Decorah Personal Injury Attorneys

Insurance Companies Are Not on Your Side

This may be difficult to accept, particularly if the adjuster handling your claim seems friendly and helpful. However, the reality is straightforward: insurance companies are in business to make a profit, and they would rather collect premiums than pay claims. The insurance adjuster may be pleasant to work with, but that adjuster is not on your side and is under no legal obligation to help you or even tell you the truth.

In fact, insurance companies are among the richest and most powerful corporations in the United States. Each year they donate millions of dollars to politicians in an effort to reduce the rights and compensation available to hardworking Iowans. What they do not control, however, are the judges and juries who ultimately decide how much compensation an injured person receives. That is an important fact to keep in mind as you navigate your claim.

What many injury victims do not realize is that the insurance adjuster's primary job is to pay you as little money as possible and get your case closed. They are not required by law to treat you fairly. In fact, adjusters who build a track record of settling cases for less than their true value are often the ones who receive bonuses and promotions. They are not going to tell you what your rights are, how best to proceed with your claim, or anything else that is genuinely in your interest.

The 5 Things Insurers Do Not Want You to Know

There are several critical facts that insurance companies would prefer injured claimants never find out. Understanding them can protect your case and your compensation.

1. The Insurance Company Is Legally Allowed to Mislead You

There is no law requiring the insurance company for the other side to tell you the truth or act in your best interests. This is why some adjusters will perform what experienced Iowa injury attorneys call the "Mr. Nice Guy" or "Mrs. Nice Lady" routine, especially when your injuries are serious. Building a sense of trust with you is a deliberate strategy. Do not fall for it. If you are not ready to hire an attorney, at the very least educate yourself. A free copy of the Iowa Injury Book can help you understand your rights before you take any action.

2. You Generally Do Not Have to Give a Recorded Statement

An adjuster may tell you that a recorded statement is required before they can evaluate your claim. That is not true when it comes to the other party's insurance company. The reason they want a recorded statement is so they can ask questions in a way that allows them to use your own answers against you later. For example, they may ask whether you have ever experienced back pain before. If you answer no, but your medical records show chiropractic treatment from years ago, your credibility and possibly your entire case can be seriously damaged.

In workers' compensation cases, a non-recorded statement may be appropriate while the claim is still under investigation, but you should consult with a qualified injury attorney before providing any statement, recorded or otherwise. What you say to an insurance adjuster can and will be used against you.

3. Their "Final Offer" Is Usually Not Their Best Offer

When an insurance company tells you during negotiations that their offer is final, that is rarely the truth. It is very uncommon for the first offer to also be the best offer. You have very little to lose by making a counter-proposal. In many cases, you may need to file a lawsuit and move through the legal process before the insurance company presents their real best offer. Insurance adjusters use a range of tactics to keep settlement values low, and knowing this ahead of time puts you in a stronger position.

4. They Will Intentionally Frustrate You

When the friendly approach stops working, some adjusters shift to deliberate frustration tactics. Making a low initial offer can provoke anger, and insurance companies know that a certain percentage of claimants will accept far less than their case is worth simply to stop dealing with the adjuster. If you have sustained a serious injury with potential lifelong health effects, do not let impatience cost you the compensation you deserve. Experienced injury attorneys deal with insurance adjusters every single day and know exactly how to handle these tactics. When you hire an attorney, they take over all communication with the insurance company so you can focus on healing.

5. They Will Not Pay Your Medical Bills As You Incur Them

Insurance adjusters will often tell you to send your medical bills directly to them. This does not mean they will pay those bills promptly or at all. This is a deliberate strategy to leave you financially stressed and vulnerable when collection calls start coming in from hospitals and doctors, making you more likely to accept a low settlement offer. In car accident and personal injury cases, it is best to have your medical bills covered through your health insurance or through the medical payments coverage in your own auto policy. Otherwise, you could be waiting years for your case to resolve while your credit rating suffers and your bills go unpaid.

Do You Have to Accept the Insurance Company's Settlement Offer?

The short answer is no. In Iowa, you are never required to accept a settlement offer from an insurance company. However, there are several important considerations before you decide how to proceed on your own.

First, think about the severity of your injuries. If your injuries are minor, you may decide it makes more sense to handle the matter yourself rather than pay an attorney a percentage of your settlement. But if your injuries are significant, involve surgery, hospitalization, or time away from work, the value of your case is likely much higher than the adjuster's initial offer reflects.

Second, if your medical bills have been paid by your health insurance, you need to understand subrogation. Subrogation is the right of your health insurer to be reimbursed out of any settlement you receive. If you do not account for this properly, you could end up owing your entire settlement back to your health insurance company. This is one of the many areas where a qualified Iowa injury attorney can protect you from costly mistakes.

Third, you need to be aware of Iowa's statute of limitations. Under Iowa law, you generally have two years from the date of your injury to bring a personal injury claim. However, there are important exceptions. For example, if you were hit by a drunk driver, you have only 180 days to provide written notice to the bar or establishment that served the driver. If you are not certain which deadline applies to your case, contact an attorney immediately.

How to Evaluate the True Value of Your Injury Claim

Before agreeing to any settlement, it is worth understanding the factors that go into determining what a claim is truly worth. Every case is unique, but experienced Iowa personal injury attorneys generally consider the following when evaluating a claim:

• The severity and extent of your injuries
• Whether multiple body parts were injured
• Whether there are objective injuries such as broken bones
• Whether you were hospitalized or required surgery
• How much time you missed from work and what your earnings were
• The total amount of available insurance coverage
• Whether an underinsured motorist claim may apply

These factors can significantly increase the value of a case beyond what an adjuster's initial offer suggests. Asking a friend or family member for their opinion on a settlement offer is natural, but it is far more valuable to ask someone who handles injury cases every day and negotiates with insurance companies regularly. No two cases are identical, but experienced attorneys recognize the patterns that adjusters try to exploit.

Smart Strategies When Dealing With Insurance Adjusters Directly

If you do choose to handle your claim without an attorney, at least for the initial stages, there are several principles to keep firmly in mind.

Always tell the truth. The insurance adjuster will not simply take your word for anything and will want documentation for your medical care, lost wages, and prior injuries. If you forget to mention prior treatment or downplay previous conditions, the adjuster will likely find out through shared insurance databases. Being caught in even a minor inconsistency can significantly damage your credibility and reduce the value of your case.

Be matter-of-fact. Insurance adjusters handle hundreds of files a year and are trained to look for information that reduces the value of your claim. Stick to the facts of your case and provide only what is asked. Volunteering unrelated personal information, particularly about relationship or family difficulties, gives the adjuster ammunition to argue that your problems are not related to your injuries.

Stay calm. Getting angry with an insurance adjuster can actually work against you. Adjusters who see that a claimant is easily riled up may reduce their offer because an angry person is less effective in front of a judge or jury. If you feel yourself getting upset during a conversation, tell the adjuster you need a few minutes, step away, and call back when you are composed.

Do not hide prior accidents or injuries. Insurance companies maintain shared databases containing records of every insurance claim made in the United States, including both property and personal injury claims. If you fail to disclose prior claims when asked, it will almost certainly come to light, and the damage to your credibility can be severe.

Do not wait too long. Trying to negotiate a settlement in the final weeks before your statute of limitations expires is a serious mistake. You will not pressure the insurance company by waiting, but you will put enormous pressure on yourself. Most qualified Iowa injury attorneys will need at least 120 days before your statute expires to properly investigate your case, identify all responsible parties, and prepare the necessary documents. If you are running out of time, act now.

When a Recorded Statement Is Required by Your Own Insurance Company

If you are making a claim against your own insurance company because the at-fault driver carried little or no insurance, your policy may actually require you to provide a recorded statement. A recorded statement carries the same legal weight as a deposition taken under oath. If you do not fully understand a question being asked, say so. Do not guess, and do not answer a broader question than the one being asked. A question like "Have you ever had back pain before?" does not refer only to the time of the accident but to your entire lifetime. Answering incorrectly, even inadvertently, can be used to undermine your entire case.

For guidance on handling depositions and recorded statements, Iowa injury attorneys at Walker, Billingsley and Bair have developed resources specifically to help injured Iowans prepare. The bottom line is that if you have any doubts, speak with an attorney before agreeing to any recorded statement.

Attempting to Settle Your Case on Your Own

If you decide to negotiate a settlement without legal representation, you need to fully understand what you are agreeing to. Accepting a settlement almost always means giving up all rights to future compensation and medical care in exchange for a lump sum payment today. You must also ensure that any agreement clearly identifies which medical bills are to be paid, who will handle reimbursement to your health insurance if it has paid out on your behalf, and that all terms are committed to in writing.

In car accident cases, for instance, failing to address health insurance subrogation in a settlement agreement can result in you being legally required to pay your insurer back out of your own pocket after the settlement funds are gone. This is precisely the type of situation where speaking with an experienced Iowa injury attorney before signing anything can save you thousands of dollars.

Why Decorah Injury Victims Need Experienced Legal Representation

Whether your injury happened on a highway near Decorah, at a workplace in Winneshiek County, or anywhere else in northeast Iowa, the insurance company handling your claim operates the same way regardless of where you live. They are a large, well-funded corporation with experienced adjusters and attorneys working to minimize what they pay you. You deserve someone equally experienced fighting on your behalf.

Iowa injury attorneys who handle cases throughout the state understand how insurance companies in Iowa operate, what the realistic value of your claim is, and how to counter the tactics adjusters use to reduce settlements. They deal with insurance adjusters every single day and know how to push back effectively without letting frustration tactics derail the process. When you have an attorney handling communications on your behalf, you are free to focus on recovering from your injuries rather than battling a large corporation on your own.

We Are Here To Help

Remember, you are not alone in recovering from your injuries. We have helped thousands of Iowans through their physical, emotional, and financial recoveries. If you have questions about what you are going through, feel free to call our office for your confidential injury conference. We will take the time to listen to you and give you our advice concerning your injury matter at no cost or risk to you.

Free Book at No Cost 

If you are not ready to speak with an attorney yet but would like to learn more about Iowa injury cases including tips about how you can avoid making common costly mistakes request a copy of our Iowa Personal Injury book which includes 14 myths about Iowa injury cases and 5 things to know before hiring an attorney.

If you have specific questions about your injury matter feel free to call our office to speak with our Injury team at 641-792-3595 or use our Chat feature by clicking here 24 hours a day/7 days per week. Your information will remain confidential and there is no cost or obligation.

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