Understanding Car Insurance Claims

When an accident occurs, the involved parties must report it to their insurance companies. This initiates the claim process. You may feel confident in navigating this process alone; after all, it seems simple – you report the accident, the insurance company investigates, and eventually, they offer a settlement based on their findings.

However, the process is often not this simple. Your claim can be undervalued or even denied by the insurance company. That’s where an expert attorney in Utah steps in. Your attorney will know how to navigate the nuanced language of insurance policies, and they’ll fight to ensure you’re getting the fair compensation you deserve.

The Role of a Personal Injury Attorney

Hiring a personal injury attorney, like those at Hernandez Personal Injury Attorneys, can make all the difference in your claim. They bring their extensive knowledge and experience to the table to help you navigate the insurance claim process.

Your attorney will evaluate your case, giving you a clear understanding of what to expect. They’ll handle communication with the insurance company, negotiate with the insurance adjuster, and work diligently to ensure that your rights are protected throughout the process. This allows you to focus on your recovery without the added stress of battling an insurance company.

Why You Should Hire an Attorney

The primary reason to hire an attorney is to safeguard your interests. Insurance companies are businesses, after all, and their goal is to limit payouts whenever possible. They have a team of lawyers working to protect their bottom line, and you should have the same level of representation.

In addition, having an attorney often results in better compensation. A study by the Insurance Research Council found that, on average, people who hired an attorney received 3.5 times more in settlement money than those who didn’t.

Conclusion

While it’s not a legal requirement to hire a lawyer to file a car insurance claim in Utah, the benefits are clear. With the guidance of expert attorneys in Utah like the Hernandez Personal Injury Attorneys, you can rest assured that your rights are being defended and you’re getting the compensation you deserve. Remember, insurance claims can be complex, but you don’t have to navigate them alone.

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1. I Don’t Need A Lawyer – Saying this could imply that you don’t realize the seriousness of your situation or the potential value of your claim. Even if you do not hire a lawyer, it is important, to be honest with an insurance adjuster and consult an attorney before making any decisions.

2. It Wasn’t My Fault – Admitting fault or accepting blame can be used against you by the insurance adjuster to reduce the amount they are willing to pay out in the settlement. If you believe another person was at fault, do not admit fault; discussing the evidence with a personal injury lawyer will help you present a strong compensation case.

3. I Can’t Remember What Happened – If you are a victim of an incident, it is important to remember the details. Even minor details, such as the time of day, weather conditions, etc., can be used to support your case, so never say that you don’t remember what happened.

4. I Don’t Want To Sue – While this may seem honest, it is important to remember that personal injury cases rarely go to court, and most claims are settled before they even get there. Making this statement could also imply that you do not think you have a valid claim which could work against you if the case does end up in court.

5. I Don’t Care How Much Money I Get – Insurance adjusters are less likely to take you seriously if they believe you do not know the value of your claim. Discussing potential damages with a lawyer before talking to an insurance adjuster will help ensure that you receive fair compensation for your losses.

6. I Don’t Have Any Evidence – Having evidence such as photos and witness statements can be used to strengthen your case. If you don’t have any evidence, tell the insurance adjuster that you plan on collecting some soon, so they know you are serious about pursuing a claim.

7. It Was Just An Accident – Even if an accident was unavoidable, do not refer to it as “just an accident”; this statement implies that the incident was minor and you are unlikely to receive a large settlement if you downplay it.

8. I Am Already Living With The Consequences – An insurance adjuster could use this statement to reduce the amount they are willing to pay out in compensation, as it implies that you have already accepted your losses and will not require additional damages for pain and suffering.

9. I Wasn’t Hurt That Badly – Again, this statement could be used against you as it implies that your injuries were minimal and that you do not need compensation. If your injuries are more severe than initially thought, speak with a lawyer before talking to an insurance adjuster so they can discuss your options.

10. The Other Person Is To Blame – Do not admit fault or assign blame to the other person involved in the incident until you have discussed it with a lawyer and had them analyze the evidence. Doing so could reduce your chances of receiving compensation from their insurance company.

If you have been injured in an accident, it is important to remember that the insurance adjuster works for their employer, not for you! Before speaking with them, consult a personal injury lawyer so they can help ensure that you get fair compensation for your losses. Avoid saying these ten things, as they could risk your chance of receiving a settlement!

As always, contact our team here at The Law Office of Roberto Hernandez for more information on handling an insurance adjuster or discussing your case in full. We are here to help you recover from your injury and get the compensation you deserve!

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What Insurance Companies May Look For

Perhaps you have seen movies or television shows where insurance companies or opposing counsel hire investigators. These people are given the task of determining if the victim of an accident is faking or exaggerating their injuries. This doesn’t just happen on TV, and social media is usually the first place these investigators will begin digging. Below are some items that will be on the look to find on your profiles.

Pictures Taken Out of Context

Let’s say, for example, you post a picture of yourself enjoying a family barbeque. Maybe even a simple picture of you smiling or quickly standing up can be incriminating. They say a picture can say 1,000 words but remember not all of those words are taken within the content. Maybe the photo makes it look like you are standing when you are not. Or perhaps what appears to be a smile are you wincing in pain. Insurance companies won’t always give you the benefit of the doubt, so stay on top of what photos of you are online while your case is active.

Updates Where you Admit Fault

Once family and friends find out you have been in an accident, their first question is usually, “what happened?” The question and your answer are almost always innocent, but your response can hurt your injury case. Take, for example, posting a picture of your totaled car after an accident.
Someone replies on the picture saying, “wow, I’m so sorry, are you Ok? What happened?” To save time and answer more than one person at a time, you provide a status update detailing your recollection of what happened during the accident. Even if you feel the other party is entirely at Fault, how you write your response may not make that apparent. Any doubt or admittance can hurt your case in the future.

Take Time to Talk About It

Your injury attorney can also help provide guidance on best practices for social media while you are injured. It doesn’t hurt to bring it up the next time you speak with a legal professional. This is especially important if you are active on social media, an influencer, or someone continuously scrolling Facebook, Twitter, and Instagram for fun.
Take a minute to explain to family and friends your situation. Ask them to please keep these matters private and not over-share online.

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64,597 car crashes occurred in Utah in 2019. Some of these crashes came to the Ault Firm in search of help and we delivered, letting them know what to expect and guided them through what comes next. If you have been in an accident in Salt Lake County, Utah, contact us for a free consultation.

Insurance Adjuster

An insurance adjuster’s job is to handle all aspects of a car accident claim. They schedule damage inspections and review crash reports and medical records of the injured party; then, they place a monetary value on the claim. One of the first things they do as part of the adjuster’s claim investigation is interviewing the claimant and all other witnesses to the crash.

Requests for a Statement

Before you even get home from the crash scene, you may receive a call from an insurance adjuster. As soon as the insurance company is alerted that one of their insured customers has been involved in a car crash, they assign an insurance adjuster to investigate the claim. In order to keep insurance adjusters from devaluing your claim, we advise you to refuse to answer. Here’s why:

1. The insurer can use your statement against you – If you happen to tell the adjuster that you weren’t injured but later find that you sustained whiplash from the accident (usually suffered after a few hours to days following the accident). They will use this to question your credibility.
2. The insurer will use anything you say to reduce your compensation – If you admit to having looked at your phone for a split second, they will use this to assign part of the fault to you, which in turn, will reduce the compensation for your claim.
3. They may trick you with contradictory questions – An insurance adjuster could ask you the same question but in different ways, making you have to answer differently and create inconsistencies in your claim.

If you have decided to give your insurance adjuster a statement, here are a couple of things you can do to protect yourself and get the compensation that you truly deserve.

1. Do not admit fault/guilt for the crash. 
2. Do not answer any questions you don’t know the answer to.
3. Do not give any information unless it is requested. 
4. Keep your answers brief.
5. Don’t sign anything unless you’ve had an attorney look through it first. 

What Information Do You Have to Provide?

First, the adjuster will ask for your permission to record the phone interview. Then they will ask for simple information such as your full name, address, and date of birth. They will then ask questions covering things such as;

•  the damage to your vehicle,
• the weather conditions during the accident,
• if you had any passengers at the time of the accident,
• drug or alcohol use,
• effectiveness of safety device deployment,
• if you took evasive maneuvers,
• if you sustained any injuries,
• and if you had medical treatment.

At the end, they will ask if you have anything else to say to be put into the record.

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1. Inform your attorney about your medical history, including injuries, addictions, ailments, and illnesses

Insurance companies share information and can track every claim you’ve ever made. Pre-existing medical conditions will be revealed. Tell your attorney about past problems upfront, or insurers may argue that your injuries stem from earlier (or later) medical issues.

2. Keep your records for all out-of-pocket medical expenses and lost income.

• You are entitled to copies of your medical records. Collect copies of everything, including prescriptions, bills, and receipts for medicines taken.
• Save all bills relating to your claim (hospital expenses, medicines, therapy, appliances, home aides – anything relevant to your recovery). Pay bills by check or credit card. If you must pay by other means, demand complete receipts with bill headings.
• Keep a complete record of all lost wages. Working with your attorney, you can ask for a statement from your employer outlining time lost, rate of pay, hours worked weekly, and any relevant losses suffered. Keep copies of your paycheck, stubs, payslips, and time cards.

3. Take notes – lots of them.

If your attorney asks for them, these notes will later help illustrate how your life has changed because of the incident. Your attorney may (or may not) ask you to keep a daily record for him or her of your physical and emotional experiences after the incident, even if they seem uninteresting. Those might describe what you do when you get up in the morning, what type of effort you put into your job, and what non-work activities you do. Describe all changes in your work, personal, and family life. Include notes about medical treatments, medications, hospitalizations, symptoms, setbacks, and inconveniences.

4. Don’t talk. Don’t sign.

• Do not discuss your case with anyone – not even your family, friends, boss, or those responsible for the injury. Never speak to the other party’s attorneys or insurer! Conversations can be recorded and used against you; the adverse party may photograph or videotape you at any time. Speak about your case only with your attorney.
• Do not sign any documents without your attorney’s consent. If you get any letters from anyone connected with your case, send copies of them to your attorney immediately. Keep your original.
• Consult your attorney before making a report to your own insurance company. Familiarize yourself with the details of your policy.

5. Don’t throw any evidence away – it might be important

Keep anything that might be linked to your cases, such as clothing, photos, defective parts/machinery, or foreign substances involved in your injury. Save medicine bottles and physical therapy devices. Take photographs of all motor vehicles, appliances, and so forth that may be connected (directly or indirectly) with your injury incident.

Following these tips after an injury incident, you stand a much better chance of receiving a fairer insurance settlement.

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According to InsuranceJournal.com, in 2015, roughly 13% of the drivers on US roads do not have insurance despite the preceding. Uninsured drivers equate to approximately one out of every eight vehicles. That is a troubling statistic. What happens if you are one of the unfortunate auto accident victims hit by a driver who does not have insurance? If you are injured by an uninsured driver and are at fault for the accident, your recourse will be to claim your uninsured policy. If you do not have this coverage, you will be responsible for addressing the costs without recourse against an automobile insurance company. 

Understanding Uninsured Motorist Accidents

What exactly is an uninsured policy, or rather uninsured motorist coverage (UM)? This is a specific portion of your system that comes into play when you are hit by a driver who does not have insurance. This policy will also be utilized if a hit and run driver injures you. Uninsured policies can address medical bills, pain, and suffering, funeral costs, and lost income. However, if you are to make an insured claim, this can impact (and most likely will) your insurance premiums. After all, even though the accident is not your fault, you are claiming your own insurance company.   

What can you do About a Car Crash?

Utah law does not require you to carry uninsured motorist coverage. That said, if you are injured and need assistance, you will be grateful you can make an uninsured claim. It is your protection against those individuals who do not have insurance coverage. Be sure to communicate with your insurance agent that you want uninsured (and on a different topic, underinsured) motorist coverage. Many people will waive their uninsured and underinsured motorist coverage in an attempt to save a little bit of money. As an added layer of protection, Utah law requires that a waiver of these policies be done in writing.   

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As your home will most likely be the largest investment of your lifetime, be sure to safeguard it as much as you can. A careful review of your homeowner’s policy will outline areas of coverage – as well as items that are not covered. If you have questions, you can meet with your insurance agent or even have your policy reviewed by a professional such as your attorney. 

Homeowner’s Insurance Policy

In proactively addressing issues, thoroughly review your homeowner’s policy to confirm what specific damage types are covered. Often, you have to include additional riders, or a separate insurance policy, to safeguard against possible damage and destruction to your home. A standard insurance policy typically does not cover damage to your home from an earthquake, flood, smoke, or general wear and tear. Homeowner’s policies also may not cover damage from rodents, pests, or insects such as termites. Believe it or not, termites do exist in Utah.

A typical home insurance policy will include the dwelling, loss of use of the dwelling, other structures (such as a shed or separate parking structure), personal liability, and personal property coverages. Most policies will also cover some common dangers: burglary, explosion, fire, hailstorms, vandalism, and windstorms. If you do have a separate structure on your property, be sure to let your insurance agent know ahead of time that you have a shed, gazebo, or even a luxury doghouse so your policy can address it. 

Other Liability Concerns

In discussing what your homeowner’s policy may not cover, you may be surprised to learn that your homeowner’s policy will most likely cover some things you would not expect. This includes a dog bite and a lawsuit if someone is injured at your home or on your premises. Your insurance policy may also provide for a hotel or lodging if you have to relocate while repairs are being made to your dwelling. Another significant area of coverage that is probably provided is identity theft. This is invaluable in today’s environment, as all of us could be subject to this scary notion.

The declaration page of your homeowner’s policy will highlight what is covered and what is not, as well as the limits and deductibles. Understand, though; this is not a substitute for a comprehensive read of your policy.  

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