How Can I Effectively Negotiate With My Insurance Company After an Accident?

How can I effectively negotiate with my insurance company after an accident? To effectively negotiate with an insurance company after a car accident, you need to provide as much evidence and data as possible to build your case. 

This will include demonstrating economic and non-economic losses, proving negligence, and having a New Orleans car accident lawyer present. Insurance companies will require significant evidence before agreeing to any compensation. There are several ways you can build a stronger case and have more negotiating power as a result of doing so.

Ensure a Police Report is Produced

If you are in an accident, call 911 and have the police arrive at the scene to gather all evidence available. A police report completed at the scene of the accident will contain a great deal of information and is hard for the insurance company to disprove.

Some of the data from a police report that can be helpful to you includes:

• The conditions of the road and the surrounding area
• The name of the driver behind the wheel
• Evidence from the scene, including photos and video from the location
• Statements obtained by both parties right after the accident
• Statements from the witnesses at the scene
• Information about the type of injuries observed at the location
• Any evidence police found that demonstrates fault, such as blood alcohol level testing, evidence of distraction in the vehicle, or use of a phone behind the wheel

All of this becomes valuable evidence that can help you show who is at fault and that your injuries stem from the accident. To negotiate with the insurance company, every detail from this police report will help to build your case, as long as it validates the claims you have. 

Compelling Medical Records

To prove losses, you will need to provide the insurance company with evidence of what your medical losses are. This means more than just telling the insurance company that you suffered a broken bone.

You will need to show medical records and documentation to support your claims. Some examples of evidence that may help to do this include the following:

• Emergency medical reports from the ambulance and medical team at the emergency room
• Hospital records indicating your injuries, as well as the types of treatments provided
• Documentation showing permanent injury and damage
• Medical insight from experts to show what complications exist
• Documentation showing you followed all medical recommendations, including treatment and rehabilitation
• Expert documentation from medical witnesses demonstrating the severity of your injuries and losses

Medical records can be challenging because many people want to preserve their privacy. Your attorney will work with you to ensure only what is necessary gets turned over to the insurance company for their decisions. In addition, your lawyer will prevent the insurance company from making unfounded claims.

Do Not Settle Fast or with the First Offer

Nearly every situation in which the insurance company comes to you with a settlement will be undervalued. The insurance company is a for-profit organization, and, as such, it needs to protect its profits by settling with you at the lowest possible rate. If you accept the first settlement offer, they will likely save money.

Instead, work with your attorney to demonstrate why their claim is invalid or too low. This may include verifying any disputed information with additional evidence.

Your attorney may recommend bringing in additional medical experts to testify on your behalf. They may also work with the insurance company to clarify any omissions in the settlement.

Every case is vastly different, but no matter how nice the insurance company seems, its objective is to limit the amount of compensation it pays you. Presenting a clear, evidence-based claim is much more challenging.

Your attorney will have insight into how to help you with this process and make sure you do not miss the statute of limitations (RS 23:1209) timeline requirements for seeking compensation.

Push Back on Claims About Preexisting Conditions

One of the most common concerns associated with denials of compensation is a claim that your injuries stem from preexisting conditions.

For example, if you suffered a back injury in a rear-end collision, but had back injuries in the past, the insurance company may believe those previous injuries are a contributing factor. In situations like this, your attorney will help you:

• Clearly present any pre-existing conditions as appropriate with your initial claim
• Clarify with the insurance company the difference between old and new injuries
• Provide medical expertise to verify the difference in your injuries

You can expect this to complicate the case, but it should not limit you if you have enough evidence to negotiate your claim fully. Your attorney will pursue any avenues possible to minimize such risks. That can take some time, but their experience will help you recover damages fairly.

Keep All of Your Documentation

Another way to negotiate effectively with your insurance company after a car accident is to maintain accurate documentation of all your losses from the moment of the accident through the demand letter.

The more accurate you are, the more challenging it is for the insurance company to limit your compensation recovery. That means, when possible, you should keep a journal digitally or even on paper of all:

• Out-of-pocket costs
• Missed time at work
• Missed benefits or bonuses you would receive
• All missed appointments or opportunities due to your injuries
• All claims made by the hospital and medical providers on your behalf
• Impact on mental health and well-being
• Impact on your family and friends who help you

All of these details can play a critical role in building your case. With a timestamped log you keep on an ongoing basis, you will have a better chance of accurately recovering your losses. Browse our case results archive to see how we have helped others like you.

Working with an Attorney Can Be Critical

In nearly all situations, hiring a car accident lawyer can make a substantial difference in negotiating with your insurance company after a car accident. Your lawyer will bring medical experts, accident reconstruction specialists, and numerous other resources to build your case. 

Your attorney’s knowledge, reputation, and overall understanding of insurance company dynamics can make a big difference. Call Scott Vicknair Injury Lawyers to schedule a free consultation today.