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How Insurance Companies Fight Your Claim

Posted on behalf of Arnold Law Firm in ,

The Complete Guide on How Insurance Companies Fight Your California Personal Injury Claim

Injured woman with questions about insuranceWhen you’re dealing with a personal injury in California, the last thing you want is to be taken advantage of by an insurance company. These companies, much like any other for-profit business, are driven by their bottom line. The harsh reality is that while they may advertise themselves as “good neighbors” or “in good hands,” their primary goal is to maximize income and minimize expenses. This often puts personal injury claimants at a disadvantage. This is where the expertise of The Arnold Law Firm becomes invaluable. Understanding the Basics: Ordinary vs. Third-Party Claims In the world of insurance claims, there are two primary types: ordinary and third-party claims. In an ordinary insurance claim, you are filing against the insurance policy you personally purchased. This is typical in scenarios like property damage claims. However, in a third-party claim, which is common in car accidents, you are filing against the at-fault party’s insurance policy. Regardless of the type, the insurance company is obligated to pay your claim if it is valid. Yet, they often employ tactics to undervalue or deny your claim, making it crucial to have a skilled legal team like The Arnold Law Firm on your side. 4 Hidden Limitations: What Affects the Value of Your Claim? Various factors influence the potential value of your personal injury claim. Understanding these can help you set realistic expectations and prepare for the potential challenges ahead.
  • Comparative Negligence
California operates under a comparative negligence system, which means that if you are partially at fault for the accident, your compensation will be reduced proportionally. For instance, if you are found to be 20% at fault, your compensation will be reduced by 20%. This can significantly impact the amount you receive and underscores the importance of having a lawyer who can advocate for you effectively.
  • Insurance Policy Limitations
Every insurance policy has a maximum payout limit. No matter how strong your claim is, the policy will not pay out more than this limit. For example, if the policy limit is $50,000, that is the most you can receive. In some cases, if an insurance company is acting in bad faith, it might be possible to pursue additional compensation through a bad faith claim, something that The Arnold Law Firm can assist you with.
  • The Persuasiveness of Your Evidence
The strength of your evidence plays a critical role in the outcome of your claim. The more compelling your evidence, the higher the likelihood of a favorable settlement. Conversely, if your evidence is weak, the insurance company may offer a lower settlement, assuming that you are less likely to win in court. This is why meticulous documentation and legal expertise are essential.
  • Your Negotiating Skills
Negotiating with insurance adjusters can be a daunting task, especially if you’re not familiar with the tactics they employ. Insurance adjusters are trained to minimize payouts, so having a skilled negotiator, like those at The Arnold Law Firm, can make a significant difference in the outcome of your claim. 10 Tactics Insurance Adjusters Use to Undermine Your Claim Insurance adjusters have a well-worn playbook of tactics designed to reduce the amount they pay out on claims. Here are ten common strategies they use:
  1. Lowball Offers: They may offer you a settlement that is far below the actual value of your claim, hoping you’ll accept out of desperation, especially if you’re still recovering from your injuries.
  2. Delaying Tactics: By delaying the process, they hope to push you closer to the statute of limitations, pressuring you to settle for less than you deserve.
  3. Discouraging Legal Representation: They might tell you you don’t need a lawyer, but this advice is self-serving. In reality, having a lawyer significantly increases your chances of receiving fair compensation.
  4. Questioning Expenses: Insurance companies may challenge the necessity and reasonableness of your medical expenses, aiming to reduce the payout.
  5. Surveillance: They may monitor your social media or even hire private investigators to find evidence that your injuries are less severe than claimed.
  6. Fishing for Pre-Existing Conditions: They will scrutinize your medical history for any prior injuries or conditions that they can blame for your current situation, thereby reducing their liability.
  7. Using Your Words Against You: Casual conversations can be twisted and used against you. For example, a simple “I’m fine” can be interpreted as an admission that your injuries are not serious.
  8. Comparative Negligence Exploitation: Adjusters may try to shift more of the blame onto you to reduce the amount they have to pay.
  9. Misinterpreting Policy Language: Insurance policies are often written in complex legal language. Adjusters may use this to confuse you and minimize your claim. However, with The Arnold Law Firm, you have a team that speaks their language and can protect your interests.
  10. Devaluing Non-Economic Damages: Pain and suffering, emotional distress, and other non-economic damages are subjective and difficult to quantify. Adjusters may downplay these to minimize the settlement.
Fighting Back: The Role of a Strong Legal Team When faced with these tactics, the best course of action is to hire an experienced personal injury attorney. At The Arnold Law Firm, we have a track record of holding insurance companies accountable and ensuring our clients receive the compensation they deserve. Our involvement often results in a noticeable shift in the insurance company’s approach, leading to more favorable out-of-court settlements. Going on the Offensive: Insurance Bad Faith Claims In cases where an insurance company’s conduct is particularly egregious, you may have grounds to file an insurance bad faith claim. This type of claim can result in significant compensation, including economic damages, emotional distress, and potentially even punitive damages. These claims are complex and require a thorough understanding of insurance law, something that The Arnold Law Firm excels in. Conclusion: Why You Need The Arnold Law Firm Dealing with an insurance company after a personal injury can be overwhelming and stressful. The Arnold Law Firm is here to support you every step of the way, ensuring you are not taken advantage of and receive the full compensation you are entitled to. Our experienced team of attorneys will handle the negotiations, gather evidence, and fight on your behalf so you can focus on your recovery.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.