It's true. Many car accident victims act on bad advice from misinformed family members and friends. Although they have good intentions, the bad advice you hear from non-attorneys can destroy your case causing you to get less money than you deserve or to lose the case altogether. Once this damage has been done there is little that an attorney can do to help you. This informative article will provide you with the information you need to avoid some common mistakes.
Why is it so easy for accident victims to damage their own case?
The main reason that it is so easy for you to damage your case is because the process was specifically engineered to work that way by the insurance companies involved. State laws and statutes define certain rules that the insurance companies must abide by. These rules determine much of the way that an insurance company is allowed to interact with you, the accident victim, but they leave a large portion of the process open to interpretation, which the insurance companies use to their advantage.
In short, the insurance companies can
technically play by the rules (in other words they are not breaking any laws), but still
deny your claim or reduce the amount of compensation that you receive based entirely on a technicality
that they control.
If you are thinking "That's not fair!" We are inclined to agree with you.
How an attorney can help you!
Now that you have a better understanding of how the insurance companies are able to get away with what they do, you are probably left wondering, "What can an attorney do to help?"
There are many misconceptions about "how" a law firm helps you win your case. For some reason, most attorneys have always operated in relative obscurity as if they did not want to reveal their techniques. On the contrary, we feel that it is important for our clients to understand the hard work that we are doing for them. With that in mind, we offer this explanation: The way that an experienced attorney helps you win a car accident case is by understanding the tricks that the insurance companies use, and beating them at their own game.
It's really that simple, or that complicated depending on your attorney's level of experience. Our firm understands the techniques that the insurance companies use and we know how to navigate through the process and avoid all of the pitfalls.
Techniques, arguments, and technicalities exploited by the insurance companies
You are probably wondering, "So what are these tricks that the insurance companies use?" Here are a few examples:
1. Everything you say can be used against you
When you speak to an insurance adjuster everything that you say can and will be used against you if at all possible. It is human nature for our stories to change ever so slightly if we are asked the same question in a different way, and I am not referring to fabrications or lies. Being pressed for new information causes us to think about events and circumstances from a slightly different perspective. This brings to light new information that, in the grand scheme of things, does not change the events of your accident, that is, until the insurance company exploits your words in an effort to deny or reduce your claim.
For example, let's assume that you were in an accident where you were rear ended. While talking to the responsible party's insurance company they ask you to explain your side of the story. You explain that their insured hit your car from behind while you were slowing for traffic. Under Texas law that would mean that their insured is at fault, aside from a few extreme situations. The adjuster may ask you, "So they were following you too closely?" Naturally you would agree with that statement as the whole reason that the accident happened is that they did not leave enough braking distance to stop without hitting you. The insurance adjuster might then ask you if it was making you angry that they were following you so closely. Naturally you will reply, "Yes!" Their next question may be "Do you normally stop early so that you avoid hitting the car in front of you?" Naturally, you say "Yes." What you do not realize is that they just got you to admit that "stopped early". You inadvertently opened the door for them to accuse you of "brake checking" the other car. You admitted you were angry that they followed you too closely. You admitted that you "stopped early". All the adjuster must do is catch you off guard with an accusation, and you just accidentally destroyed your own case.
A
car accident lawyer will help you avoid all of this nonsense by speaking to the insurance company on your behalf, thereby eliminating the possibility that they can use your words against you altogether.
2. You are asked to repeat everything
Every time you call to check on the status of your claim you will probably notice that you find yourself explaining your story over and over again and that the call is often answered by a different person than your adjuster. This is no accident. This is another part of the above mentioned strategy. They are creating an opportunity for you to slip up and say anything that they can use against you.
On the contrary, when you have an attorney, one single adjuster will communicate with the attorney, thereby eliminating the effectiveness of this technique.
3. Lapse of treatment
A common argument used by the insurance companies is that you waited too long after the accident to receive treatment. This is referred to as a "lapse of treatment" argument. For example: You are involved in an accident where the other driver rear ended you and a witness corroborates your story. Clearly the other driver at fault so the insurance company is not going to argue liability (in theory). They accept liability and now their new mission is to pay you as little as possible. The insurance company discovers that you waited two days after your accident before you went to see a doctor. While you and I know that is a reasonable time period, due to the fact that many injuries do not fully manifest themselves immediately after an accident, the insurance company will insist that this lapse of treatment is an indication that your injuries are less severe than you claim. This creates a perfect opportunity for the insurance company to trivialize your injuries and offer you an unreasonably low offer.
An
experienced auto accident law firm will establish a causal link between your injuries and the accident that would be quite challenging for the insurance company to refute.
4. No police report
If after your accident you did not call the police to file a report (or in some cities such as Arlington, TX. the police will not file a report unless there is a major injury or damage to city property) you are playing right into the insurance company's hand. This creates a scenario where it is your word against there's, and believe me when I tell you that you would be shocked to discover just how many people will lie about their liability in a car accident. If you do not have a police report that shows the other driver to be at fault the insurance company can certainly use that against you. This goes back to the whole issue of the insurance company having a lot of freedom in interpreting the rules. If there is a police report that shows their driver to be at fault, they will have a hard time arguing against that. But create any opportunity for them to have a reasonable chance at denying liability, and they will certainly exploit it.
An experienced attorney knows that even after the accident, there is often physical evidence that shows what really happened. Our firm will often conduct our own investigation that produces a result similar to a police report when one is not available.
An Attorney's Leverage
With all of that in mind, what makes the insurance company want to play fair with the attorney? Where does the attorney get this "power" from? In The State of Texas, an accident victim has two years from the date of the accident to file a lawsuit. Insurance companies do not want to deal with a law suit because it creates an opportunity for them to go before a jury, and, let's face it, jury's are not usually kind to insurance companies. Your attorney will negotiate with the insurance company and attempt to get you the compensation that you deserve. The attorney uses the possibility of a lawsuit as leverage against the insurance company. Your attorney's presence effectively implies, "Treat my client fair or we will sue you!" Naturally, the effectiveness of that threat is proportionate to the attorneys ability to win cases. Our firm wins. The insurance companies are aware of this, and they take us seriously.
In conclusion, the best way to avoid damaging your case is by contacting an attorney immediately after your car accident, before you ever have an opportunity to fall into an insurance company trap. The experienced
automobile accident lawyers at Grossman Law Offices will listen to your story, help you make informed decisions, and guide you through the process toward a favorable outcome.Don't be a victim twice.
If you have any further questions, or would like advice, feel free to contact us at 888-436-0288. Our attorneys are happy to answer any questions you may have.
-Written by Texas Auto Accident Attorney E. Michael Grossman