Q: Why do I need to hire a lawyer when the insurance company should cover my expenses?
Q: How does the insurance company view the claims process?
Q: After I was seriously injured I contacted the other party's insurance company. Are there things I should do to protect my claim? 
Q:What are some common insurance company tactics or procedures that I should be aware of if I am injured in an accident? 

Q: Why do I need to hire a lawyer when the insurance company should cover my expenses?
A: Many injured individuals, who are involved in an automobile, truck, bus, motorcycle, pedestrian, construction, or premises liability accident, are under the assumption that the responsible parties' insurance companies represent the interests of injured people.  The belief is that because the person suffered an injury at the hands of the negligent party's insurance company, the insurance company would be under a legal duty to represent the injured person.  However, this is far from being true.  In fact, insurers are only obligated to protect their policyholders' interests, not the interests of injured individuals who are not their customers.  Further, insurance companies are generally focused on their own bottom line, which is to minimize the amount they have to pay to claimants.   

Having an experienced personal injury lawyer on your side is essential when insurance companies have many more advantages and resources than injured individuals have in their arsenal.  Insurance companies have knowledgeable attorneys who understand the various statutes, regulations, insurance contract rules, and litigation procedures.  Insurance companies also have an in-depth understanding of the insurance claims process, can immediately swing into action before an injured person understands what he or she should do, and can easily foresee what the injured person is entitled to based on statutory rules and regulations.  To establish an even playing field, it is imperative if you are injured that you have an experienced lawyer to represent you and your interests.    

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Q: How does the insurance company view the claims process?
A: Typically, the at-fault party's insurance company will "handle" your claim, which means that the insurance company has a series of set rules, practices, and procedures to minimize the amount the insurer has to pay the injured person for damages incurred.  This claims process is so routinized that often when you get a phone call or letter from the insurance company, the insurance company's employee or agent is reciting from a pre-drafted company script.  These employees also have certain "goals" they must achieve on behalf of their employer--the insurance company--when handling insurance claims.  These goals are again targeted at keeping the amount the insurer pays to claimants at a minimum.

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Q: After I was seriously injured I contacted the other party's insurance company. Are there things I should do to protect my claim? 
A: Yes, there are several things you should do to protect your interests after you have been injured due to another party's conduct.  Often, injured people assume that their work is done once they contact the other party's insurance company, but this is what the insurance company wants you to believe.  Insurance companies are hoping that the less you know, the greater the likelihood that months later, if you have to take your case to court against the responsible party, you will be unable to prove your claims due to a lack of proof. 

In reality, if you plan on being compensated for damages you suffered, you must be able to establish your case.  Unfortunately, many people do not know this and by the time they do realize this, it is too late--the evidence needed to support their case has disappeared or is now too difficult to obtain.  Insurance companies will not tell you what experienced personal injury attorneys already know, which is that injured victims should preserve evidence from the accident immediately, such as taking photos of vehicle damage and holding onto any documents related to receiving medical treatment.  

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Q: What are some common insurance company tactics or procedures that I should be aware of if I am injured in an accident? 
A: From representing and assisting hundreds of individuals injured in automobile accidents, we have noticed the common insurance practices and procedures insurance companies will engage in when handling claims.  The following are some of the insurance company tactics that injured people must avoid if possible:

• The (Incomplete) Interview:  Typically, an insurance company representative will call you or a "recorded interview."  However, you might find out later that the first reassuring part of the call was not recorded at all.  Often, instead of asking what injuries you suffered, the caller is more concerned about whether you had any previous injuries in the areas where you were injured after the accident. 

To protect and preserve your interests, you should ask the insurance company questions, such as whether they will take accurate photos of the cars involved in the accident, what kind of medical care they recommend, and whether they will help you if you lose your job or lose wages.  You should keep notes of what is said during the call. 
 

• The (Unwritten) Reassurance:  The insurance company agent who calls you might give you the impression that the insurance company is accepting responsibility for the harm done to you, but this reassurance is not legally binding.   In fact, if important witnesses who can attest to your account of the facts do not come forward, the insurance company is in a better position to deny your claim.  This is why it is important that you obtain the name, addresses, and contact information of any person who was involved in the accident and witnesses who observed the accident.
• The (Disappearing) Evidence:  Frequently, the insurance company takes a few photos of your car but do not tell you to take your own photos.  By the time your car is totaled or repaired, you may notice that the insurance company's photos are so poor that they do not show the damage to your vehicle, making it difficult for you to prove that your car was in a serious collision.  You should also know that the auto body repair shop, which is being paid by the insurance company, is not always instructed to photograph collision damage to your car. 
• The (Mounting) Pressure:  The insurance company agent who calls you might give you the impression that the company will pay for your medical bills as soon as you send them to the insurance company, but in actuality the bills will be considered for payment as part of a case-closing settlement.  Unaware that the insurance company will not pay your medical bills right away, you find out that your doctor is upset for not being paid for the medical services that were provided.  Even your own automobile insurance company might tell you it will cover your medical expenses but end up questioning the expenses and denying payment.  Worse yet, you may have health insurance but discover that your health insurance policy does not cover all the treatments you need. 

Understandably, many people in this situation give up and forego medical treatment altogether, even though they still need to be treated.  The major disadvantage of choosing this route is that later on the other party's insurance company might argue that you were not injured at all because you did not obtain medical treatment.

• The (Total) Mismatch:  In the end, without an experienced attorney on your side, the insurance company is holding all the cards and you are stuck with the short end of the stick.  It is at this point, when you feel that you are at a significant disadvantage, that the insurance company will catch you in your most vulnerable moment and ask you to consider settling the case.

For a Washington State attorney who represents numerous personal injury victims and who is always on your side, contact the Law Offices of James S. Sorrels today for further assistance or if you need additional information.