After an auto accident, it's only natural to consider things from the victim's side of things. However, your accident case has two sides and it's considered a smart move to know what to expect from the other side. Find out more below.
The other side, in most cases, refers to the other driver's insurance company. These companies employ adjusters, investigators, and legal teams to fight against claims. Insurers are for-profit and losing cases goes against good business practices. That means they employ several defensive tactics meant to stop, slow down, complicate, and win cases. This should not worry you, but it should cause you to know what you and your personal injury lawyer might encounter as you move forward with your claim for compensation.
Common Defensive Moves
The below tactics are common. Don't be surprised when your lawyer tells you that one or more of the below moves are being used against you:
- Failure to mitigate damages: This issue is used when the victim does not attend to their injuries. The results could be that their medical issues worsen due to their inaction. Not seeking medical attention after an accident or not following the doctor's orders can result in this claim being used. To fight back, be sure to get treated right away after an accident and do what your medical practitioners tell you to do.
- Preexisting condition present: If you have been hurt in a previous accident or are suffering from a medical condition, the insurer may try to blame that for your medical condition. They may ask for access to your previous medical records so that they can mitigate the claim for medical expenses. Speak to your lawyer about how you can prove that your present injuries came from the most recent accident and from nothing else.
- Fault is not settled: Fault is probably the most important aspect of a personal injury case. The driver found to be at fault for the accident must pay the damages of both drivers. It can get tricky when it seems like both drivers are partially responsible for the accident. Shared fault can mean that each driver must depend on their own insurer to cover their damages. It also means that no one will be paid for lost wages or pain and suffering.
- In some cases, the investigation into fault must go deeper. Experts might be needed to recreate the accident to determine what occurred. Also, witnesses must be located, and their statements recorded to help establish which driver made the wrong moves first.
For help with your auto accident case, speak to a personal injury lawyer.