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New York Personal Injury Attorneys

What Should I Expect From The Insurance Company During A Personal Injury Claim?

May 2, 2020 in

Whether you are dealing with your own insurance company or someone else’s insurance company, it usually becomes apparent early on that it is difficult to obtain full and fair compensation for your losses. Most insurance companies work to protect the company by expending as little as possible on claims, keeping their number below any reserves they may have set.

What this means for your personal injury case is that the insurance company who is responsible for paying your claim will be working hard to defend against your claim and minimize the value of your loss and damages. 

Expect That They Will Undervalue Your Claim

Insurance companies know personal injury and insurance laws but they do not have to tell you what those laws are and how they apply to your case. They also have no duty to tell you what compensation you are entitled to recover.   During settlement negotiations, insurance companies may account for some of your injuries and damages in their settlement offer but oftentimes they will ignore or fail to take into account certain losses and damages for which you should be compensated. 

Expect That They Will Try To Pin Some Of The Blame On You

When insurance companies do not have a valid defense to your claim, a favorite defense is to try to pin some of the blame on you. They may point to some fact or witness statement to show that you are, in some way, liable for your injuries, regardless of what the laws in this State permit. This is another means by which companies minimize the damages to which you are entitled and are then able to save on the amount of insurance benefits available to you.

Expect That They Will Challenge The Extent And Severity Of Your Injuries

In general, the greater your injuries are, the higher your financial recovery will be in personal injury cases. Because of this, insurance companies will scrutinize your medical records and look into statements you’ve made to others about your injuries. They look for anything that can help them to deny the extent and severity of your injuries no matter how big or small.

Expect They Can Use Your Statement Against You 

Oftentimes insurance companies request to take statements.  The problem is that when an individual gives these statements to the insurance companies without any guidance or outside the presence of counsel, innocent words and phrases can be used against the injured party in an effort to discount their claims or place liability of the injured party.  

Your conversations with insurance adjusters are typically recorded. This is why it is important that you consult with a New York City personal injury attorney prior to giving any statement, especially when it involves the company insuring the responsible party.

Expect That Their First Settlement Offer Is Not Their Best Settlement Offer

As mentioned above, the goal of insurance companies is to pay you as little as possible, so insurance companies start out with low offers and often try to stay close to that original offer.  Insurance adjusters are skilled negotiators and it can be a difficult task for an individual to obtain a fair settlement without being represented by an attorney.  Having an attorney represent ensures that you will be compensated as fully and as fairly as you are entitled to.

If you or someone you know has been injured, feel free to call our office immediately so that we can assist you from the very beginning to ensure that your claim is handled properly and that you will be able to recover what you are entitled to. 

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Our fee is on a contingency basis. If we don’t recover money for you, we will never charge you. If you are unable to come to any of our offices, we are happy to visit you at home or in the hospital.

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