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Wouldn’t it be nice if everyone just worked together? We could unite and work to find a solution that makes everyone happy. Everyone would get their due and no one would be left without.Is it best to cooperate and trust insurance adjusters?

Of course, we know the world doesn’t work that way. We are all looking out for #1, and few are willing to go out of their way for others. Corporations have the worst reputation for nasty behavior. Their employees are trained to make the most money for their companies, and they rarely let go of their profits without a fight.

Insurance companies, like all other corporations, are interested in their bottom line. Even if your injuries are serious, and the other driver is at fault, they will fight your claim to the bitter end. This is why personal injury attorneys are necessary. If we could trust insurance companies to “do what is right,” you wouldn’t need an attorney.

The Other Driver’s Insurance Adjuster is Not Your Friend

Most people believe if you act civilly and respectfully with the other driver’s insurance company, you will get compensated for your injuries. This is not always the case. While we recommend acting politely while speaking with the insurance adjuster, keep in mind they are looking for any reason to deny your claim.

Insurance companies will misconstrue your words, intimidate witnesses, and lowball your claim whenever they can. While you have been polite and nice, they are still working against you.

Of course, insurance adjusters are people, too. They aren’t evil. But they have been trained to deny claims. The more complicated your case, the more loopholes they can find to keep the insurance company’s profits.

The More Complicated Your Claim, the More the Insurance Company Will Fight

You can settle most small car accident claims without an attorney. Typically, small claims are straightforward and there is relatively little money on the line.

Car accident cases where your injuries are serious and the other driver is clearly at fault, insurance companies will most likely settle. But they will not always settle quickly. They will investigate the accident, your medical history, and other details that could allow them to deny your claim.

For more complicated cases, expect a lot of pushback from the insurance company. They will hire their own investigators to poke holes in your version of events. If they believe you were in any way responsible for your injuries, they will deny your claim.

When the insurance company becomes combative, an attorney will need to decide if you should take your case to trial. Taking a car accident case to trial is a nuclear option, but it can be necessary.

Will Taking my Case to Trial Hurt my Chances of a Settlement?

Often, attorneys will work to settle your car accident case while preparing for a possible trial. Even though your case has a trial date, there is still the potential to settle a case before the trial occurs.

Keep in mind, if your car accident goes to trial, your case will be decided by a judge or jury. Juries are difficult to predict.  You could be awarded less (or more) than the insurance company is willing to settle the case for.

Your attorney will review any settlement offer with you and discuss your options with you along the way. That is why it is important to trust the attorney you are working with. Before you hire an attorney, do your research and make your decision carefully. Car accident cases can take months, so you should be comfortable with whoever is working on your case.
Ben Glass
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Ben Glass is a nationally recognized ERISA disability & life insurance attorney in Fairfax, VA.