Dealing with the Insurance Company after a Tennessee Auto Accident
After a car accident, most people are feeling afraid, upset and confused. Add physical injury and a wrecked car to that, and accident victims are most likely in a vulnerable state. This is when an insurance adjustor will enter the picture and try to make a quick settlement.
Beware! Insurance adjustors do not always have your best interests at heart.
While it may be tempting to settle quickly and get the accident behind you, this is never a good idea. Knowing what to expect can protect you from hasty, unfair settlements. Let’s begin with what to expect immediately following the accident:
- First, you will notify your insurance company of the accident. Soon, an insurance adjustor will contact you.
- If there was little damage and no injury, your adjustor will ask you to get a repair estimate and send you a check, after the requisite paperwork is completed.
- BUT, if the damage and injuries are more severe, and the liability is unclear, a negotiation will begin. This is when you will want to pay close attention to what is happening.
After the initial contact with the insurance company, in a more complicated accident, the water becomes murkier. You will need to be very careful.
- First the adjustor will investigate your claim and look at your policy.
- Next you will get a settlement offer, which is usually low. After all, the adjustor’s job is to save money for his or her employer.
- The first offer also usually comes quickly in the hopes that you will just accept it in the early stages of recovery while you are still confused and upset.
- This first settlement offer is always open to negotiation. You do not have to accept it. You have the right to propose your own settlement proposal. To do this, you write a demand letter, which argues that the initial offer is too low. The demand letter will include information about damages, medical bills and fault. It will also ask for a certain amount of compensation, based on these things.
- If your demand letter is rejected and the insurance company denies your auto accident claim, it is time to take the gloves off and fight for your rights. The insurance company has the legal obligation to negotiate.
If you decide to fight the insurance company’s decision, you have options.
- Your insurance company has the obligation to act in good faith in your car accident claim. For this reason, you should always move ahead with your demands.
- You can dispute their denial by writing a letter that points out the mistake(s) they have made and asking for a fair settlement.
- You can contact the State Insurance commissioner and appeal the company’s decision.
- You can file a lawsuit against an insurance company for bad faith, breach of contract and/or for violating the state’s insurance code.
Filing a lawsuit may be your best option when there are severe injuries, the other party was at fault, and/or there are long-term damages involved. At this point, if not sooner, you should get a good Memphis car accident attorney to represent you. Issues of negligence, fault, and injury compensation are much better handled by a professional.
The personal injury attorneys at Bailey & Greer have the experience and courage to fight for your rights. They can help with every step of a Tennessee personal injury lawsuit and make sure you are not cheated out of a fair and just settlement for your auto accident claim. Call toll free today at 901-680-9777 to set up a free case evaluation.
Since graduating magna cum laude in 2005 from the University of Memphis School of Law, Thomas has helped make a difference in the lives of victims of serious personal injury, wrongful death, and professional negligence. Thomas has extensive trial experience in both state and federal court. Among other victories in the courtroom, Thomas obtained several impressive jury verdicts and settlements
Read more about Thomas R. Greer