Ida Grove Personal Injury Attorneys

If you have been injured in Ida Grove because of someone else's negligence, you are likely dealing with medical bills, missed work, and an insurance company that does not have your best interests in mind. Understanding how insurance companies operate, what your rights are when it comes to settlement offers, and how to protect the value of your claim can make a significant difference in the outcome of your case. Below is important information every injured person in Ida Grove should know before dealing with an insurance adjuster on their own.

Why the Insurance Company Is Not Always on Your Side

Insurance companies are in business to make a profit, and they would rather collect premiums than pay claims. In Iowa alone, there are more than 100 insurance companies selling policies, ranging from personal injury coverage to workers' compensation. Just because you or someone else pays premiums to an insurance company does not mean that company is looking out for your interests. Some people mistakenly believe that if they are injured, their own insurance company will pursue a claim against the other party on their behalf. While your insurer may try to recover what it paid for property damage, it is highly unlikely to pursue a claim for your personal injuries.

If you are dealing with another insurance company, such as the insurer for a driver who injured you, there are several things every Ida Grove resident should keep in mind. The insurance company is not representing you or your best interests. It is not required to tell you the truth. It is in the business of making the most profit possible, which means paying you as little as possible. The adjuster you speak with may seem friendly, but that adjuster is not looking out for you, and is under no legal obligation to help you.

Eight Things to Consider When Dealing with an Adjuster Directly

If you are handling communications with an insurance adjuster yourself rather than through an attorney, there are several important points to keep in mind.

Always tell the truth. The adjuster's biggest job is to pay you as little money as possible and close your case. Adjusters want documentation for your lost wages, your medical care, and any prior medical treatment you have had. If you forget to mention or are untruthful about prior medical history, the adjuster is likely to find out and will reduce their offer accordingly.

Understand recorded statements to the other party's insurance company. You are generally not required to provide a recorded statement to the insurance company representing the other party. If they insist on taking a statement, you may be able to agree to answer questions without it being recorded. In some cases you do have a duty to cooperate with an investigation of your own claim, or it could be denied for lack of information.

Understand recorded statements to your own insurance company. If you end up filing a claim against your own insurer, such as when another driver has no insurance or not enough coverage, your policy may require you to give a recorded statement. This statement carries the same weight as testimony given under oath. Be careful with broad questions, such as whether you have ever had pain in a particular area before, since this may be asking about your entire lifetime rather than just your current condition.

Do not hide prior accidents or injuries. Insurance companies maintain databases of claims made throughout the country. Being untruthful about a prior claim, if asked, can raise red flags and damage your case.

Be matter of fact. Adjusters handle large numbers of files and are trained to look for anything that could reduce the value of your claim, including unrelated personal matters you might mention. Stick to the facts, avoid volunteering extra information, and stay calm even if a conversation becomes frustrating. Getting angry or making threats toward an adjuster can hurt your case, since it signals that you may be easy to provoke, which could work against you in front of a judge or jury.

Know your statute of limitations. Under Iowa law, the general statute of limitations for injury claims is two years from the date of injury, though there are exceptions. For example, if you were hit by a drunk driver, you may only have 180 days to provide notice to the bar that served the driver.

Understand what settling means. If you attempt to settle a case on your own, you need to understand that you are typically giving up all rights to future compensation and medical care in exchange for a payment today. Make sure you understand all terms in writing, including which medical bills will be paid and whether your health insurance company needs to be reimbursed for bills it already covered. This reimbursement issue is called subrogation, and failing to address it can leave you responsible for paying your health insurer back out of your own pocket.

Do not wait until the last minute to settle. Waiting does not put pressure on the insurance company. It puts pressure on you. Most qualified Iowa injury attorneys prefer to have at least 120 days before a statute of limitations expires so they have time to investigate the case, identify the proper parties, and prepare necessary documents.

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

In Iowa, you are not required to accept a settlement offer from an insurance company. Before deciding whether to accept, negotiate, or reject an offer, Ida Grove residents should think through a few important questions.

First, are your injuries minor enough that you might be better off handling the settlement on your own, rather than paying an attorney a percentage of the recovery? Second, if your medical bills have already been paid by your health insurance or another insurance company, who will be reimbursing them? As noted above, this is the subrogation issue, and not understanding it can cost you your entire settlement. Third, how much time remains before your statute of limitations expires, after which you may recover nothing at all?

If you are unsure of the answers to any of these questions, it is strongly recommended that you at least speak with a qualified Iowa injury attorney. Failing to do so could cost you thousands of dollars, and in some cases your entire case.

Negotiating a Settlement

It is rare that an insurance company's first offer is its best offer. If you are representing yourself, you should feel free to negotiate with the adjuster, but keep a few things in mind. Anything you tell the adjuster can and will be used against you, both during your claim and later in a lawsuit if one becomes necessary, so be careful about what you say, though you should never lie. If you have prior injuries or accidents, the insurance company is likely to find out about them through shared claims databases.

It is also not a good idea to threaten an adjuster. Being courteous will generally get you further than being angry or confrontational. You should also know the facts of your case cold, including exactly how your injuries happened, who you have treated with, and what conditions you have been diagnosed with.

Before agreeing to any settlement offer in an injury case, it is a good idea to speak with a qualified Iowa injury attorney to determine whether you are being treated fairly or taken advantage of. While friends and family may offer opinions, it is more valuable to consult with someone who deals with insurance companies daily and has handled many injury cases similar to yours.

How the Value of a Claim Is Evaluated

Several factors go into evaluating what an injury claim may be worth, including the severity and extent of the injuries, whether multiple body parts were injured, whether there are objective injuries such as broken bones, whether the injured person was hospitalized, whether surgery was required, how much time was missed from work, what type of work the injured person does, how much insurance coverage is available, and whether there is a potential claim for underinsured motorist coverage.

Can I Trust the Insurance Company?

Many Ida Grove residents wonder whether they can trust the insurance company after an injury. The honest answer is that the insurance company is not on your side, is not required to tell you the truth, and is focused on making a profit, which means paying you as little as possible. Keep this in mind whenever you interact with an adjuster, no matter how friendly they may seem.

Practical Tips for Dealing with Insurance Companies

Tell the truth. Anything you say can be used against you by the insurance company and its lawyers. Even a small lie can damage your credibility, so always be truthful and you will never have to worry about what you said previously.

Be smart with the adjuster. Watch what you say, since it could later be used against you. Insurance companies employ professionals to handle claims, so it often makes sense to have a professional on your side as well. If you hire an injury attorney, that attorney will handle communications with the insurance company on your behalf.

Keep documentation. Document your damages by keeping a diary or journal describing how you feel day to day. This record can help prove the extent of your damages and may lead to a higher evaluation of your claim. Keep doctors' excuses for missed work, track time missed for appointments, and retain medical bills and explanation of benefits forms from your health insurer.

Be thorough at medical appointments. The records generated at your medical appointments are critical. They include your description of how you were injured, your physical complaints, the findings from your examination, and the treatment you received. Tell your medical providers about everything that hurts. If a problem is not mentioned until weeks or months after an accident, the insurance company will likely argue that it was not related to the accident and reduce its offer accordingly.

Attend medical appointments regularly. Failing to see a physician regularly can be viewed as evidence that you have fully recovered, both by the insurance company and potentially by a judge or jury later on. If your doctor tells you to follow up as needed, that means returning within a few weeks if you are still experiencing problems. Skipping follow-up appointments can be interpreted as a sign that you have made a full recovery, even if that is not the case.

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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