Insurance companies have many underhand tactics up their sleeve, one of which is making a low offer very soon after you file the claim. See why it’s prudent to reject this and hold out for more!
When you file a personal injury claim against the party-at-fault, things can go two ways. Most insurance companies try their level best to delay, devalue and avoid the claim. Or you may find yourself lucky and have the insurance adjuster accepting the claim and making a settlement offer immediately. What’s more, you may even find a check for the ‘agreed’ amount in your mail within a few days itself.
But, a car accident lawyer in Los Angeles, California would always suggest that you think twice before cashing in that check! And you would do better not to dismiss this sage advice as a means to gain business from you!
What is actually happening?
Before you count your blessings for the quick settlement, consider this – Doesn’t the insurance company want to save its money and get away with the lowest payout possible?
Indeed, an insurance company will make a quick offer only when it is worried that the actual damages are likely to blow the roof. The insurance adjuster will try to take advantage of your vulnerability and settle the claim before you have time to evaluate the total damage to yourself or your vehicle. So, would you want to come up short when you realize that your lost wages, medical expenses and vehicle repairs pile up to much more than the numbers written on the check?
Even under normal circumstances, insurance adjusters always start off at the lowest point of their scale. They make an initial lowball offer which is not fair even by their own standards. They will be geared to negotiate hard with you or your attorney till the claim reaches a mutually acceptable settlement. You are playing into their hands by accepting the first offer as it closes the door to any claims later on.
Car accidents are almost always complicated legal issues that require the knowledge and experience of a legal professional who understands how to identify negligent actors and pursue them for maximum damages for their clients. Many times the actual insurance company required to provide coverage is the injured victim’s company when they have personal injury protection included on the policy. The same predicament can occur when they carry uninsured and under-insured coverage as well. And, it is never good to be in an adversarial situation with your own insurance company without experienced legal counsel.
California as an “At Fault” State,
While several states use “no fault” insurance formats in settling auto accidents, California is not among those states. Injured accident victims could very well have personal coverage on their policy that is effective immediately while still having legal standing to pursue other negligent parties. Fault is not an issue on a personal insurance protection filing, as this the usual purpose for carrying PIP or uninsured and under-insured coverage when the “at fault” driver is driving non-compliant to state law for auto insurance. In addition, state minimums are very low and rarely adequate. Pursuing damages from a negligent driver can often be a long and frustrating experience, and having a solid and aggressive accident attorney can make a major difference in the overall outcome of an accident injury claim.
Understanding Comparative Negligence in California
Comparative negligence law is the simple idea that all accidents are not obvious with respect to who actually caused the crash. Many times it was the result of negligent acts by several parties. In addition, when those crashes include commercial vehicles, the potential for multiple insurance company involvement is present as well, as each party to the accident will be defending against a claim. One of the primary methods insurance company claims adjusters use is attempting to increase the comparative negligence percentage of injured plaintiffs. This percentage assignment is then used to discount the total amount of damages an injured plaintiff can receive from respondent insurance companies. California uses pure comparative fault law, which means that all drivers who are found 100% at fault will receive some level of personal injury damages when they result, and reducing claims values in general is typical of auto insurance providers.
When anyone in California is in need of a car accident lawyer Los Angeles is clearly the place to begin searching. Los Angeles sees more accidents than practically any other region, and there is an excellent array of auto accident attorneys available for injured victims.
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Los Angeles Accident Attorney Disclaimer: The personal injury legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a Woodland Hills injury attorney for a consultation on your particular personal injury matter. This web site is not intended to solicit clients for matters outside of the state of California.