Hiawatha Personal Injury Attorneys

1. The Insurance Company Is Legally Permitted to Mislead You

There is no law requiring the insurance company on the other side to tell you the truth or act in your best interests. This is why adjusters sometimes behave in a warm, friendly manner, especially when your injuries are serious. This approach is sometimes called the "Mr. Nice Guy" or "Mrs. Nice Lady" routine, and it is a deliberate strategy. Their job is to pay you as little money as possible. They will not tell you what your rights are, what the best course of action is for your claim, or anything else that benefits you. The cold hard truth is that you cannot trust what the opposing insurance company tells you. They are not looking out for you and will take advantage of every opportunity they get.

2. You Are Not Required to Give a Recorded Statement

The adjuster will tell you they need a recorded statement in order to evaluate your claim. This is not true. You have no legal obligation to provide the opposing insurance company with a recorded statement. The reason they want one is so they can ask questions in a way that allows them to use your answers against you later. For example, if they ask whether you have ever had back pain before and you answer no without thinking carefully, then your old chiropractic records surface, they will use that inconsistency to damage your credibility. Your credibility is one of the most valuable assets in any injury case, which is precisely why the adjuster will try to undermine it at the earliest opportunity. Before speaking with any adjuster, consult with a qualified injury attorney.

3. Their "Final Offer" Is Rarely Their Best Offer

During settlement negotiations, insurance companies routinely tell injured people that a given offer is their final one. In most cases, it is not. There is little to lose by making a counter-proposal. It is highly unlikely they will respond by withdrawing the offer entirely. Sometimes you may need to file a lawsuit and move through the litigation process before the insurance company reveals what they are genuinely willing to pay. Do not accept a "final offer" at face value without first understanding what your case is actually worth.

4. Frustrating You Is a Deliberate Strategy

When the friendly routine does not produce the result the adjuster is looking for, a different tactic often follows: deliberate frustration. A very low initial offer may make you angry. The adjuster understands that a certain percentage of injured people will accept a low-ball settlement simply to be done with the process. In their calculation, making you frustrated is a win, because many people will settle just to stop dealing with them. If you have sustained a serious injury that could affect your health for the rest of your life, do not let that frustration drive your decision. Experienced injury attorneys deal with these tactics every day, and having one in your corner means the insurance company deals with your attorney instead of trying to wear you down directly.

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

Adjusters will often tell you to send your medical bills directly to them. This does not mean those bills will be paid as they arrive. This is a strategy designed to set you up for financial pressure later. As collection calls start coming in from hospitals and doctors months down the road, you may feel desperate enough to accept whatever settlement amount the insurer offers just to make the calls stop. In car accident and personal injury cases, it is far better to have your medical bills paid through your own health insurance or through the medical payments coverage in your own auto policy, rather than waiting on the other side's carrier. Otherwise, your credit rating may suffer and you could end up holding the bill for years while your case works its way toward resolution.

One additional complication to be aware of: subrogation. Nearly all insurance policies contain a subrogation provision, which means the insurer that paid your medical bills has the right to seek reimbursement from any money you recover from the at-fault party. Understanding how subrogation works and how it affects your net recovery is another reason to have an attorney review your situation before you accept any settlement offer.

How Arbitration Works

Arbitration is in some ways similar to a courtroom hearing, but with fewer formal rules governing the use of evidence. An arbitrator reviews the facts and evidence, listens to testimony from witnesses, and then makes a decision. It is generally less costly than full litigation and typically takes less time to complete.

Both parties must agree on who will serve as the arbitrator. The hearing can be held in virtually any setting, which makes it more convenient and less intimidating than a courthouse proceeding. Each side presents their case and there may or may not be formal opening and closing statements.

Facts are established through evidence, which may include tangible items, medical records, photographs, video footage, and other relevant documentation. Witnesses testify and are cross-examined, including fact witnesses who observed the incident and expert witnesses such as medical professionals or accident reconstruction specialists.

Arbitration can be binding or non-binding. In binding arbitration, the arbitrator's decision is final and the parties must accept it. In non-binding arbitration, either party may choose to reject the decision and pursue other options, including litigation.

How Mediation Works

Mediation is a less formal process and is more commonly used in personal injury cases. Like arbitration, it helps avoid the time, expense, and stress of litigation. The key distinction is that a mediator does not make a decision or issue a ruling. The mediator is an unbiased third party whose role is to allow both sides to present their perspectives and then guide them toward a mutually acceptable resolution. The mediator does not offer opinions on the merits of either side's case.

Most mediation sessions begin with both parties in the same room. The mediator then separates them into different rooms and moves between the two, carrying offers, counter-offers, questions, and requests back and forth. The process involves give and take, and both parties should expect to make some compromises in order to reach resolution. If the parties are unable to reach an agreement through mediation, the case may still proceed to trial.

One meaningful advantage of mediation over trial is the level of control it gives the injured person over the outcome. If the case goes to trial and the other side prevails, the injured person could receive nothing. Mediation allows both sides to shape a resolution that each finds acceptable, rather than leaving the outcome entirely in the hands of a judge or jury.

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.

More Info on Hiawatha Attorneys