Fighting the Insurance Company After a Car Accident

Fighting the Insurance Company After a Car Accident

After a car accident, dealing with insurance companies can prove just as stressful as the incident itself. Facing the confusion, fine print, and complexities of an injury claim often feels like navigating a labyrinth with no way out. With the appropriate knowledge and tools, however, you can take on insurance companies after an accident.

Understanding how insurers function allows you to take steps after a car accident to counter their payout minimization tactics and fight back. By familiarizing yourself with their strategies, you can confidently communicate with insurance adjusters, handle negotiating settlements, and recognize when it's time to engage a car accident lawyer.

Accidents happen unexpectedly, but you can take measures to better prepare yourself for such an unfortunate event.

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Understanding Insurance Companies

Fighting the Insurance Company After a Car Accident

Before exploring the necessary steps following a car accident, you want to understand how insurance companies operate. Knowing how insurers assess accident claims will help you interact with them effectively and confidently and prevent them from taking advantage of you during this stressful time.

How Insurance Companies Work

Insurance companies are profit-driven entities. They receive premiums from policyholders and, in return, offer financial protection against various risks, including car accidents. As businesses, their primary goal is to minimize losses and maximize profits. While you may think insurance companies have your best interests in mind, their bottom line is to pay as little as possible on any claim, including yours.

The Role of Insurance Adjusters

Insurance adjusters inspect accident damage and evaluate how much the insurance company should pay. While they might seem helpful, you must remember that they work for the insurance company, not you.

They will assess the situation and find ways to justify lower payouts and deny claims, often by disputing liability and the severity of injuries. Be cautious of what information you share with insurance adjusters, as they may use what you say against you to minimize your claim.

How Insurance Companies Determine Fault

Insurance companies typically determine fault in an accident by considering crucial elements such as the police report, witness statements, and relevant traffic laws. Multiple parties may share liability—which you refer to as comparative or contributory fault—influencing the claim's value. Despite these factors, it's critical not to admit fault at the accident scene or to the insurance company, as this could jeopardize your claim.

Steps to Take Immediately After a Car Accident

A car accident can feel overwhelming, but you can safeguard your rights and make a successful insurance claim. This includes:

Contacting the Police

Aside from making sure you are safely out of harm's way, your first action after a car accident should be to contact the police, regardless of the severity of the incident. The responding officers will make an official, objective incident report.

This documents critical evidence when dealing with insurance companies, as it provides an unbiased account of the accident and how it transpired. Avoid leaving the scene before the police arrive and issue their report, as the insurance company will require it to justify your claim.

Seeking Medical Attention

Seeking medical attention immediately after an accident is crucial, even if you feel fine or believe your injuries are minor. Some conditions may emerge later. Documentation of your medical treatment helps to prove the accident caused your injuries and is vital evidence to support your compensation claim against the insurance company.

Gathering Evidence at the Scene

Collect as much information as possible from the accident scene, including the other driver's name, contact details, license plate number, and insurance information. Obtain the name and contact details of any witnesses.

Take photographs of the scene, such as pictures of the license plate of the other car, the other party's insurance card, physical injuries, damage to vehicles and property, and contributing to weather or traffic conditions. This documentation will support your insurance claim.

Reporting the Accident to the Insurance Company

Promptly report the accident to your insurance company. Your insurance policy requires this, even if you're not at fault. Stick to the facts, and avoid speculating on fault or discussing the extent of your injuries initially. More in-depth discussions with your insurer will occur during the claim process. It is often advisable to have an attorney present at this stage to advocate for your interests.

Dealing With Insurance Companies After an Accident

Navigating the post-accident claim process can be challenging, particularly when recovering from injuries or dealing with damages. The following tips may help:

Understand Your Insurance Policy

Navigating insurance companies after a car accident is much easier if you understand what your insurance covers, the deductibles, and the policy limits. Take the time to read through your contract. A lawyer can explain any complex details and outline your legal options.

Communicate Effectively With Insurance Adjusters

When communicating with insurance adjusters, be polite yet firm, avoid being aggressive or overly friendly, and only provide essential information. They aim to make a profit, not act in your best interests, so present the facts and leave the negotiations to your attorney.

Don't Admit Fault

While you may face pressure to divulge information about the accident or admit fault, hold firm. An insurance claims adjuster, for example, may ask if you contributed to the accident or experienced any injuries, and they can use any admissions you make against you when determining the payout or fault percentage. If you feel uncomfortable or coercion, tell the insurance company to contact your attorney and leave the conversation. 

File a Claim

When filing a claim, describe the event accurately and include all medical records and bills, proof of lost income, photographs, receipts for out-of-pocket expenses, and any other associated documentation. An attorney can ensure your claim comprehensively records the accident.

Common Tactics Insurance Companies Use

Insurance companies employ various tactics to reduce payouts.

Look out for: 

Lowball Offers

Insurance adjusters often make a low settlement offer initially, hoping you'll accept it to close the case and get the quick money you need to address any bills piling up following your accident. It's crucial not to accept this offer without reviewing it thoroughly. Even if you desperately want to pay your medical bills, resist giving in, as your claim is likely worth a lot more, and you may have years of expenses ahead. 


Insurance companies sometimes use delay tactics to frustrate claimants into accepting lower settlements, including losing paperwork, failing to return calls, or extending investigations. If you believe your insurance company is employing these strategies, contact an attorney to expedite the process.

Claim Denials

Insurance companies often deny claims, even valid ones, based on policy exclusions or allegations of fraud, hoping the claimant won't dispute their decision. If your insurance company denies your claim and you believe it is legitimate, contact a lawyer to work on an appeal.

How to Fight Back Against Insurance Companies

While insurance companies are large and have extensive resources and experience fighting car accident claims, there are several strategies you can employ to counter their tactics. This includes:

Document Everything

Chronicle every conversation, photograph, bill, correspondence, or medical report. Documentation provides essential evidence in your case. Many accident victims keep a journal of their emotional and physical journeys toward recovery. This helps to substantiate your pain and suffering and treatment timeline.

Recording these details is particularly important if you are in a severe accident that takes a heavy toll on your emotional and/or physical well-being.

Contact a Lawyer

An experienced lawyer can manage many elements of the claims process. They can counter the tactics insurance companies employ, negotiate on your behalf, and fight to get the settlement you deserve.

Lawyers know how insurance companies operate, and they can navigate their strategies and protect your right to compensation. Insurers typically take claimants more seriously if they have legal representation, often resulting in a higher payout.

Negotiate a Settlement

A personal injury attorney is an experienced negotiator who will represent your interests. Seeking a fair settlement requires persistence and in-depth knowledge of the insurance policies and laws surrounding personal injury.

Avoid accepting initial offers and gather as much evidence as possible. An attorney will fight for you during negotiations and pursue litigation if necessary, which is something insurance companies want to avoid. 

Avoid Signing Anything You Don't Understand

Be careful what you sign. Ensure you understand what you're agreeing to, or better yet, have an attorney review it to avoid jeopardizing your claim and your right to seek compensation in the future. Always request the time you need to review documents and get a legal opinion before signing documentation from the insurance company. 

Reasons To Hire a Lawyer

Knowing when to hire a lawyer can make all the difference to your claim. It is advisable to seek prompt legal guidance, and most personal injury lawyers offer free case evaluations to better understand your case and explain your options. A lawyer can negotiate your claim, take on the insurance company, and fight to protect your right to compensation while you focus on your recovery.

When to Hire a Lawyer

You should hire a lawyer if you've suffered severe injuries, are facing a claim refusal by the insurance company, or if your case involves substantial amounts of money. While lawyers can handle all types of insurance claims, you need one in accident cases involving severe injuries or highly complex issues. No matter your type of claim, seeking legal representation will increase your chances of recovering the compensation you deserve.

How a Lawyer Can Manage Your Claim

Lawyers understand how to navigate insurance company tactics and can represent your interests to the full extent of the law. Insurance providers often take claimants more seriously if they have experienced legal representation. A lawyer can negotiate, represent you in court, and ensure fair treatment from the insurance company. They will also understand the fine print and know how to use it in your favor.

How to Find a Good Lawyer

Look for a lawyer with experience in personal injury claims, especially car accident cases, and a good reputation. Most firms offer free case evaluations, so contact multiple firms and select a lawyer you feel comfortable with. Finding the right lawyer is like establishing any other business relationship; shop around until you find someone who fits your needs.

Empower Yourself to Seek the Compensation You Deserve

Jeff Morris, Lawyer for Car Accident
Jeff Morris, Car Accident Attorney

Dealing with insurance companies after an accident can be daunting. Understanding the way they operate and how to navigate their tactics, however, ensures you can handle your insurance claim effectively. In the aftermath of a car accident, remember to communicate clearly and concisely, avoid admitting fault prematurely, document everything, and hire an experienced personal injury lawyer to manage your case. You have rights, and a legal professional can advocate for your best interests.


What Our Clients Say

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At Morris Law Accident Injury Lawyers, we have provided compassionate and aggressive counsel to personal injury victims in Horry County, Aiken County, and throughout South Carolina since 2016. We are available 24/7/365 days of the year. Reach out and get your case evaluated at no cost.