, potentially leaving victims in a vulnerable position.

Nevertheless, as an insured or injured party, you have rights that warrant protection and advocacy. The best and most effective way to stand up for your rights is to hire a qualified Denver car accident attorney.

As an injury victim, you are in no position to fight a large insurance company that processes claims everyday. Allow an experienced attorney to fight for you.

Steps You Can Take to Fight the Insurance Company

You may have more power and control than the insurance company wants you to believe after a car accident.

To increase your claim’s chances of success:

  • Hire a well-versed car accident attorney
  • Seek prompt medical care
  • Follow your doctor’s advice regarding follow-up treatment and care, as well as activity and work restrictions
  • Save receipts, bills, and other documentation regarding your accident-related expenses to give to your attorney
  • Keep a journal regarding your pain and suffering and any inconveniences you face related to your injuries or related disabilities
  • Don’t speak to the insurance adjuster

Insurance Company Tricks That Get Car Accident Victims to Settle for Less

In all but two U.S. states, drivers must demonstrate financial responsibility before operating a vehicle. Typically, this involves proving you meet the minimum legal insurance coverage requirements.

This ensures that after an accident, if an at-fault driver causes injury, death, or property damage, the affected party can receive financial assistance for their accident-related expenses. On the surface, this requirement seems straightforward.

However, insurance companies tend to add complexity to this process.

Why?

While their core function is to compensate car accident claims fairly, doing so typically doesn’t align with their financial interests. Like any business, their primary goal is to generate profits. The more they pay out in car accident claims, the less they retain in their bank account.

To address this challenge, they employ strategies and tactics designed to persuade car accident victims to settle for amounts below the actual worth of their claims.

For anyone initiating a car insurance claim post-accident, regardless of the scale, stay aware of these unjust and sometimes unscrupulous practices. Equally important is having a seasoned car accident attorney by your side to help spot and counter these tactics.

So, how do insurance companies attempt to deceive you? Here are some of their frequently used maneuvers.

The “Swoop and Settle” Tactic

Do insurance companies aim for swift settlements? Indeed, they do, but their motivations differ from yours. You want a quick resolution to cover expenses, make up for lost income, and regain normalcy in your life.

On the contrary, they want to hasten the process to prevent car accident victims from consulting an auto accident lawyer and discovering the true value of their case or from fully realizing the extent of their injuries.

They prefer to approach you quickly, often within days of you filing a claim, and present a speedy offer for you to accept. This approach keeps you unaware that the offered amount will not recover with legal representation. Once you accept and endorse their offer, it’s typically binding, even if you haven’t consulted an attorney, leaving little room for renegotiation.

Never accept any settlement proposal from the insurance adjuster without first consulting an experienced car accident attorney. Furthermore, if you counter their settlement offer, do so with an attorney who can assess the strengths and weaknesses of your claim.

The Recorded Statement Request

When the insurance adjuster contacts you regarding the accident, they may request your permission to record your statement and responses to their inquiries. They might imply that it’s  necessary, insinuating that your claim cannot proceed without it. However, this isn’t accurate. You aren’t obliged to consent to or provide a recorded statement. Instead, inform them that you plan to consult an attorney first.

Agreeing to a recorded statement can potentially be used against you.

The adjuster might pose leading questions like:

  • “You didn’t notice the car because you were distracted by your cell phone, correct?”
  • “You were driving home after a long night shift, weren’t you?”

Alternatively, they might attempt to manipulate your statements. Retain an attorney who can communicate with the insurance adjuster on your behalf. This way, you protect your rights and interests.

Delaying Your Claim Process

A common strategy employed by car insurance companies is to deliberately prolong the processing of your claim. You promptly submit your claim after the accident, only to be in limbo for a long time.

When you inquire about the status of your claim, the adjuster may offer vague responses or provide various excuses. Or they may not ever return your calls or emails. They aim to wear you down, hoping you’ll grow weary of the wait, forget about your claim, and either settle for less or abandon it altogether.

However, with legal representation, the insurance company knows that such delays won’t go unchallenged. Your attorney will prevent unwarranted delays in the claim. This way, you know that someone will handle your claim promptly and efficiently.

Requesting Unnecessary Medical Records

While the insurance company is entitled to review the medical bills and records relevant to your claim for reimbursement or compensation, they don’t have an automatic right to access your medical history predating the car accident.

Providing them with such information can potentially go against you. For instance, if you furnish them with records of a prior back injury, they might argue that the recent car accident didn’t cause your current pain and symptoms but that they stem from the previous condition. They do this either to deny or diminish the value of your claim.

Furthermore, the insurance adjuster may request redundant records or information they already possess to further delay the processing of your claim. Handling such requests with caution and consult your attorney to ensure you provide only the necessary and pertinent information.

Common Causes for Car Accident Claim Denials

Fighting the Insurance Company After a Car Accident

Car accident claims can face denial from insurance companies for various reasons.

Here are some frequently encountered grounds for claim denials:

  • Lack of coverage: If the specific type of accident or damages claimed falls outside the scope of the policyholder’s insurance coverage, the company may reject the claim.
  • Policy exclusions: Insurance policies often specify situations where coverage is not applicable. For example, they may exclude accidents involving driving under the influence of alcohol or drugs. In such cases, claims may face denial.
  • Failure to notify: Timely reporting of accidents is typically a requirement in insurance policies. Delays or failure to promptly inform the insurance company can lead to claim denial.
  • Policy lapses or non-payment: If the policyholder neglects to pay premiums or allows the policy to lapse, the insurance company may deny the claim due to non-payment or lack of active coverage at the time of the accident.
  • Misrepresentation or fraud: If the policyholder provided false or deceptive information during the claims process or when applying for the policy, the claim may be denied based on grounds of misrepresentation or fraud.
  • Disputes over liability: In cases where parties dispute fault for the accident, the insurance company may withhold the claim until you establish liability. This often occurs when the insurer believes the policyholder bears some or complete responsibility for the accident.
  • Insufficient evidence: Adequate evidence must support a claim. Incomplete or ambiguous documentation, such as police reports, medical records, or photographs, may result in a claim denial.
  • Failure to cooperate: Policyholders should cooperate with the insurance company’s investigation of the claim.

An insurance company cannot justify every denial. A seasoned car accident attorney can determine if you have valid grounds to continue pursuing your claim. You often do.

How Can an Accident Attorney Fight the Insurance Company?

A car accident can lead to distressing physical injuries, emotional trauma, and financial strain. When navigating the aftermath, dealing with insurance companies adds to the challenge.

Insurance adjusters are skilled at minimizing payouts, often leaving victims under-compensated for their injuries and losses.

This is where a car accident attorney steps in, offering invaluable experience and advocacy to level the playing field.

In-Depth Understanding of the Legal Landscape

Car accident attorneys possess extensive knowledge of personal injury law, including the intricacies specific to car accidents. They are well-versed in statutes, regulations, and case precedents that can significantly improve your claim. Their experience and knowledge enable them to craft a compelling case on your behalf.

Thorough Investigation and Evidence Collection

A seasoned car accident attorney will conduct a comprehensive investigation into the circumstances surrounding your accident. This includes gathering critical evidence such as police reports, witness statements, photographs, and expert testimony. They also have access to accident reconstruction specialists who can provide valuable insights into the cause and liability.

Accurate Assessment of Damages

Determining the true extent of your damages requires carefully evaluating various factors, including medical expenses, lost income, property damage, pain and suffering, and potential future costs.

Car accident attorneys use a structured approach so they overlook no elements of your losses, resulting in a fair and comprehensive estimation of your claim’s value.

Skilled Negotiation With Insurance Companies

Insurance companies aim to settle claims quickly and for as little as possible. Car accident attorneys are skilled negotiators who understand the strategies used by insurance adjusters. They can effectively counter these tactics, advocating for your rights and seeking maximum compensation on your behalf.

Protection Against Unfair Settlements

Insurance adjusters may present initial settlement offers that don’t reflect the true value of your claim. Without legal representation, victims may accept inadequate offers due to financial pressure or a lack of awareness of their rights. A car accident attorney acts as a shield, ensuring you don’t settle for less than what you rightfully deserve.

Representation in Court, if Necessary

In cases where negotiations don’t yield a satisfactory outcome, a car accident attorney is prepared to take your case to court. They will leverage their litigation skills and experience to present a compelling case before a judge and jury. This demonstrates to the insurance company that you are committed to pursuing your rightful compensation.

Addressing Complex Legal Issues

Certain car accident cases involve complexities such as multiple liable parties, uninsured or underinsured motorists, or disputed liability. Car accident attorneys are ready to navigate these intricate legal scenarios, ensuring you receive the compensation you deserve, even in challenging situations.

Hiring a well-versed car accident attorney is a crucial step in protecting your rights and obtaining fair compensation after a car accident. Their skills, advocacy, and commitment to your case can make a significant difference in the outcome of your claim. By entrusting your case to a skilled attorney, you are taking a proactive step toward achieving a just resolution for your injuries and losses.

Involved in a Car Accident? Seek Legal Guidance to Fight the Insurance Company

Insurance companies may undermine your case and manipulate your statements, potentially diminishing the strength of your claim and leading you to accept a lesser settlement. By enlisting the services of an experienced personal injury lawyer in Denver, you can safeguard yourself against such strategies and recover rightful compensation for your injuries and losses.

Lauren Varner, Personal Injury Attorney

Lauren is a Personal Injury Attorney. She is Colorado native who became involved with the field of personal injury long before she became an attorney. Lauren’s professional philosophy centers around good old fashioned hard work, producing quality work product, and treating others professionally, with dignity and respect at all times.

Awards and as featured on

National Trial Lawyers Top 40 Under 40 Included in TOP 40 Under 40 by The National TRIAL Lawyers in Centennial CO Varner Faddis Top Lawyers Denver Badge – 5280 Magazine American Institute of Personal Injury Attorneys 10 Best Attorney Top 40 Under 40 5280 Denver Top Lawyers
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