Being hurt in a car accident can be a costly experience. If you sustain injuries, you will likely require unexpected medical treatment. Paying for treatment you hadn’t anticipated is always a challenge. It may be particularly difficult if you can’t work and earn an income until fully recovering from your injuries.

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Luckily, Massachusetts is a no-fault car accident state. That means you don’t need to prove negligence to secure compensation for your medical bills and other such losses after a crash. You can file a claim with your own insurance for compensation, even if someone else caused your accident.

Your insurance policy’s coverage might not be sufficient to thoroughly compensate you for your losses. You may be able to file an additional claim with the insurance of the negligent driver who caused your wreck if you can show your injuries are severe enough to meet the “serious injury” criteria established under Massachusetts law.

Regardless, seeking compensation after a car accident will involve working with an insurance company. Whether they’re your own insurer or the insurer of a negligent driver, the insurance company’s goal is usually to settle your case for as little money as possible.

In particular, insurance adjusters and companies representing the interests of the at-fault driver who caused your injuries may apply a range of tricks to convince you to settle for less than you deserve. They include the following:

Pretending to Be On Your Side

An insurance adjuster for the negligent driver will probably communicate with you in a gentle and compassionate manner after an accident. In all fairness, they may be a decent person who cares for others in their personal life. In their professional life, however, their job is to minimize the amount of money their employer pays to claimants like yourself.

If an insurance adjuster convinces you they’re on your side, you may let your guard down when speaking with them. For example, maybe an adjuster calls you up and asks how you’re feeling at the start of the conversation. You might say you’re fine, as this is a normal reaction to such a question, even when it’s not necessarily true. An insurer could use this seemingly innocent statement to suggest your injuries aren’t very severe.

Pressuring You

You don’t have to accept an insurance company’s first settlement offer. Perhaps you already know this. Nevertheless, an insurer might pressure you to accept an offer before you have a chance to review it, potentially making you feel they’ll rescind the offer if you don’t accept it promptly.

Don’t cave to pressure. You have the right to consider an offer and negotiate for a more appropriate settlement if you believe an insurer is lowballing you.

In particular, insurance adjusters and companies representing the interests of the at-fault driver who caused your injuries may apply a range of tricks to convince you to settle for less than you deserve.

Not Explaining the Full Nature of Coverage

Thoroughly understanding your insurance policy may require sifting through lengthy documents and paying close attention to precise language. It’s not uncommon for someone in your position to be somewhat unfamiliar with their full coverage.

Insurers know this. An insurance adjuster probably won’t lie to you about your coverage. However, they also might refrain from sharing information that you could otherwise use to justify seeking more compensation than the insurance company is offering.

Asking You to Record a Statement

Don’t make the mistake of giving a recorded or written statement to an insurance adjuster for the at-fault driver. You are under no obligation to provide such a statement just because an insurance company requests one.

This highlights an important general point to be aware of. Many people seeking compensation after motor vehicle accidents feel the insurance company is the gatekeeper between themselves and the compensation they need. As such, they feel they need to thoroughly cooperate with the insurance company to avoid losing out on money to cover their losses.

You don’t need to comply with every request of the insurance company when you file a claim. Unfortunately, insurers know many in your position don’t fully understand their rights.

The Importance of Legal Representation

Navigating discussions with insurers after a motor vehicle crash isn’t a task you need to handle on your own. After your accident, you may need to prioritize your health. Speaking with insurers is an additional burden that can prevent you from focusing on your recovery.

Consider enlisting the help of an attorney instead. At Swartz & Swartz, P.C., our Boston car accident lawyers know the tricks insurance companies use to convince claimants like yourself to settle for less than they deserve. With our help, you can be confident an attorney committed to protecting your rights is handling all correspondence and negotiations with the insurance company. Learn more about how we may help by contacting us online or calling us at (617) 742-1900 today to schedule a free consultation.

Need Help?

If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.

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About the Author: James Swartz
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Mr. Swartz, our Managing and Principal Attorney at Swartz & Swartz P.C., is a nationally recognized and respected trial attorney as well as consumer advocate. His practice focuses on cases involving negligence, torts, products liability, medical malpractice, wrongful death, and other claims involving catastrophic injuries.

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