Mistakes people make dealing with insurers after an accident

by | General, NSW, QLD

If you or someone else is injured in a car accident, you need to seek medical attention immediately. Then you might want to call the insurer and tell them what has happened.

But before you do that, make sure you have all the right information. What you say to the insurer at this time could affect whether you get the compensation you’re entitled to. 

Car accident claims can be more complex than they first appear, and it’s common for people to make mistakes with insurers that influence their right to compensation. Find out how to avoid these common mistakes.

Common issues when dealing with insurance companies:

Apologising or admitting fault

After a car accident, you may feel like you should apologise or explain yourself. Unfortunately, insurers can interpret these statements as you admitting fault. This could prevent you getting compensation. 

Even if you believe you partly caused the accident, just keep to the facts about what happened. The insurers and police will figure out who is at fault.

Exaggerating or lying to the insurer

After an accident, the insurer will investigate what occurred. They will go through all the available evidence, including police reports, witness statements and camera footage.

If they discover that you have exaggerated the extent of your injury or the other party’s responsibility for the accident, they could use it to deny any liability, reduce your settlement or deny you any settlement at all. 

It’s also illegal to make a false or misleading statement to an insurer. So, when you deal with an insurer, always stick to the facts. 

Accepting the first settlement offer

The insurer’s job is to reduce their liability as much as possible. So they might offer a quick settlement that is actually much lower than what you’re entitled to.

While it’s tempting to accept the first offer and move on, you should reconsider. Some car accident injuries take time to settle and can end up being much worse than first thought. This means you might be eligible for more compensation. Your healthcare professional will assess the full extent of your damages and provide a report for the insurer.

Taking the first offer means you may lose your right to appeal if you find out later that the amount won’t cover your injuries.

Ultimately, the insurance company’s job is to save money, not work in your best interests. So you should consider it the start of your negotiations. A car accident lawyer can negotiate with the insurer on your behalf to get the best possible settlement amount for you.

Signing documents without understanding them

Even if your claim seems simple or straightforward, it’s best not to sign any paperwork from an insurer without having an experienced car accident lawyer review it first.

Common mistakes when claiming insurance

Delaying medical treatment

The type and severity of your injuries will be a major factor in how much compensation you’re entitled to. So you should get medical treatment promptly after a car accident. 

Not only will it help you on the road to recovery, but it will provide a record of what happened and how your injuries may affect your quality of life. 

If your accident was work related, your doctor can provide a certificate that outlines your ability to continue working, which you can use to claim workers compensation.

If you delay treatment, the insurer may decide that your injury was not that serious or caused by your accident.

Not collecting evidence to support claim

You may need a range of evidence to support your compensation claim. From medical assessments to photos, witness accounts and receipts, you should keep records of everything relating to the accident. This includes:

  • the vehicles involved – registration, owners, colour, make and model
  • how the accident happened
  • traffic and speed conditions
  • weather at the time of your accident
  • witness names and contact details
  • photos of the accident scene and car damage if possible
  • police incident report.

Not disclosing previous injuries

Always be honest when you make a car accident claim. This includes disclosing any prior injuries, especially if they’re in the same area as your new injury. Insurers may review your medical and financial records. If they discover a previous undisclosed previous injury, they might use it to deny any liability.

If you are honest from the beginning, previous injuries are less likely to impact your new claim.

Not meeting car accident claim deadlines

You may do everything right when putting your claim documents together. But if you don’t meet the legal time limits, the insurer may still decline your claim.

These are some important time limits to consider:

  • You have 24 hours to report your accident to the police if you didn’t call them at the time of the accident. 
  • You must lodge your claim within 9 months of the accident date (or when symptoms first appear) or 1 month of consulting a lawyer about the injury – whichever is earlier.
  • If you can’t identify the at-fault driver, you have 3 months to lodge with the Nominal Defendant. 
  • You have 3 years from the accident date to lodge court documents if you need to start court proceedings.

Making a claim on your own

You might believe that your accident was fairly simple and you can make a claim without legal assistance. However, insurers can take advantage of this, so a lawyer can be valuable to you when making a compensation claim.

An experienced car accident lawyer understands the claims process and potential pitfalls. And they’re used to dealing with insurance companies.

Your lawyer will always have your best interests in mind. They will use all their experience and knowledge to help get you the maximum compensation payable. Read our article on when you should hire a lawyer.

 

How can Main Lawyers help?

After a car accident, you need a personal injury lawyer who works in your best interests. At Main Lawyers, we provide a free initial consultation and offer a no win, no fee basis. So you’ve got nothing to lose by contacting us today.

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