Like most states, Mississippi requires drivers to carry car insurance. That mandate follows the 25/50/25 rule: $25,000 for bodily injury liability per person, $50,000 for total bodily injury liability per accident, and $25,000 for property damage liability per accident. This means if you get into an accident with another insured driver and the accident is their fault, you’ll most likely file a claim with their insurance carrier.
On the other hand, if you get into an accident that is your fault, like hitting a deer on Route 49, you would file a claim with your insurance company. In either scenario, you’ll be dealing with an insurance adjuster, and you need to be cautious about how you interact with them. One mistake can lead to a claim denial.
What If My Insurance Claim is Denied?
An insurance claim denial does not automatically mean the end of the process. You are entitled to appeal. That is where you’ll benefit greatly from a consultation with Owen, Owen & Smith, PLLC. We are a team of experienced Gulfport car accident lawyers who have helped many clients with the insurance process. That begins with the first contact with an insurance adjuster.
What Is the Role of an Insurance Adjuster?
Insurance adjusters act as the investigative agent, serving as the official go-between between the insurance carrier and the claimant. Their role is to investigate the accident, assess the damage, and review all the relevant documentation. The insurance adjuster will also provide a report to the insurance company outlining the payout amount.
Throughout this process, the insurance agent might try to position themselves as your advocate, but you should always keep in mind that the adjustor works for the insurance company. That company’s goal remains the same: deny the claim to increase their profit margins. That is why you need to be careful when interacting with an insurance adjuster.
Here are the top seven mistakes to avoid when dealing with an insurance adjuster after a car accident:
Mistake 1: Providing a Recorded Statement Without Consulting an Attorney
Once the accident you were involved in is reported to the insurance company, they are going to assign an adjuster within 48 hours. They’ll reach out to you and will ask what happened. That might seem innocent enough until they inform you that the conversation will be recorded.
They’ll explain that it’s the best way to keep everything moving. In truth, they want to get you on record, inadvertently admitting to something that could put your claim in jeopardy.
You are well within your rights to tell the adjuster that you want to speak with an attorney first.
They might tell you that it will slow things down and cost you money. Yes, it could cost you, but not in attorney fees, but with an unfair settlement.
Mistake 2: Admitting Fault
“I’m sorry” are powerful words, but they should never be uttered after a car accident. You might even feel sorry that the other driver now has to pay for your damages, but you shouldn’t say it.
That can be seen as an admission of fault.
Mississippi follows the pure comparative negligence rule, which allows you to collect compensation even if you were partially at fault for the accident. The problem is that your compensation will be reduced by the amount of fault.
An insurance adjuster will be looking for that admission to reduce their payout.
Mistake 3: Accepting the First Settlement Offer
After they’ve looked over all the evidence, the insurance adjuster will often make a lowball offer to settle things quickly and get money right to your bank account. They hope that you’ll be so overwhelmed by your bills that you will want to settle quickly.
The problem with that is you won’t be able to go back for any additional funds. If prescribed, ongoing therapy costs extra; you’ll have to pay for that.
Mistake 4: Signing Medical Release Forms Too Early
Your medical records will be a part of your accident claim. An insurance adjuster should review your records, and they will. However, if you sign a blanket medical release form, that will give them access to all your medical history.
That can complicate matters if they claim a past injury is really to blame for your current pain. That can reduce the amount of your settlement.
Mistake 5: Downplaying Your Level of Pain
You might be the type of person who doesn’t like to admit when you’re feeling bad. When asked, “How are you feeling?” you might be inclined to say, “I’m fine.”
You might feel fine the day after an accident, but certain injuries like whiplash, soft tissue damage, or concussions might have symptoms that won’t show up for days. If you downplay your level of pain, the insurance adjuster could argue that your injuries aren’t that big of a deal.
Mistake 6: Making Social Media Posts
The moment you file an insurance claim opens you up to scrutiny. That begins with all your social media posts. Any photos, check-ins, or status updates can be shown to contradict your injuries.
For instance, if you claim you’re in severe back pain but post photos of a bowling birthday party, it will work against your credibility. The best option is to avoid posting on social media until your claim is settled.
Mistake 7: Not Consulting a Gulfport Car Accident Attorney
If you get into a minor fender bender accident, you might not want to involve a lawyer, especially if you can settle the matter between you and the other driver.
However, if you get into a serious crash that wrecks your car and sends you to the hospital, you should speak with an attorney before you file a claim. That will provide you with a thorough overview of all your options and how you should approach an insurance company and its adjuster.
It’s not personal. It’s business. Insurance adjusters are trained to protect company profits, and that means settling claims quickly and for as little as possible.
The attorneys at Owen, Owen & Smith, PLLC can answer your questions about how to move forward with an insurance claim. If we agree to work with you, we’ll take over all the communications with the adjuster. Our goal is to ensure our clients get what they are due.
Call to set up a consultation today.
