Being involved in a motor vehicle accident resulting from the negligence of another party can be a frustrating experience. It can also be a costly one.
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Luckily, if you’re involved in a collision in Massachusetts, your own insurer is responsible for compensating you after an accident. Massachusetts uses the no-fault system, meaning you would file a claim with your own insurance company after a collision, even if someone else caused it.
The compensation your insurer provides is meant to help you with medical bills, lost wages, and other such losses resulting from a collision. However, while they may technically be your insurer, that doesn’t mean the insurance company is inclined or incentivized to offer you the full amount of compensation for which you may be eligible.
In addition, there are instances when it’s possible to step outside of the no-fault system in Massachusetts. You could file a separate claim or lawsuit with the insurance of the negligent party who caused your accident if your injuries are particularly severe. An attorney can explain to you whether your injuries and losses meet the criteria necessary to justify filing a separate claim against a third party.
The main point to understand is that seeking compensation after a motor vehicle accident will involve negotiating with an insurance company. It’s thus important to understand how insurance companies may trick claimants in an attempt to settle their cases for as little as possible.
Common tricks insurers use include:
Catching a Claimant Making Contradictory Statements
You must be very cautious when speaking with an insurance adjuster. For instance, the adjuster may ask you how you’re doing when starting out the conversation.
Don’t say anything common like “I’m fine” or “I’m doing well.” The adjuster might then cite these statements as evidence that your injuries aren’t as severe as you claim.
Suggesting a Claimant Isn’t Covered
Some insurance adjusters simply trick claimants by stating their policies don’t cover their accidents. An insurance adjuster using this trick on you might assume you won’t bother to read through your policy’s terms to find out if they’re telling the truth.
Misrepresenting Social Media Posts
It’s best to stay off social media when seeking compensation after an accident. An adjuster could take content you’ve posted and twist it to fit their aims.
Maybe you’ve posted pictures of yourself and others participating in a beach vacation. The insurance company might use these pictures as evidence showing your injuries aren’t severe because you’re well enough to take a trip.
Luckily, if you’re involved in a collision in Massachusetts, your own insurer is responsible for compensating you after an accident.
Delaying
One of the simplest ways insurance companies avoid paying claimants is by delaying. The longer it takes for an insurance adjuster to make progress on your case, the more willing you might be to accept an unreasonably low offer.
Giving False Medical Perspectives
It may seem difficult to imagine an insurance adjuster being brazen enough to give medical advice, but sometimes they do offer their own medical perspectives. An adjuster might do so in the hopes of subtly convincing a claimant their injuries aren’t very severe.
Asking for Medical Records
Submitting medical records is often key to submitting a thorough claim. However, it’s wise to consult with an attorney before offering up your medical records the moment an insurance adjuster asks for them. The insurer is likely going to look for details they can cite to justify offering less compensation than you may be seeking.
Suggesting You Caused the Accident
An insurance adjuster is always listening carefully to a claimant’s words when speaking with them. The more you talk with an adjuster, the more they may try to convince you to say something (or at least agree with a statement of theirs) indicating you’re responsible for the collision.
Asking You to Record a Statement
You do not have to record a statement if an insurance adjuster requests that you do. It’s generally best to avoid providing recorded statements to the insurance company.
Suggesting the First Offer is the Insurance Company’s Best Offer
Insurance adjusters know some claimants are eager to accept their first offers. A claimant with mounting medical debt may feel they need to accept an offer before it’s “off the table.”
Don’t fall for this trick. Often, an insurance company’s first offer is actually a lowball offer.
Acting Like Your Friend
Insurance adjusters learn to come across as friendly and compassionate. While they may very well be, when acting as employees of the insurance company, their job is to minimize financial losses for their employers. Remember this whenever an adjuster tries to convince you they’re on your side.
At Swartz & Swartz, P.C.m our Boston car accident lawyers are thoroughly familiar with the tricks insurance adjusters use to convince victims to settle for less. One way to give yourself a significant advantage when negotiating with an insurer is to hire an experienced lawyer to represent you throughout the process. For more information about what we can do for you, contact us online or call us at (617) 742-1900 to schedule your 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.
About the Author: James Swartz
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