One of the more frustrating parts of being involved in a car accident is dealing with the insurance claim. From determining liability to getting paid a fair settlement to getting your claim settled in a timely fashion, the entire process can sometimes feel like it is taking a lifetime. When the car accident insurance company takes an adversarial approach to your claim, it can take even longer. You should not have to fight so hard to get the compensation you are entitled to, but sometimes that is exactly what happens. If you are dealing with an insurance company that is being contentious about your claim, an experienced Missouri car accident attorney at Steelman Gaunt Crowley may be able to assist you. Call (573) 341-8336 to schedule a consultation and learn more about getting your claim approved and paid.
Ways the Car Accident Insurance May Take an Adversarial Approach
To many car accident victims, the situation seems rather straightforward: they were in an accident, the other driver was at fault, evidence of the monetary damages and injuries has been presented, and the insurance company should pay. Unfortunately, when dealing with car accident insurance, it is rarely this simple.
In fact, quite often, insurance companies take an adversarial approach toward claims and the individuals who have filed those claims. This is because, like any business, insurance companies are in business to make money. Paying out on claims cuts into their profits and they do not want to do that if they do not have to. Therefore, they will look for ways to try to get out of paying, whether it is merely reducing the amount they ultimately pay or they find a way to avoid paying altogether. There are a number of ways the insurance company may take this adversarial approach to a claim.
Undervaluing Your Vehicle
One way they will try to avoid paying is to undervalue the damaged vehicle. There are a number of reputable options for valuing a vehicle, including the Kelley Blue Book, independent appraisers, and car dealers. Instead of using one of the well-known and reliable options, a claims adjustor may instead use an arbitrary formula to declare the vehicle’s value. If the vehicle is custom or classic the adjustor may especially attempt to use this tactic as these custom and classic vehicles tend to be more expensive due to having unique parts or parts that are original to the vehicle and cannot be easily or inexpensively repaired or replaced. They may also do this with older cars as they may claim that since the vehicle is older, its value is significantly diminished because of existing damage or issues, even if there is no evidence of such damage or issues.
Denying Certain Coverages
The Missouri Department of Revenue indicates that Missouri law requires all drivers to carry auto insurance liability coverage of $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 per accident for property. The state also requires drivers to have uninsured motorist coverage for bodily injury of $25,000 per person and $50,000 per accident. These are the minimum coverages an insurance company must provide. Depending on the circumstances, drivers may have additional coverages, such as comprehensive, collision, rental reimbursement, and medical payments.
If the policy offers these coverages, the car accident insurance company cannot deny paying them if the claimant provides appropriate evidence and liability is proven. Yet some companies will attempt to deny these coverages. They may deny them completely or they may try to claim that the accident victim was required to use a specific provider or go through a particular process in order to use the coverage.
Lowballing Your Injury Claim
Injuries in a car accident can range from minor bumps and bruises to serious injuries such as traumatic brain injuries (TBI) and spinal cord injuries. Individuals can suffer minor and serious injuries at the same time. The insurance company’s adversarial approach will be to attempt to lowball the injury claim and act as if the person’s injuries are not as serious as they are. They may try to claim a serious injury is just soft tissue damage, that it is a pre-existing injury that is not related to the car accident, or that it does not require ongoing treatment. Individuals should be prepared with evidence of the severity of their injuries and expected future treatments.
Poor Accounting of Damages
Another adversarial approach car accident insurance companies take is to underestimate the damage to the victim’s vehicle. This can include claiming that repair costs will be lower than the estimates the claimant has received, that the costs of replacement parts wil be lower, or denying that certain damages are the result of the accident. Insurance companies may also try to claim that something listed as damage on an estimate is not actually damage and does not need to be repaired.
Disputing Liability
Disputing liability is perhaps one of the most common ways car accident insurance companies take an adversarial approach to claims. In fact, it is extremely common for both drivers’ insurance to dispute liability and claim it is the other driver’s fault. What is important to know is that Missouri is a pure comparative fault state. This means that even if a driver is at fault, they can still recover damages. If one driver is 70% at fault, they can still collect the 30% of damages that is not their fault; they will also have to pay 70% of the other driver’s damages. However, this means that disputing liability can be more complicated as a result. Because the state uses pure comparative fault, it is not as simple as proving the other driver is at fault. Disputes over liability can be about how much fault to apportion to each driver, and this can make disputing liability a frustrating and long process.
Refusing to Pay Out
When someone is involved in a car accident, they may suddenly have very expensive medical expenses and vehicle repair bills. These unexpected expenses, combined with lost wages if the individual cannot work, can add up extremely quickly, leaving the individual stressed and panicking about how they will pay these bills and their usual bills. Car accident insurance companies will try to take advantage of this vulnerability and make low offers in hopes that the victim will take whatever is offered. They may even make these offers and claim that the individual has a limited amount of time to accept or the offer is gone or even that this is their final offer and the victim will be out of luck if they do not accept it.
Delayed Claim Processing
Car accidents involve a lot of paperwork, and unfortunately, processing these claims does take some time. However, some claims adjusters will intentionally delay and take much longer than necessary in the hope that the claimant will get so frustrated with how long it is taking that they just give up and stop pursuing the claim. This adversarial approach can be more difficult to prove, so individuals may want to consult with an attorney if they believe the adjuster is engaging in this tactic.
Support Your Claim With Evidence
When a car accident victim knows that the car accident insurance company is taking an adversarial approach to their claim, the victim must take steps to push back and insist on having their claim treated and paid fairly. One way to do this is by ensuring they have the evidence to support their claim. Strong evidence is the key to getting insurance to pay out fairly. Victims should ensure that they retain a copy of all evidence they provide to the insurance company for their own reference.
Photos and videos of the accident scene and damage to all property and vehicles involved in the accident. Police reports will also help support the claim and potentially prove liability. Victims should also keep all medical records and ensure they detail injuries, treatment costs, and the prognosis. They should also keep receipts for rental vehicles, car repairs, medical copays and anything else associated with the accident. Individuals should also consider calculating their totaled or damaged vehicle’s value using online services, an appraiser, or car dealer so that they have their own value to compare to what the adjuster claims the value is.
Firmly But Respectfully Negotiate
When a car accident insurance company takes an adversarial approach toward a claim, they are counting on the claimant to back down. Unfortunately, this means that the accident victim must resist offers that are less than fair. However, this can feel like confrontation, which many people are not comfortable with. When someone already is not comfortable with confrontation and is also injured and trying to heal, this can make a complicated situation even more frustrating. Fortunately, there are a few simple steps the individual can take to firmly but respectfully negotiate.
Disagree Calmly and Respectfully
Whether the individual is comfortable with confrontation or not, being offered less than they may be entitled to is frustrating for anyone. When they are injured, losing money due to not working, and trying to get their vehicle repaired or replaced, their frustration may tip over into anger or even rage. However, it is critical that the individual does not threaten the adjuster. They should also not confront the adjuster aggressively.
Instead, the accident victim should calmly and respectfully express that they disagree with the adjuster’s offer. If they disagree with the offer but are not sure if they are being offered less than they may be entitled to, the individual can ask the adjuster to explain how they calculated the offer. This may help clarify whether the offer is fair and make it easier for the individual to politely disagree.
Explain Your Reasoning and Show Evidence
Once the accident victim has disagreed with the offer, they should explain their reasoning behind the disagreement. Most of this reasoning will be based on facts, such as the cost of the victim’s medical expenses and vehicle repair and replacement. If there is evidence that has not been provided to the car accident insurance company, it should be shown to them now to back up the victim’s reasoning that the offer is too low.
This is also where the copies the victim retained can be useful. These copies will allow the individual to reference specific expenses, tell the adjuster which specific bill, photo, or receipt to look at, and provide other details.
Make a Reasonable Counteroffer
While many accident victims would love to receive a ton of money for their injuries, property damage, and pain and suffering, most are also willing to simply take a reasonable amount of money that covers these damages. When the victim believes the car accident insurance company is taking an adversarial approach with a low offer, the victim can make their own reasonable counteroffer.
An accident victim may not be sure what a reasonable counteroffer is. While it may seem as simple as just adding up all the numbers from the various expenses, there is a little more to it than that, particularly when it comes to pain and suffering. A car accident attorney with Steelman Gaunt Crowley may be able to assist you in determining what a reasonable counter offer would be in your case.
Request Arbitration
Many automobile insurance policies include a clause that allows the individual to request arbitration through the insurance company. Arbitration is an alternative dispute resolution method in which both sides present their evidence and an arbitrator makes a final decision on the matter. Arbitration is legally binding and both sides must comply with the arbitrator’s decision.
Arbitration can be a less expensive alternative to a lawsuit when the car accident insurance company is taking an adversarial approach to a claim. Additionally, the insurance company is typically responsible for selecting the arbitrator, which means they are also responsible for paying the associated arbitration fees. Arbitration can also be less formal than a trial for a lawsuit.
Dispute and File a Complaint
If a claimant does not like the decision an adjuster has made, they can dispute the decision and file a complaint with the Missouri Department of Insurance. Because arbitration is typically legally binding, individuals may wish to discuss with an attorney whether to request arbitration or dispute the adjuster’s decision and file a complaint, or if both may be an option. Individuals should note that the Department of Insurance cannot provide legal advice or act as a legal representative. If the individual is seeking legal advice or representation, they should hire and work with an attorney.
Make Sure the Car Accident Insurance Is Acting in Good Faith
RSMo §516.120 allows car accident victims five years to file their lawsuit. This is the statute of limitations, and if the lawsuit is not filed within this time, it can be barred and the victim will not be able to recover damages. Because of this, it is critical to make sure the car accident insurance company is acting in good faith, particularly when they have taken an adversarial approach to the claim.
What Is Good Faith and Bad Faith?
Good faith and bad faith are terms that refer to how one party is interacting with another. If the party (in this case, the insurance company) is acting in good faith, it means they are being honest and are genuinely attempting to find a resolution to the situation, even if they are disagreeing with the other party. Good faith indicates that the insurance company intends to live up to their responsibility. Insurance companies have a legal duty to act in good faith.
Bad faith means that the insurance company is being dishonest or fraudulent in some way. Bad faith means that they are hoping to avoid their legal obligation either partially or completely. They are not sincerely attempting to find resolution, but are attempting to force the other party to either accept far less than they should or to walk away with nothing.
Signs the Insurance Company Is Acting in Bad Faith
There are some signs that may indicate the insurance company is acting in bad faith. Some of these signs include making it difficult or intimidating to pursue the claim, denying a valid claim without a reasonable investigation, misrepresenting facts or policy provisions, unreasonable delays in approving covered claims, denying claims and refusing to explain why, refusing to consider evidence that supports the claimed amounts, and rejection of reasonable settlement offers. For many car accident victims, it may be difficult to identify what is considered reasonable and unreasonable, such as a reasonable timeframe for approving or denying claims or what a reasonable settlement offer might be. If a car accident victim believes they are seeing one or more of these potential signs of bad faith, they may want to consult with an attorney to discuss their options.
How a Missouri Car Accident Attorney Can Assist You
Navigating the complexities of a car accident can be confusing and frustrating, even when someone is in perfect health. If you are injured, it can be even more difficult. When the car accident insurance company takes an adversarial approach to your claim, you may feel as though you will never get the compensation you deserve. An attorney can assist you by offering advice, helping you navigate the different processes involved in filing your claim, negotiating a fair and just settlement, and if necessary, representing you in court. Call an experienced Missouri car accident attorney with Steelman Gaunt Crowley at (573) 341-8336 to discuss all your legal alternatives to getting your claim resolved fairly.
