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Founding Member & Managing Partner at Gina Corena & Associates
Practice Areas: Personal Injury
After a car accident, you may have to deal with an insurance company while also trying to recover from your injuries. The adjuster may seem helpful, but the company still wants to keep its payment as low as possible.
This can lead to low settlement offers, questions about your injuries, or requests for records you may not need.
Knowing what to look for can help you avoid accepting less than your claim is worth. If you are dealing with a disputed settlement , a Las Vegas personal injury lawyer can review your claim and explain your options.
Their goal is generally to resolve claims while limiting the amount they pay. That doesn’t mean every offer is unfair, but you should review it carefully before accepting it.
The adjuster may review:
The first offer may come before you know how long your recovery will take. If you are still getting treatment, the offer may not include all of your losses.
Do not judge a settlement by the first bills you receive. Your injuries and losses may continue after the first few weeks.
Insurance companies may look closely at your claim for reasons to pay less. Some of the most common issues include:
An insurance company may offer money soon after the accident. Getting a check quickly can sound good when you have medical bills or missed work.
The problem is that you may not know the full cost of your injuries yet. You may still need treatment or find that your injuries affect your ability to work.
Before accepting an offer, think about whether you know:
Once you accept the offer and sign a release, you usually cannot go back and ask for more money.
An insurer may question whether your injuries came from the accident or how serious they are.
The adjuster may look at when you first saw a doctor, whether you had an older injury, or whether there was a gap in your treatment.
Your medical records can help show when your symptoms started and how your doctors treated them.
An adjuster may ask you to sign a medical release. Be careful before giving an insurance company access to your entire medical history.
Some records may contain information unrelated to the accident. A review should generally focus on medical information connected to your injuries and claim.
An insurance adjuster may ask you to give a recorded statement or explain what happened in the accident. What you say can later be used when the insurer reviews your claim.
Even small comments can be taken out of context. For example, saying you feel “better” a few days after the accident does not mean you have fully recovered or no longer need treatment.
Before giving a recorded statement, make sure you understand what the insurer is asking for. If you are unsure how to respond, consider getting legal advice first.
Many people expect insurance companies to respond quickly after a crash, but settlement timelines vary.
The process may depend on:
A claim involving minor injuries may settle fairly quickly. A serious injury claim can take longer because you may need more treatment before you know the full effect of the accident.
You don’t have to accept an insurance company’s first offer. If the amount does not cover your losses, you can ask the insurer to reconsider it.
Reasons to dispute a settlement may include:
|
Problem |
What It May Mean |
| Leaves out medical costs | You still have treatment bills |
| Leaves out lost wages | You lost income because of the accident |
| Does not include future costs | Your injuries may require more care |
| Blames you for too much | The insurer may be assigning too much fault |
You can provide more evidence and negotiate with the adjuster. If you cannot reach an agreement, you may also have the option of taking legal action.
Useful records can include:
Keep copies of the records you send to the insurance company. They can be useful if there is a dispute later.
A first offer does not have to be your final settlement. Before accepting it, make sure you have a clear picture of your losses, including your medical costs, lost income, future treatment, and how your injuries have affected your daily life. Also make sure the offer covers the losses related to your accident.
Once you accept a settlement and sign a release, you usually cannot ask for more money later. Learn more about the car accident compensation process.
Dealing with an insurance company can be difficult when you are also dealing with an injury. An attorney can handle many parts of the claim for you.
This may include:
Research from the Insurance Research Council has found that represented claimants often receive higher settlements, though results vary by case.
An insurer may offer less when it believes the claim is worth less than you are asking. The first offer may also leave out future medical costs, lost income, or other losses.
You can negotiate your own claim, but you need to know what your losses are worth. Adjusters handle claims regularly, while most accident victims do not.
You can reject the offer, provide more evidence, and ask for a different amount. If the insurer still refuses, you may have other legal options.
An insurer may deny a claim if it disputes fault, questions the injuries, or believes there is not enough evidence. You can sometimes challenge a denied claim.
The first settlement offer may not tell the whole story. Your medical care, lost income, property damage, and other losses all matter when looking at a claim.
At Gina Corena & Associates , we specialize in fighting insurance companies and securing the compensation our clients deserve. If you’ve been injured, don’t let the insurance company take advantage of you. Contact us today for a free consultation!
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.
