Insurance companies claim to be on the lookout for your best interests, but in reality, they want to pay as little as possible when they have an injury claim to cover. This is, unfortunately, a harsh reality that may not sit well with you, particularly if you’re already enduring the physical pain of having been injured in an accident. Insurance companies regularly resort to using delay tactics and other measures to try and minimize the damages they have to pay out in your injury claim.
The more you know about the tactics used by insurance companies, the better off you will be. Learn some important information on how insurers will try and undercut your injury claim, which will be helpful in determining whether you need to take legal action in order to receive damages for what you’ve gone through.
The Duty of Care
In order to receive anything from another party after you’ve been hurt in an accident, you as the plaintiff will need to prove that the defendant was negligent in such a way that caused the accident and your injury to happen. Part of this involves demonstrating that the defendant violated the basic duty of care that we all have towards one another. The insurance company, on the other hand, will try to argue that their client was well within their responsibility.
Assumption of Risk
A common tactic the insurance company may use to this end is showing that you were knowingly engaging in a risky activity, and therefore there was an assumed risk of injury involved. This is often why so many injury lawsuits are dismissed in school sports accidents. If they can prove an assumption of risk on your part, such as if you were injured during a dangerous activity like skiing, you may be less likely to collect damages.
Making You Responsible
The insurance company may also try and prove that you hold some of the liability as well in order to limit the liability of the defendant. This could mean proving that you acted negligently, too, at the time of the accident, or that you failed to get the proper care after the accident happened.
Minimizing Your Injury
Another common insurer tactic is that of minimizing or nullifying your injury. They could cite a lack of proper medical records, introduce third party “unbiased” reports from a doctor of their choosing, or try to demonstrate you had prior injuries which are the underlying cause of your suffering. They might even claim that you’re not hurt at all! Often, such claims rely heavily on a lack of reports, records and the like, which is why it’s important after an accident to file police reports and keep detailed medical records of your treatment and diagnosis.
If you have been hurt in an accident in Winston-Salem, NC and need a qualified personal injury lawyer on your side, look no further. Lewis & Keller, formerly Mike Lewis Attorneys have been serving clients in North Carolina for years and will help you get the coverage you need. Contact us today for a free case review.