Let’s face it. We know that the world is not a perfectly safe place. But we make our way through it with a certain degree of confidence because, most times, we know somebody has our back.
We can go for a late night walk, or park our new car downtown because there are police on patrol. We dive into the ocean because we’re positive the highly trained lifeguard can save us from riptides or rogue jellyfish attacks. And (once in a while) we imitate our favorite Fast & Furious scenes on the street confident that our insurance company will take care of us when we realize we’re not as skilled as the stunt drivers, and we have an accident.
But the reality is, at any given time, none of these things might be true. Police may not be patrolling in our area when a crime happens. The lifeguard might be off Baywatching someone else in trouble. And (shockingly) insurance companies have agendas that do not include getting you the maximum award you deserve. Surprised? Didn’t think so. That’s why you need to be aware of these 3 times when your insurance company might not have your best interests in mind.
1. When Both Parties Carry the Same Insurance
If
you are clearly in the right, you expect your insurance company to be
on your side, and lend vigorous support to helping you get everything
taken care of by the other guy’s insurance company. But what if the
other guy has the same insurance as you do? That represents a conflict
of interest.
Technically, it should make no difference whatsoever. The claims should be simply evaluated by different adjusters from the same company, independently. And the insurance company will assign different lawyers to you and the other guy. But the reality is, no matter which of you wins the case, the insurance company is gonna lose. And they want to limit their losses. But you don’t have to use the insurance company lawyers.
Hiring an auto accident attorney may be your best bet in this case, because they are more aligned with your interests. That’s because they typically don’t get paid unless you do—their fee is usually a fixed percentage of your reward. So they are always working the hardest to get the best reward for you. In contrast, the insurance company you are with may be motivated to settle quickly and cheaply. Law firms specializing in auto accidents also know that complications from injuries can lead to long-term nerve damage and severe personal injury. And while you may feel fine right after the accident, these problems may not fully present themselves right away. An independent attorney will look after your long-term needs, rather than just pushing for the quickest possible settlement. Your insurance company? Ask yourself if you think they want to on the hook for your long-term care…
2. When Your Insurance Company Suspects You Have a Weak Case
The assumption is always that you’re not at fault. But sometimes, it is not always so clear cut. It might have been a little bit
your fault, maybe even half. It all happened so fast. Witnesses could
go either way. It will be a close call. Your insurance company’s
interest is to pay as little money as possible. If they feel like you
might lose, they will want to settle quickly, rather than embark on a long, drawn out process that ends up costing them more money.
But that does nothing for you. Your case may be close, but you think you are in the right, and want to fight to get a victory. Relying on your insurance company alone, that’ll never happen. Again, what you need is your own injury attorney who works for your interests.
3. When Your Injuries Are Severe and Long-Term
Your
insurance company is contractually obligated to take care of you. But
chances are pretty good, in a serious accident where there are major
injuries, your case could get drawn out and tied up in all sorts of
legal red tape. In a motorcycle accident,
for example, your severe injuries can take a long time to get sorted
out. Even if you ultimately win, your insurance company is on the hook
in the meantime. And if you lose, they are still on the hook.
Yes, that’s what insurance is for. But that doesn’t mean insurance companies enjoy paying those huge sums of money. (Spoiler Alert: They hate it.) Insurance only works if the majority of clients never need to policies for which they pay. Their favorite customers are the ones they never have to pay.
Your injury is expensive to them. That means you are no longer their favorite customer. Their goal now becomes to pay as little as they can and still fulfill their legal obligation. Since you are now a legal obligation, you’re gonna need your own legal representation whose interest is to make sure you get all the coverage you are due. Do not let the insurance company talk you into using their attorney in this case.
Now understand, none of this is to insult the integrity of insurance companies. They are one of the most regulated industries there is. (But, yeah, think about why that is for a second…) They are just made up of humans who have goals and motivations that are different from yours. You signed up for insurance to protect yourself in case of an accident—hoping never to have to use it, but assuming it would be there if you did. They signed you up because they were convinced you would never be in an accident—hoping if you were, they could pay out the bare minimum. Because profits.
However, as much as I hate recommending getting involved with lawyers, hiring your own attorney is more beneficial in these cases, because they don’t get paid unless you do. In all honesty, your lawyer doesn’t like you any more than your insurance company does. But his goals are more aligned with yours: Get paid. A good insurance company gets you through the initial trauma of an accident. A good attorney gets you the rest of the way.
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