Denison Personal Injury Attorneys

The Insurance Company Is Not on Your Side

Insurance companies collect premiums to generate profit. When a claim comes in, their financial interest runs directly opposite to yours. The adjuster assigned to your case may be polite and even seem sympathetic, but that person is under no legal obligation to help you, advise you of your rights, or even tell you the truth. Remembering that simple fact is essential every time you interact with anyone from the other side's insurance company.

Insurance companies are among the most powerful corporations in the United States. They donate millions of dollars each year to political campaigns in an effort to limit the rights and compensation available to injured Iowans. What they cannot control, however, are the judges and juries that ultimately decide how much compensation an injured person deserves when cases go to a hearing or trial. That is why they work so hard to settle claims quickly, quietly, and for as little as possible, before you have a chance to fully understand what your case is worth.

8 Things to Keep in Mind When Dealing with an Adjuster Directly

If you are handling a personal injury claim in Denison without an attorney, the following eight points can help protect you during the process.

1. Always Tell the Truth

The adjuster's primary goal is to pay you as little money as possible and get your case closed. They will not simply take you at your word and will require documentation for your lost wages, medical care, and any prior medical treatment you have received. If you omit prior treatment or misrepresent your history, the insurer will likely discover it through their records systems and reduce their offer accordingly. Honesty is both the right approach and the strategically sound one.

2. You Are Generally Not Required to Give a Recorded Statement to the Other Side

Insurance adjusters will often tell you that a recorded statement is required before they can evaluate your claim. That is generally not true. You typically have no legal obligation to give the other party's insurance company a recorded statement. If the adjuster insists on some form of statement, you may agree to provide a non-recorded statement instead. The reason they want a recording is straightforward: they will ask questions designed to produce answers they can use against you later. A question like "have you ever had back pain before?" sounds simple, but if you answer no and your records show years of chiropractic visits, your credibility and your case can both be seriously damaged. If you must give any statement at all, consult with a qualified injury attorney beforehand. For more guidance, visit Should I Give a Recorded Statement After an Injury?

3. Recorded Statements to Your Own Insurer May Be Required

The rules are different when the claim involves your own insurance company, such as in an underinsured or uninsured motorist situation following a car accident where the other driver had little or no coverage. Your own policy may contractually require you to provide a recorded statement. Treat that statement with the same seriousness as a deposition given under oath. If you do not understand a question, say so rather than answering incorrectly. One misunderstood question about prior injuries can undermine an otherwise strong claim.

4. Do Not Try to Hide Prior Accidents or Injuries

Insurance companies have access to shared databases containing records of virtually every prior insurance claim made across the country, including property damage and personal injury claims. Attempting to hide prior accidents or injuries will not only raise red flags in your file but can also seriously harm your case if you fail to disclose this information when asked during a statement or deposition. Transparency about your history, combined with strong legal guidance, is far better than the alternative.

5. Be Matter-of-Fact and Stick to the Facts

Insurance adjusters handle hundreds of files every year and are trained to look for information that can reduce the value of your case. Avoid small talk and do not volunteer information beyond what is directly asked. If you are experiencing unrelated personal difficulties at home, do not raise them. Adjusters will sometimes attempt to attribute a portion of your pain, stress, or lost earnings to unrelated life circumstances rather than your injuries. Staying calm, factual, and brief protects you. If you become upset during a conversation, it is perfectly acceptable to tell the adjuster you need a moment, step away, or offer to call back later.

6. Do Not Threaten the Adjuster

Getting angry or making threats during negotiations is a mistake. As a practical matter, being calm and measured will get you further than being combative. More importantly, if the adjuster can document that you became angry and made threats, they will note that your temperament would likely hurt you in front of a judge or jury, which gives them reason to further reduce their offer. Stay professional throughout every interaction.

7. Know Your Statute of Limitations

Under Iowa law, the general statute of limitations for personal injury cases is two years from the date of the injury. However, there are critical exceptions. For example, if you were injured by a drunk driver who was overserved at a bar, you may have only 180 days to provide notice to that establishment in order to preserve a dram shop claim. If you were injured at work and received weekly workers' compensation benefits, your statute may extend beyond two years. If you are unfamiliar with which deadlines apply to your specific case, contact a qualified Iowa attorney before time runs out. Walker, Billingsley & Bair offers confidential, no-cost consultations and will explain the relevant deadlines for your situation.

8. Understand What You Are Giving Up Before You Settle

If you are attempting to settle your case without an attorney, make sure you fully understand that accepting a settlement means giving up all rights to future compensation and medical care in exchange for a lump sum today. You also need to understand all of the terms in writing. For example, in a car accident case, you need to know precisely who will pay your medical bills and which specific bills are covered. If your health insurance has already paid some or all of your medical expenses, you need to know who will reimburse that carrier. This obligation is called subrogation, and failing to address it in a settlement can result in you personally owing money back to your health insurer out of your own pocket, even after the case is closed. For more on avoiding costly mistakes, watch How to Avoid 8 Common Mistakes in Iowa Injury Cases.

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, deciding whether to accept, counter, or reject an offer requires a clear understanding of several key factors.

First, consider the severity of your injuries. If your injuries are relatively minor, you may ultimately be better off handling the claim on your own to avoid paying an attorney a percentage of a small settlement. But if your injuries are serious, have required significant medical treatment, or may have lasting effects on your ability to work or your quality of life, attempting to negotiate alone carries real risk.

Second, the first offer is almost never the best offer. It is very rare that an insurance company opens negotiations with their strongest number. You should attempt to negotiate in any case where you are representing yourself, but do so carefully. Anything you tell the adjuster during those negotiations can and will be used against you if the case proceeds to litigation. Keep your communications factual, avoid emotional language, and do not lie.

Third, do not wait until the last minute to evaluate your options. Waiting to negotiate does not pressure the insurance company; it pressures you. If negotiations fail and you need to file a lawsuit, most qualified Iowa injury attorneys will want at least 120 days before your statute of limitations expires to properly investigate your case, identify all liable parties, and prepare filing documents. Reaching out to an attorney with only weeks remaining before your deadline severely limits your options and may cost you your entire claim.

How to Evaluate What a Personal Injury Claim Is Actually Worth

Before you accept any settlement offer, it helps to understand the factors that determine a claim's value. A qualified Iowa injury attorney considers all of the following when assessing what fair compensation looks like in a personal injury case:

• The severity and full extent of the injuries sustained
• Whether multiple body parts were injured
• Whether objective injuries are present, such as broken bones visible on imaging
• Whether the injured person was hospitalized
• Whether surgery was required or may be required in the future
• How much time was missed from work and how that affected earnings
• Where and how the injury occurred
• How much insurance coverage is available from the at-fault party
• Whether an underinsured motorist claim can be brought under the injured person's own policy

No two cases are identical, but they share enough common elements that an experienced attorney who handles hundreds of similar claims can quickly identify whether an offer is fair or whether far more compensation is available. Asking a friend or family member for their opinion on a settlement is understandable, but it is not a substitute for guidance from someone who deals with insurance companies every day and knows the full landscape of what cases like yours actually settle for.

5 Critical Things Insurance Companies Don't Want Denison Injury Victims to Know

The following five points represent information that insurers would prefer injured Iowans never learn. Each one has the potential to significantly affect the outcome of a personal injury claim.