Following a motor vehicle crash in Stockton, you have the right to seek compensation from the at-fault party and their insurer. Depending on the nature of your accident and the scope of your coverage, you may also have a claim through your own insurance company. Unfortunately, insurance companies often fight hard to pay out as little as possible settlement. You need to be prepared for their tactics. Here, our Stockton auto accident attorney highlights five strategies that insurance companies often use in order to try to limit the value of a car accident settlement in California.
Five Common Strategies Insurers Will Use to Reduce Your Car Accident Settlement
- Seeking a Recorded Statement Before You Speak to a Lawyer
What do auto insurance companies do after a crash? One of their first moves is to start building a defense. They do not wait to investigate the crash. Insurers want to gather as much information and evidence as possible to defend themselves against charges. Along with other things, insurance companies often act quickly after a crash to request a recorded statement.
While it may seem “routine”, it is actually part of their defense strategy. Indeed, the goal of the insurance company is to lock you into a version of events that could later be used to limit or deny your claim. Insurance adjusters are trained to ask leading questions or to prompt answers that lead people to downplay fault, suggest prior injuries, or indicate they are feeling “okay” if they are very badly injured in the crash.
How to Fight Back: Do not give a statement to an insurance company without first speaking to a Stockton, CA car accident attorney.
- Blaming You for All or Part of the Crash
California is a fault-based motor vehicle accident state. The party, driver or otherwise, who is at-fault for a crash can and should be held legally responsible for the resulting damage. Insurers commonly try to shift fault to reduce or eliminate their liability. A modified comparative negligence standard applies in California. You can still recover compensation if you are partially at fault for a crash in Stockton, but your recovery will be reduced proportional to your degree of blame. Notably, insurance adjusters may rely on incomplete evidence, misinterpret the crash scene, or twist your words to suggest you were distracted, speeding, or otherwise negligent.
How to Fight Back: Even if you think you may share some responsibility, do not admit fault without legal guidance. A Stockton car accident lawyer can investigate the accident thoroughly, challenge unfair accusations, and ensure that liability is allocated in a fair manner.
- Downplaying the Severity of Your Injuries
One of the most common insurance tactics is to minimize the seriousness of your injuries. They may claim that your pain is exaggerated, that your injuries are pre-existing, or that you didn’t need as much medical care as you received. The strategy can be especially harmful if you have soft-tissue damage or delayed-onset symptoms. Medical records are key to prove the existence and severity of your injuries. You should always follow through with recommended treatment. Beyond that, you should also keep detailed records.
How to Fight Back: Never downplay your own injuries. Do not tell anything directly to an insurance adjuster without going through your Stockton car accident attorney.
- Pushing a Quick (Lowball) Settlement Offer
You may get a settlement offer from an insurance company relatively shortly after a crash. Indeed, insurers often offer quick settlements to car accident victims before the full extent of their injuries or financial losses are known. These offers are rarely enough to cover long-term medical care, lost income, or future rehabilitation costs. In other words, it is a defense tactic that preys on an injured victim’s (reasonable) need for cash during a difficult time. Accepting too soon can waive your right to additional compensation. Never feel pressured to accept the first offer.
How to Fight Back: Be patient. A Stockton personal injury lawyer can help you negotiate for additional compensation in your car accident settlement.
- Failing to Account for Your Pain and Suffering Damages
In California, car accident victims have the right to seek compensation for their pain and suffering. Unfortunately, non-economic damages like pain, suffering, emotional distress, and loss of enjoyment of life are often overlooked or undervalued by insurance companies. These losses are real and they are compensable. Nonetheless, insurers may ignore them entirely or apply unreasonably low formulas. Further, they might argue there’s no “proof” of your suffering or minimize your emotional and physical toll. You have the right to seek full and fair compensation for pain and suffering.
How to Fight Back: Make sure that your injuries (and the pain you endured) are documented to the maximum extent possible. A Stockton, CA auto accident attorney can help.
We Hold Insurance Companies Accountable
Hurt in an automobile accident in Stockton or elsewhere in the San Joaquin Valley? It is likely that your claim will be handled by an insurance company. It is crucial that you know what to do to hold the insurance company accountable. At Redkey Gordon Law Corp, we fight tirelessly to get justice and the maximum financial support for victims. Our history of case results show what we can do in complex claims. Our firm has helped people and families secure more than $25 million in financial compensation. Your initial consultation with our Stockton car accident attorney is free.
Call Our Stockton Motor Vehicle Crash Attorney Today
At Redkey Gordon Law Corp, our Stockton auto accident attorney is a skilled, justice-focused, and solutions-oriented advocate for victims and families. We fight for the maximum insurance settlement for our clients. If you have any questions or concerns about a car accident case, please do not hesitate to contact us today for a free, no obligation case review. With an office in Stockton, our firm handles motor vehicle crash claims throughout all of Central California.