Dealing with Insurance Companies after a Pedestrian Accident

The aftermath of a pedestrian accident is often overwhelming. In addition to dealing with your injuries and recovery, you’ll likely have to navigate the complexities of dealing with insurance companies. This can be a frustrating and challenging process, as insurance adjusters are trained to protect their company’s bottom line, not to ensure you receive fair compensation. This guide provides essential information and advice to help you protect your rights.

It’s crucial to remember that the insurance company, whether it’s the at-fault driver’s insurer or your own, is not your friend. Their primary objective is to minimize payouts. They may seem helpful and cooperative initially, but their ultimate goal is to settle your claim for as little money as possible, or deny it altogether.

Insurance adjusters use various tactics to reduce or deny claims. Be aware of these common strategies:

• Requesting a Recorded Statement: They will likely ask you to give a recorded statement about the accident. You are not legally obligated to do so, and it’s almost always best to decline until you’ve spoken with an attorney. Anything you say can be taken out of context and used against you.
• Offering a Quick, Low Settlement: They may offer you a quick settlement before you fully understand the extent of your injuries, your long-term medical needs, and the full value of your claim. These initial offers are almost always far below what your claim is worth.
• Downplaying Your Injuries: They may question the severity of your injuries, suggest they were pre-existing, or argue that you’re exaggerating your symptoms.
• Shifting Blame: They may try to shift blame for the accident onto you, even if the driver was clearly at fault. This is especially common in jurisdictions with comparative negligence laws.
• Delaying the Process: They may delay investigating your claim, processing your paperwork, or responding to your inquiries, hoping you’ll become frustrated and accept a low offer.
• Asking for Broad Medical Authorizations: They may request authorization to access *all* of your medical records, even those unrelated to the accident. You should only authorize the release of records directly related to the injuries sustained in the accident.
• Using Surveillance: In some cases, insurance companies may hire investigators to conduct surveillance on you, hoping to catch you doing something that contradicts your injury claims.

Here’s how to protect yourself when dealing with insurance companies:

• Do Not Admit Fault: Never admit fault or apologize, even if you think you might have been partially responsible.
• Do Not Give a Recorded Statement: Politely decline to give a recorded statement until you’ve spoken with an attorney.
• Do Not Sign Anything: Do not sign any documents, including medical releases or settlement agreements, without having them reviewed by an attorney.
• Do Not Accept a Quick Settlement: Resist the pressure to settle quickly. Consult with an attorney to understand the full value of your claim.
• Document Everything: Keep detailed records of all communication with the insurance company, including dates, times, names of adjusters, and the content of conversations.
• Seek Medical Attention: See a doctor as soon as possible after the accident and follow their treatment recommendations. This creates a medical record of your injuries.
• Refer All Communication to Your Attorney: The best way to protect yourself is to let an experienced attorney handle all communication with the insurance company. Provide the insurance adjuster with your attorney’s contact information and politely inform them that all further communication should go through your lawyer.

An experienced pedestrian accident attorney at Hyslip Legal, LLC can level the playing field and protect you from unfair insurance company tactics. We will:

• Handle all communication with the insurance company.
• Investigate the accident thoroughly.
• Gather evidence to support your claim.
• Calculate the full value of your damages.
• Negotiate with the insurance company on your behalf.
• File a lawsuit and represent you in court, if necessary.

Don’t let the insurance company take advantage of you. Contact Hyslip Legal, LLC today for a free consultation. We’ll fight for the fair compensation you deserve.