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How Insurers May Try to Prove You Were at Fault for a Car Accident

Posted on behalf of Arnold Law Firm in
taking pictures of damaged car bumperCar insurance companies are not on your side after an accident, no matter what you hear in TV commercials. They may try to claim you were at fault, or at least partially at fault, because of something you did or did not do before the crash. Below, learn more about how insurance companies may try to blame you for the accident. If you have been injured in an accident, discuss this issue with one of our experienced auto accident attorneys. We may be able to represent you in your claim to fight for maximum compensation. The consultation is free, and you do not pay attorney fees unless we obtain compensation on your behalf.

Attacking Your Character

Many insurance company representatives act like your friend during the claims process to encourage you to let your guard down and potentially say something that could hurt your claim. Later, they may become more aggressive and attack your character, particularly if your case goes to trial. Insurance adjusters may allege that you made errors that contributed to the collision, such as:
  • You had been drinking if you mentioned leaving a friend’s home or restaurant before the accident.
  • You were on drugs or under the influence of medication before driving.
  • You failed to maintain your vehicle properly.
  • You were texting, talking on the phone or distracted when the crash happened.

Asking Certain Questions

Insurance company representatives often ask certain questions that make it easy to say something damaging to your claim. It is important to be careful when talking to them, and state only factual information. Generally, it is better to allow your attorney to handle communication with the insurance company to help protect your claim. Some leading questions insurance company representatives may ask include:
  • Why were you at that intersection so late at night?
  • When did you last have your car serviced?
  • Have you been in an accident before?
  • Do you always come to a complete stop at stop signs?
  • How long have you been driving?

Claiming You Have a Pre-Existing Condition

Insurance company representatives may also claim that you were not injured in the crash. They may blame your injuries on a pre-existing condition caused by a previous accident, workplace accident or an existing health problem like degenerative joint disease or arthritis. However, even if you have an old injury, you may still be able to obtain compensation. You would need to prove you suffered an unrelated injury in the accident or the accident caused your existing medical issues to get worse.

Why You Should Not Sign a Medical Release

Insurance companies want to know your medical history so they can find a pre-existing injury they can use as a reason to deny your claim. They may try to sneak in a medical release form when having you complete other insurance forms. These medical release forms may go back several years and reveal medical information that had nothing to do with the accident. This is why it is generally a good idea not to sign any medical release or talk about a past injury before discussing it with your attorney.

Call The Arnold Law Firm Today

If you were injured in a car accident and believe that the insurance company is trying to blame you for the accident, it is critical that you have qualified legal assistance in your corner. The auto accident attorneys at the Arnold Law Firm know the tactics insurance companies may try to use to unfairly reduce your claim. If you have a case, we are prepared to fight for maximum compensation and handle all communications with the insurance company.

Call our firm today at (916) 777-7777.

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.