If you’ve been hurt in a car accident, you’re looking at dealing with at least one insurance company, and perhaps several more. You need to be aware of the arguments they’ll use to try to limit the amount they have to pay.

Remember, the insurance company’s goal is to protect its bottom line

Some of the arguments an insurance adjuster may make won’t even sound like arguments. They’ll ask you seemingly innocuous questions or ask you to give them a recorded statement. They’ll say they’re on your side. The truth is that the insurance company’s financial incentive is to pay you as little as possible (or nothing at all), and that means you constantly have to be on the alert.

“They weren’t going very fast, right?”

This is common in rear-end collisions and other crashes that happen at low speed. The insurance company’s goal here is to downplay the severity of the collision and thus the extent of your injuries. This is often a prelude to arguing that you’re faking or exaggerating your injuries, or that your injuries were not actually sustained in the crash.

Insurance companies play this game all the time, which is why we strongly encourage you to see a doctor right away after a car accident, even if you think it was minor. Getting medical attention not only protects your health but also creates a record of your injuries in case the insurance company tries to dispute them later.

“Do you think you could’ve avoided it if you were paying closer attention?”

Whenever an insurance company has the opportunity to shift blame for your injuries onto you, they have a significant incentive to do so. New York uses the comparative negligence standard to determine damages (financial compensation) in personal injury claims. If you are found to be, say, 30 percent responsible for your injuries, your award will be reduced by 30 percent. Even if the insurance company can’t pin the entire accident on you, any percentage of fault reduces the amount they have to pay.

The insurance companies invest a lot of effort in determining fault in ways that benefit them, up to and including hiring their own experts to make the case that you were at fault for your injuries. It’s critical that you have your own advocate telling your side of the story and arguing for your interests.

“It’s a he-said-she-said, so there’s nothing we can do.”

On the surface, your accident may look like your word against the other driver’s. Again, the insurance company’s incentive is to use any uncertainty to their financial advantage. They may cast doubt on your ability to recover at all and perhaps offer a small settlement, saying it’s the best they can do. (More on that in a moment.)

The truth is that a full investigation, cross-referencing witness testimony, physical evidence, and other information we may be able to gather, can often establish fault for an accident much more definitively than seems possible at first. That’s why you need to retain an attorney as soon as possible to launch an investigation that protects your interests.

“Here, take this settlement.”

They may say it’s the best they can do, or they may not even say that much. The insurance company wants you to believe that you have to just take whatever they offer, which is usually a “lowball” number intended to protect their bottom line. In reality, any personal injury settlement is negotiable, and an attorney may be able to get you much more than the insurance company’s initial offer or even what they say is their “final” offer.

Remember, once you’ve accepted the insurance company’s money, that’s it; you can’t go back for more. The settlement you accept must cover the full, long-term cost of your injuries. The only way to be sure you’re getting full and fair compensation is to review the settlement offer with an experienced car accident attorney.

The key takeaway: don’t negotiate with an insurance company on your own

Insurance companies do this every day. Their adjusters and attorneys are experts at reducing or denying claims. If you try to negotiate with them on your own, you’re at a severe disadvantage. An experienced attorney can level the playing field and handle these questions on your behalf while you focus on getting better.

If you’ve been in a car accident, we’d be honored to discuss your legal rights in a free consultation. If you choose to retain us, we’ll deal with the insurance company on your behalf, countering their arguments and advocating for your interests. Contact us today for a free consultation with a Buffalo car accident attorney.