Defending your claim against an insurance company is imperative if you hope to win a personal injury claim. Your claim is simply your story. It’s what happened. It’s why you filed a personal injury claim in the first place. It’s the reason you are seeking compensation after an injury. If you file a personal injury claim, you are the plaintiff if your case goes to court. The at-fault party is the defendant. At no point during a personal injury claim are you ever the defendant, but that does not mean you’re not required to defend your claim.
The insurance company representing the at-fault party will ask you to defend your claims by bringing up arguments that might make it seem you don’t have a claim. This is where it becomes important for you to consider hiring an attorney to help with your case. You might not realize how many intricate details are involved in a personal injury case, but your attorney does. The attorneys at foylelegal know this, and they work hard to ensure you are able to defend every statement you make in your personal injury claim. These tips will also help you defend your claims against the at-fault party’s insurance company.
The most important tip pertaining to the defense of your claims is to be honest from the start. Do not exaggerate your injuries. If you aren’t bedridden because of your injuries, don’t try to tell the insurance company you are. Even the smallest lie or omission of truth can cost you the entire case. From the start of your first statement, be honest about everything. If you didn’t feel pain until a week after the accident, don’t say you felt pain the moment you were hit or the moment you slipped and fell. It’s easy to defend the truth when you’re not looking to remember your misrepresented statements.
Do Not Admit You Knew the Dangers
This is a statement that might not make sense at first. However, you cannot say to an attorney, to the insurance company, or to anyone else that you were aware the situation was dangerous. If you want to defend your claim, you must not say you knew or that you even suspected a situation might be dangerous. What does this mean? Take this scenario as an example.
If you are out drinking on Friday night and you cannot drive home, you call a friend to come to pick you up. If you knew that the friend you called had a few beers before they arrived to bring you home, you cannot file a personal injury claim and honestly say you didn’t know the dangers of getting into the car with another driver who had a few drinks. However, if you didn’t know that the friend you called had been out drinking, too, you did not know this situation was more dangerous than getting into the car with a sober cab driver.
However, the moment you admit that your friend always goes to the same bar on Friday night and has a few beers after work, you admit that you were aware of the danger. You knew your friend was drinking and driving, and you knew the risks of getting into the car with that person. If your friend caused an accident, you were aware it was entirely possible. If you didn’t know your friend was drinking, you were not aware that your friend was making your car ride home more dangerous.
Do Not Post to Social Media
If you want to defend your claim against an insurance company following a personal injury case, do not post anything to social media. The best idea is to delete or deactivate your accounts until you win your case and have your settlement money in hand. You won’t have to defend anything if you don’t post it. If you choose to ignore this advice and post things to social media, you might find yourself defending your injuries after dancing with your own daughter at her wedding. The defense might argue you’re exaggerating your injuries, and they might use the photos of you dancing that you uploaded to social media against you. Whether you danced through excruciating pain or not, your claims look less believable when you’re saying you’re suffering from injuries but can go out dancing.
Do Not Misrepresent Pre-Existing Injuries
If you were hurt prior to your accident, the at-fault driver’s insurance company might argue that your injuries were not their client’s fault. This is why you must not sign a medical release form when an insurance company asks. It allows them to go back to the day you were born and look for any injuries you had. If you broke your toe when you were four, they might state that some of your injuries were a result of that accident rather than a result of the accident their client caused. The best defense is providing as little information as possible. They do not need a signed medical release.
Hire An Attorney
The single best way to defend your claims against an insurance company is with the assistance of an attorney. An attorney knows the law. An attorney knows what is required, and they will not allow you to sign anything or submit anything to an insurance company if it’s not a legal requirement. This is often the make or break situation in any personal injury case.
The insurance company looking out for you and/or the at-fault party in an accident want to protect their money. This means they want to offer you as little as possible. If you decline their initial offer and cannot reach a settlement on your own, they will do anything in their power to ensure they don’t lose more money. They will fight your claim and having an attorney and the best possible defense on your side are the easiest ways to help you win your claim.