After a car accident, an adjuster for the insurance company may contact you in the days following the crash. These adjusters act very friendly, and will likely tell you that they want to do the right thing and provide you with the compensation you need for your medical bills, lost income, and other losses. They may even offer you a settlement.
Insurance adjusters have one job, and that is to try and settle your claim for as little as possible to save the company money. Due to this, the first settlement they offer will not be enough to fully cover your losses. Below, one of our Riverside car accident lawyers explains in greater detail why you should never accept the insurance company’s first offer.
You Do Not Have a Full Understanding of Your Injuries
In the days following an accident, you likely do not have a full understanding of your injuries.
Depending on the nature of your injuries, you may require months, or even years, of rehabilitation and treatment. It is important that you obtain a full diagnosis and prognosis before accepting any settlement offer. This is the only way to know how much your injuries will cost so you can ensure you receive a settlement that will fully cover them.
The Settlement May Not Account for Non-Economic Damages
There are many different types of damages you may be entitled to after a car accident. You may be able to calculate your medical expenses, lost income, and the cost of repairing or replacing your vehicle. These are known as economic damages, and they are indeed fairly easy to calculate because they have an actual dollar value. However, you may be entitled to non-economic damages, as well.
Non-economic damages include the losses you have suffered that do not have an actual dollar value.
Pain and suffering and loss of enjoyment of life are just two of these. You may not know that you are entitled to compensation for these damages, even though they are still losses you suffered. Even if you are aware that you can be compensated for non-economic damages, they are not as easy to calculate. You should never accept a settlement until you have spoken to a Riverside car accident lawyer who can advise you on your case and accurately value your claim so your settlement accounts for all of your damages.
You May Not Have Legal Representation
You are not required to work with an attorney when filing a car accident claim, however, it is very important that you do. Studies have shown that car accident victims who have legal representation receive three times more compensation than those who do not work with an attorney. An attorney can provide the legal advice you need following a crash, and ensure your rights are protected so you obtain the fair damages you deserve. An attorney can also review the insurance company’s first settlement offer and make a counteroffer. Your lawyer will then negotiate aggressively on your behalf until a fair settlement agreement is reached.
Unfair Pressure
The insurance company will place an enormous amount of pressure on you to accept a California car accident settlement quickly. They do this to take advantage of the vulnerable emotional and financial state you are in during the first few days or weeks after a crash. They may tell you that the statute of limitations, or time limit, is running on your claim, or that they will not make another offer if you turn down the initial settlement offer. Neither of these statements are true.
While you do only have a certain amount of time to file your claim, the statute of limitations in California is two years from the date of the accident. While it is important to speak to a lawyer as quickly as possible, you do have time to obtain medical treatment and negotiate with the insurer for a fair settlement. Additionally, if the insurer refuses to negotiate with your attorney, they are acting in bad faith, and you can file a lawsuit against them.
Shifting the Blame
Insurance companies use the comparative negligence law in California to shield themselves from paying full damages. Under this law, any damages you receive after a car accident can be reduced if you contributed to the crash. Insurance companies often shift the blame to accident victims even when they were completely innocent and were in no way at fault for the crash. They may even take your own words out of context to show that you are to blame.
For example, if you apologize that the accident even happened, they will argue that you accepted the blame. A lawyer can refute these arguments, so it is critical that you speak to an attorney before accepting the first California car accident settlement.
Call Our Car Accident Lawyers in Riverside First
After any car accident, you need legal advice. Our California car accident lawyers at The JLF Firm can provide it and negotiate with the insurer for the full and fair settlement that is rightfully yours.
Contact us to schedule a free consultation and to learn more about how we can help.