If you’ve recently been involved in an automobile accident in Mississippi and are already frustrated from the dealings you’ve had with the insurance company, be aware that first and foremost the insurance adjuster’s job is to save his or her company money. Adjusters are well-trained in providing any and every excuse which can somehow justify paying you less on your claim. Being ready for such excuses will give you an advantage when dealing with recalcitrant insurance companies.
- Blaming your vehicle’s condition for the accident. The insurance company may try to claim that your vehicle was not properly equipped with safety devices (seat belts, headrest, mirrors, etc.) which could have prevented the injuries you are claiming. They may also claim that although the safety devices were present, you neglected to use them, or used them improperly. The insurance company could also claim your tires were bald and should have been replaced, and that there would have been no accident if you had properly maintained your car.
- The insurance company may attempt to use your prior medical history against you. They can do this by saying you had other physical issues which were actually responsible for the accident (epilepsy, headaches, vertigo) because they impaired your driving ability or your reaction time. If you are claiming soft tissue injury, the insurance company could try to use the fact that you have been to a chiropractor off and on through the years, implying the injury was present prior to the accident. Supposing you have seen a therapist for depression in the past few months or are currently taking an anti-depressant—the insurance company may even claim that your level of depression caused you to be less than an alert driver, therefore you were responsible for the accident. Although most all of these excuses will be bogus, you will definitely need an experienced personal injury attorney to help you combat such claims.
- Minimizing your injuries is a common tactic of insurance companies, and if you waited very long following the accident to receive medical treatment, they will use this as well. They may claim there was nothing in the police report to substantiate your claim that you were injured, or that there were no overt signs of physical injury at the scene of the accident. If you did not go to the emergency room, the insurance company may use this to “prove” you were not injured, but made up your injury later. If you told anyone at the scene of the accident that you were “ok” then this simple word may be used against you now that you are clearly not ok. Soft tissue injuries are much harder to definitively prove, therefore the insurance company may claim you are not truly injured because there is no absolute medical “proof.” The insurance company may also claim that the level of damage to your car simply doesn’t justify your claimed injuries. If you can produce witnesses who can attest to the changes in your physical health before and after the accident, this will help your case.
- The insurance company may attempt to use your recollections of the accident against you. Although none of us has a perfect memory, and in the face of the trauma of an accident our memories can become even less reliable, insurance companies will use any discrepancy in your statements to discount everything you say. If you are unsure of the time of day, the color of the other car or the number of witnesses who saw the accident, it could be used against you.
The most important thing you can do following an auto accident—aside from getting immediate medical attention—is first to record every single detail of the accident, both through notes and photos, then to hire a knowledgeable Mississippi injury attorney who can aggressively defend your rights against an insurance company who is attempting to avoid payment of your claim.
Call us today to discuss your case.
