Dealing With Insurance Adjusters After A Car Accident in Austin
Written by Funk & Associates Personal Injury Lawyers
The insurance adjuster on the phone sounds like a VERY nice person.
He (or she) is really sorry to hear that you’ve been in a car accident in Austin.
But you need to understand a few things about insurance adjusters and how they deal with Austin-area car accidents.
And the biggest thing is this: The insurance adjusters aren’t interested in helping you!
Insurance companies are here to make money—not get you a fair resolution after you’ve been injured. That insurance adjuster works for a business that has one goal and one goal only: maximizing profits. Some adjusters’ salaries and bonus structures are tied to the amount that they actually settle cases for. The more they save the insurance company in settlements, the more they make in salary. Clearly the adjusters’ interests and your interests are not aligned.
After a car accident, you’re busy dealing with the accident report, thinking about vehicle repairs, making medical appointments. Dealing with insurance adjusters can be overwhelming.
If you found this article from a quick Google search for info about dealing with insurance adjusters after a car accident, we’re glad you’re here. Read on!
#1 You Need An Attorney Who Deals In Car Accidents
If you’re like most accident victims in Central Texas, you may think about speaking to an insurance adjuster before consulting with a personal injury attorney.
Bad idea!
In the chaotic aftermath of a car wreck, people inadvertently say things that could potentially harm a prospective personal injury case. Assume every call is being recorded and will be used against you. You may not deem something significant, but we have seen some of the most innocuous statements be spun and used against plaintiffs.
An experienced car accident attorney understands what to communicate (and what not to) to safeguard the strength of your case. We can help you gather the right evidence from the accident scene, including witness testimonials. Talk to us—not the insurance adjuster!
#2 The Police Department Report Isn’t The Final Word
Car accident attorneys sometimes find mistakes in police reports that may have otherwise gone unnoticed.
If APD or Travis County accident report contains errors, you need to know that the police accident report can be challenged. Don’t hesitate to question the accuracy of an APD report if you believe it may be flawed—taking such steps can be crucial in ensuring a fair resolution to your case.
#3 You Don’t Have To Accept the Insurance adjuster’s First Offer
Car accident victims can rack up a lot of debt. Between vehicle damage, medical bills, and lost wages, there are a lot of expenses. A settlement offer from the insurance might seem like a relief.
But insurance companies are known for making lowball offers. The settlement they propose probably won’t cover all your medical expenses and future treatments.
Look beyond immediate financial relief and consider future costs like ongoing physical therapy, pain management, adaptive medical equipment, and counseling for issues like PTSD.
A skilled car accident attorney can help you negotiate a settlement that ensures you won’t be left covering bills that the responsible party should be paying.
Don’t rush into accepting the first offer; seek legal advice to ensure your settlement truly meets your current and future needs.
#4 Watch Out For The Insurance adjuster’s ‘Independent Medical Exam’
Remember, you might be injured—even if you feel fine in the hours (and first few days) following the accident.
Many Austinites tell themselves they aren’t hurt (that’s a “tough Texan” thing), but within a few days you might start to feel like you sustained an injury, even if it was a minor “fender bender.”
In certain situations following a car accident, some insurance companies may require you to undergo an “Independent Medical Exam” (IME) with a doctor of their choosing.
These doctors are compensated by the insurance company, creating a potential conflict of interest. Their primary obligation is to protect the insurance company’s interests, which may result in an examination that aims to limit the insurer’s payouts rather than providing an objective assessment of your injuries.
If the adjuster tells you that you must attend such an exam, respectfully tell them, that you are hiring an attorney and that attorney will be contacting them.
It’s common for IME doctors to attribute accident injuries to preexisting conditions or downplay their severity. So the safest bet is never to attend such a meeting and to stop all communication with the adjuster. RED FLAG WARNING
#5 You May Be Entitled To Compensation Even If You Were Partially At Fault
Texas is a modified comparative negligence state. This means that you are permitted to sue for damages even if you are partially at fault for an accident.
However, you will not be able to recover compensation if you are more than 50 percent at-fault for an accident.
An experienced attorney can assess the details of your situation, evaluate the degree of responsibility assigned to you, and guide you on the potential for seeking damages despite your involvement in the incident.
#6 Don’t Talk About Your Car Accident On Social Media
If you’ve been involved in an injury accident, avoid social media. Anything you share or comment on these platforms can potentially be used against you because the other side is watching you, ready to hurt your personal injury case!
Even if you believe you’re sharing something harmless, insurance companies may interpret it differently. For instance, a post about going for a walk at the park could be manipulated to suggest that you’re less injured than you claim.
To protect your case, it’s best to refrain from posting or commenting on social media after an injury accident. Insurance companies may scrutinize your online presence, so maintaining a low profile can help avoid misinterpretations of your activities and protect your interests.
Also, remove any past disparaging photos of you on social media.
Your personal injury lawyer can thoroughly investigate the cause of the accident and assess your legal options. For assistance with every aspect of your claim, including establishing liability and negotiating fair compensation, reach out to Funk and Associates for a free consultation to discuss your case and get a better understanding of your rights.
Trust us, not the insurance adjuster!
