3 Unfair Tactics Insurance Companies Use To Hinder Personal Injury Cases

Insurance adjusters work to save their companies money. They want the insurance company they work for to pay as little in compensation as possible. Some insurance adjusters use improper tactics to convince you to accept smaller settlements than you are fairly entitled to. Heuser & Heuser, Pueblo personal injury attorneys, want you to be aware of these tactics, so that you may protect yourself against them.

You Have the Right to File Against Any Liable Party

Generally speaking, insurance adjusters want to keep you from filing a claim with their company. Oftentimes, multiple parties are involved in personal injury cases. In these scenarios, insurance adjusters know that they can sometimes persuade an injury claimant to file a claim with the insurer of one of the other liable parties. The adjuster will tell you that their client is less at fault than another liable individual, trying to get you to switch your plan of attack away from the company they work for.

When adjusters try this tactic, don’t let it deter you from submitting your claim. You have the right to file a claim against any liable party you choose. Eventually, the fault will be decided and one or more of the insurance companies involved will be responsible for compensation. Until the fault is determined, however, you should file claims with all insurance companies involved so as to ensure you receive your full compensation.

The Statute of Limitations Is Your Only Time Constraint

Insurance adjusters are aware that many personal injury claimants are unfamiliar with the process of filing a claim. They can take advantage of that unfamiliarity by asking you to provide a huge amount of totally unnecessary records, often diving deep into your past medical history. It can take a long time for injured individuals to track down medical records that are many years old.

The adjuster will wait until you’ve gathered all the requested documents, to possibly then tell you that too much time has passed between the accident and your claim submission. They may try and convince you that your claim will be disqualified on the grounds of being overly tardy. The company will then offer you an unfairly small settlement hoping that you’ll quickly agree to the low compensation out of fear that you won’t get another offer.

Do not fall for this tactic. The statute of limitations is the only time limit on filing a personal injury claim. As long as your claim is submitted within the statute of limitations for your state, it will not be disqualified on the grounds of being tardy.

There is one caveat to the above statement. If you’re submitting a claim to your personal insurance company, your policy may specifically designate a certain time period within which you must file a claim. But even if you file outside of this time period, the company is still obligated to review your submission unless the tardiness of the claim inhibits the company’s ability to investigate the claim.

You Don’t Need to Disclose Collateral Sources

If you’re receiving collateral imbursement from other sources, the insurance adjuster has no right to know about those. The adjuster may ask you to disclose all collateral financial resources, hoping that you will take a lower compensation on the argument that you’re receiving money from others. However, you are protected by the “collateral source rule” and are not obligated to reveal those sources (unless you’re a citizen of California).

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You need the best legal help you can get when you’re fighting for compensation in a personal injury case. Contact Heuser & Heuser, Pueblo personal injury attorneys.

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Frequently Asked Questions

There are a variety of things we look at when evaluating your case and determining its value. We look at how the accident occurred. We look at what sort of injuries you sustained. Do you have a permanent injury that will last the rest of your life? Are you going to have future medical bills? We look at lost wages. Did you lose your job? If you have permanent work restrictions as a result of the accident, you may not be able to find a job very easily in the future. These are some of the factors that we look at in evaluating a claim. Every case is unique and different. That’s why at our law firm, every case gets personal attention from the lawyer when it comes time to evaluate.

Insurance companies are in business for a reason: to make money. Anytime they are paying money on a claim, it means less money to their bottom line. They have literally hundreds of adjusters and hundreds of lawyers who are on their side trying to figure out how to prevent money from leaving their checkbooks. Quite frankly, you do need a lawyer to help you through this because your lawyer will make sure you’re properly compensated.

Cases settle before going to trial 80 to 90 percent of the time. However, that doesn’t mean there’s not a lot of work involved in getting a case settled outside of court. Sometimes you have to file a lawsuit and do a lot of what I call “legal maneuvering” to get a case settled. That means we take depositions from witnesses to the accident, from police officers, and from your doctors. But, yes, most cases will settle prior to trial.

We do get good results for our clients. We have settled hundreds, if not thousands, of cases where we’ve had large settlements. We’ve had substantial verdicts. We go to the mat for our clients if necessary. We’ll appeal cases. We’ll do whatever it takes to make sure our client is taken care of.

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Our Attorneys

Attorney Gordon Heuser | Heuser & Heuser | Colorado Springs

Gordon J. Heuser, Esq.

Attorney

As a Colorado Springs native, Gordon has been practicing in Southern Colorado for 35+ years.…

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Barkley D. Heuser, Esq.

Attorney

Barkley Heuser is a Colorado native, and has lived in Colorado Springs for over 59…

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Brennan Heuser | Personal Injury Attorney | Colorado Springs

Brennan D. Heuser, Esq.

Attorney

Brennan Heuser is a Colorado Native who graduated from the University of Miami, Fl with…

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