If you are involved in a serious car accident in Mississippi, you may suffer serious injury or the tragic loss of a loved one. The liability claim typically will be handled by the negligent party’s insurance company. Insurance companies maximize profits by minimizing the number and amount of payouts on valid claims. Insurance carriers have teams of attorneys, experts, and a wealth of resources that they use to minimize the recovery of accident victims. Insurers handle tens of thousands of claims each year so they have an enormous wealth of experience in avoiding or minimizing liability claims.
Car accident injury victims need to understand the deceptive tactics that auto insurance carriers use to avoid paying claims. This blog provides an overview of some of the tricks and tactics that the other driver’s insurance company might employ to mitigate liability.
Delaying Settlement of a Claim: Insurance companies are aware that car accidents that result in any form of serious injury impose enormous financial pressures on a car accident victim and his or her family. Mortgage lenders, credit card companies, utility companies and other creditors do not stop sending bills when a breadwinner is injured. Insurance adjusters know that the challenge associated with paying household expenses is compounded by mounting medical bills. An insurance company may intentionally drag out the settlement process to increase the financial pressure on a disabled injury victim. The insurance carrier hopes that the financial pressure becomes so intense that you simply settle the case for whatever the insurance company is prepared to offer. There are also crucial time limits like the statute of limitations and deadlines for filing a claim against a public entity. Many personal injury lawsuits are permanently barred because a car accident victim fails to file a lawsuit or file a claim against a public entity within the required deadlines.
Use of Recorded Statements: Once the other driver’s auto insurance carrier has been informed that you have been injured in a car accident, the insurer might contact you and ask you to agree to a recorded statement. The insurance adjuster may even imply that they cannot process your claim unless you provide such a statement. Because your claim is a third-party insurance claim based on the liability of the insurance company’s policyholder, you are under absolutely no obligation to provide such a recorded statement. Any inconsistencies, confusion, or misstatements might well be used against you to deny or minimize your claim. The sole purpose of such a statement is to develop damaging evidence against you and to craft an effective litigation strategy to deny liability or reduce the value of your recovery.
Surveillance and Monitoring of Social Networks: Insurance companies can and often do gather evidence by way of social network monitoring. A growing number of people disclose many intimate details of their life on social network websites. Insurance companies are aware of this practice and may monitor your site for compromising admissions, photos, and video clips. Examples of damaging admissions might include the fact that you were not wearing your seatbelt, or you were using a cell phone when the accident occurred. More and more car accident lawsuits are derailed when pictures emerge of an injury victim dancing the limbo, engaging in extreme sports, or otherwise engaging in conduct that is inconsistent with serious injury.
Challenging the Existence or Severity of Injuries: Insurance companies often argue that your injuries are either faked, exaggerated, or the product of a cause other than a car crash. Insurance companies routinely request disclosure of any prior injuries or illnesses and attempt to determine whether any of your current injuries may be characterized as pre-existing.
Requests to Sign Documents: It is not uncommon for the other driver’s insurance company to ask you to sign legal documents. Two common documents that you may be asked to sign are an authorization for the release of personal or confidential information and a general release of liability. An authorization for release of information may enable the insurance company to conduct a fishing expedition by seeking your employment records, medical records, criminal records, and many other types of documents and information. Car accident victims that sign a general release of liability may waive all future claims for liability, which include those linked to legal claims that they were not aware existed and injuries that have not yet manifested symptoms.
Our Mississippi Car Accident Lawyer anticipate these tactics and act to protect our client’s best interests. Contact Barrett Law today at (800) 707-9577 to schedule your free consultation. We can evaluate your right to financial compensation.