Motorcycle accidents can leave you feeling vulnerable, especially when you are faced with the task of dealing with insurance adjusters. If you’ve been injured due to someone else’s negligence, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. However, navigating the claims process can be challenging, and insurance companies often employ tactics to reduce the amount they pay out. Understanding these tactics is essential for protecting your rights and securing the compensation you deserve.
Understanding The Role of Insurance Adjusters
Insurance adjusters are employees or representatives of insurance companies whose job is to investigate claims and determine the amount the company should pay. While they may appear helpful and sympathetic, their primary goal is to protect the company’s bottom line. They are trained to minimize payouts, and their actions are not always in your best interest.
After a motorcycle accident, an adjuster may contact you quickly, asking for details about the accident and your injuries. While it might seem like they are just gathering information, their questions and requests are often strategically designed to weaken your claim. Being prepared for these interactions can help you avoid common pitfalls.
Delay Tactics to Wear You Down
One of the most common strategies insurance adjusters use is delaying the claims process. They may take longer than necessary to investigate your claim, request excessive documentation, or repeatedly transfer your case to different representatives. These delays are meant to frustrate and exhaust you, with the hope that you will accept a lower settlement just to end the process.
Delays can also work against you if you have immediate financial needs, such as medical bills or lost wages. By stalling, the insurance company hopes you will feel pressured to settle for less than you deserve. To counter this, document every interaction with the adjuster, follow up consistently, and consider seeking legal advice if delays persist.
Offering Lowball Settlements Early On
Another common tactic is offering a low settlement soon after the accident. The insurance company might frame this as a “quick resolution” to your case, knowing that you may be tempted to accept it to avoid a lengthy process.
These early offers are often much lower than what your claim is worth. The adjuster may downplay the severity of your injuries or suggest that you don’t need further medical treatment. It’s essential to have a full understanding of your medical condition and the long-term impact of your injuries before accepting any offer. A low settlement may not cover ongoing medical expenses or future complications resulting from the accident.
Questioning Your Injuries or Liability
Insurance adjusters often try to minimize their company’s liability by questioning the extent of your injuries or suggesting that you were partially at fault for the accident. They may ask for unnecessary medical records or argue that your injuries were pre-existing. These tactics are designed to devalue your claim or even deny it outright.
Additionally, the adjuster might attempt to shift blame onto you by scrutinizing your actions leading up to the accident. They may argue that you were speeding, not wearing a helmet, or not following traffic laws. In Georgia, even if you share some fault, you may still be entitled to compensation under the state’s modified comparative negligence laws. As long as you are found to be less than 50% at fault, you can recover damages, though your award will be reduced by your percentage of fault.
Monitoring Your Activities
Insurance adjusters may also monitor your activities, both online and offline, to find evidence that could be used against your claim. They might check your social media accounts for posts, photos, or comments that contradict your reported injuries or pain levels. For example, a seemingly innocent picture of you smiling at a family event could be misconstrued as proof that you are not seriously injured.
To protect your claim, it’s best to avoid posting anything about the accident or your recovery on social media. Be mindful of how your activities might appear and ensure your actions align with the injuries you’ve reported.
Requesting Recorded Statements
Adjusters frequently ask victims to provide a recorded statement, claiming it is necessary to process the claim. While this might sound reasonable, these statements are often used to find inconsistencies or admissions that can weaken your case.
For instance, the adjuster might ask leading questions or pressure you to make statements about your injuries or the accident before you fully understand the scope of your damages. Even a minor inconsistency in your account can be used to discredit you later.
You are not legally required to provide a recorded statement to the other driver’s insurance company. It’s generally advisable to decline these requests and instead provide written information if necessary.
Encouraging You to Avoid Legal Advice
Insurance companies often discourage claimants from seeking legal advice, suggesting that hiring an attorney will complicate the process or result in less money for you. They may claim that they are offering a “fair deal” or that involving a lawyer will delay your payment.
The reality is that insurance companies fear claimants who are represented by skilled attorneys. A lawyer understands the tactics used by adjusters and can negotiate on your behalf to ensure you receive the compensation you deserve. Don’t let an adjuster’s comments deter you from seeking the guidance you need to protect your rights.
Atlanta Motorcycle Accident Lawyer
If you’ve been injured in a motorcycle accident due to someone else’s negligence, you don’t have to face the challenges of dealing with insurance adjusters alone. The experienced motorcycle accident lawyers at Butler Kahn is here to help you navigate the legal process and fight for the compensation you deserve. Contact Butler Kahn by calling (678) 940-1444 or contacting us online for a consultation. Don’t let insurance adjusters take advantage of you during this difficult time—reach out today to discuss your legal rights and options.
