Avoid these 6 common mistakes at all costs while pursuing your car accident injury claim.
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- Prudence Mathews
- 8 years ago
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1 Avoid these 6 common mistakes at all costs while pursuing your car accident injury claim. The at-fault driver s insurance company may seem pleasant and reasonable, but make no mistake about it they are paid to delay, limit and even defeat your claim for compensation. They have their own team of legal experts advising their every move. You have a legal right to be financially restored for all of the harms and losses you suffered in an accident caused by the careless and reckless actions of another. Don t settle for anything less than full and fair compensation. Don t delay your care. How long has it been since you were last treated for injuries resulting from your car accident? This may not seem like an important question, but any delay in your medical treatment can sink your injury claim with the insurance company. The insurance company s team of legal experts will argue that your lack of medical treatment proves that you were not seriously injured in the collision. Seek immediate medical attention following the accident! Sometimes the shock of a collision fills our bodies with adrenaline, causing us to overlook serious pain and injuries. In addition to seeking immediate medical attention, make sure that you are following up with any ongoing treatment recommendations until your doctor has released you from his/her care. It is important that you recover as completely as possible before you ask for compensation because you have only one chance to financially recover from the accident. 1
2 Don t give a recorded statement. One of the first things an insurance company is going to do when you file an injury claim is ask you to give a recorded statement about the accident. Very few people know that you have a right to refuse to participate in a recorded statement with the defendant s insurance company. The adjuster will eagerly try to get you to sign off on facts in your case that can limit or even entirely defeat your claim for compensation. Avoid giving a recorded statement at all costs. If you haven t already, you should take advantage of a free consultation with a personal injury lawyer who specializes in car accident litigation. This will allow you to learn more about your legal rights and help you determine the best way to proceed with your injury claim. If you decide you don t want your own legal representation after your free consultation, insist on corresponding in writing with the at-fault driver s insurance company moving forward. This will ensure that you have complete control over everything you say and limit situations in which the adjuster can catch you off guard. Don t sign a medical release. The at-fault driver s insurance company will do everything in their power to get you to sign a release that allows the company to collect your medical records. They are looking for past injuries and past care that can help them weaken your claim to compensation. When speaking with the insurance company, they will make you believe this is standard procedure and required to process your claim. Most people do not know that they are not legally obligated to sign a medical release with the at-fault driver s insurance company. Do not sign a medical release at all costs. If the insurance company is pressuring you to sign a medical release form and not taking no for an answer, call an experienced car accident attorney. Most personal injury lawyers will speak with you about your case and your legal rights for free. Take this opportunity to learn about your legal options and ask about the best way to navigate the medical release request by the at-fault insurance company. Don t wait for the at-fault driver s insurance company to accept liability before you seek additional care. Many people make the mistake of waiting for the defendant s insurance company to accept liability before they seek additional care. Don t wait. The claims process is very slow and the insurance company will likely deny your claim altogether. Use your own health insurance to seek care 2
3 because it is more important at this point in your claim to receive regular and consistent medical care. Even if the at-fault driver s insurance company does accept liability for the accident, it will not pay your medical bills until your case is settled. Sometimes you don t have the option of using your own health insurance due to a lack of coverage. If you are injured in an accident and do not have health insurance, consult with a car accident lawyer as soon as possible. Your lawyer can help you negotiate medical care on a lien basis. This means that a medical care provider may agree to be paid out of the compensation you receive at the end of your case. It is still important that you seek emergency medical attention as soon as possible following the accident. Don t accept any money from the insurance company before you have finished treatment. You have only one chance to financially recover from your car accident. If you accept money before you have fully recovered, you cannot go back to the insurance company and ask for additional financial restitution. Believe it or not, the insurance company may even send you an unsolicited check for your settlement before you even agree to a settlement amount. Do not cash that check or you will essentially be agreeing to settle your case for that amount. Do not cash the check. In fact, send the check back with a letter stating that you unequivocally do not accept their unsolicited offer. Keep a copy of all correspondence with the insurance company, including this check and letter. If the insurance company is pressuring you to settle your case before you are done receiving medical treatment, call a car accident lawyer. Many attorneys will be happy to advise you on a fair settlement offer and some will even agree to take your case and not collect a fee on the amount you have already been offered essentially meaning that their fee will only be collected from the portion of your settlement that they were able to successfully negotiate on their own. Don t discuss your accident on social media. Although it may feel harmless to update your family and friends about your accident via your favorite social media sites like Facebook or Twitter, don t do it. The insurance company s legal team will investigate your claim which will also include a thorough look at your social media accounts. If you share anything that can be taken out of context and harm your claim for compensation, the insurance company will use it against you. Change all of your Facebook privacy settings to keep the insurance company s prying eyes off of your posts. We still strongly recommend that you do not share anything about your accident, 3
4 even if you have the most extreme of privacy settings in place. Investigators have been known to friend accident victims in order to gain access to their private posts. Beware and be cautious. We realize that all of this can seem very daunting. If you feel pressured or intimidated by an insurance company, we strongly suggest that you speak with a personal injury lawyer so that you can feel completely comfortable and confident with your legal options. Most personal injury lawyers will speak with you for free. This material is not offered, nor should be construed, as legal advice. Communication of information by or through this report and your receipt or use of such information is not intended to create an attorney-client relationship with Cantor & Burger or any of the firm's attorneys. The creation of the attorney-client relationship would require direct, personal contact between you and our firm through one or more attorneys and would also require an explicit agreement by the firm that confirms that an attorney-client relationship is established and the terms of that relationship. You should not act or rely upon information contained in these materials without specifically seeking professional legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements. 4
5 Dear friend, In our more than 15 years of being in business and over 40 years of combined legal experience, we have had the honor of working with thousands of clients who found themselves in the same situation that you find yourself in today. We hope that the information shared with you in this report will help you avoid some serious mistakes that can wreck your injury claim. This information should be used for educational purposes and does not cover the full scope and complexities of car accident litigation. Most experienced car accident lawyers will happily speak with you for free about your injury claim. Take advantage of a free consultation offer to have your legal questions answered. There is a reason insurance industry studies show that accident victims who work with an attorney receive settlements that are 3 ½ times larger on average compared to those who don t. Insurance companies have legal teams of their own, yet don t want you to hire your own legal representation. It will be well worth your time to explore your legal options and the merits of your injury claim. As always, if you have any questions about your car accident, we are here to help. Feel free to get in touch with us via phone, through our website or drop by our office. Warm regards, Mark and Gary Cantor & Burger Olive Blvd St. Louis, MO (314)
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