Manchester Personal Injury Attorneys

The Reality of How Insurance Companies Operate

There are more than 100 insurance companies selling policies in Iowa alone, ranging from personal injury coverage to workers' compensation. Many people assume that because they pay premiums faithfully, their insurance company will look out for them when something goes wrong. That assumption is often wrong.

Insurance companies are businesses, and like any business, they are in operation to make a profit. That means they would rather collect premiums than pay claims. If you are dealing with another party's insurance company, such as the carrier for a driver who injured you or a workers' compensation insurer for your employer, it is important to understand the following from the start:

• The insurance company is not representing you or your best interests.
• They are not required under the law to tell you the truth.
• The insurance adjuster may be friendly, but their job is to pay you as little as possible and close your claim.
• Insurance companies are in the business of selling insurance and have no incentive to pay out more than they must.

Some people believe that their own insurance company will go after another party on their behalf if they are injured. While your insurer may pursue the other party for property damage they have already reimbursed, it is highly unlikely that they will pursue a claim for your personal injuries. Understanding whose side the insurance company is actually on is the foundation for protecting yourself throughout the entire claims process.

You Do Not Have to Accept the Insurance Company's First Offer

One of the most important things any injured person in Manchester can know is this: you are never required to accept an insurance company's settlement offer. The first offer an insurer makes is rarely their best offer. It is almost always a starting point designed to close your claim for as little money as possible.

Before you decide whether to accept any offer, negotiate on your own, or hire an attorney, there are several critical questions you need to have clear answers to:

• Are your injuries minor enough that settling on your own makes sense, without the cost of attorney representation?
• Have your medical bills been paid by your health insurance or another carrier? If so, that company likely has a subrogation right, meaning they are entitled to reimbursement from any settlement you receive. Failing to address subrogation properly can result in you owing back the entire settlement amount out of your own pocket.
• How much time remains before your statute of limitations expires? Under Iowa law, most personal injury claims must be filed within two years of the date of the injury. There are important exceptions to this general rule, such as cases involving a drunk driver, where you may have only 180 days to provide notice to a bar that served that driver. If you let the clock run out, you will likely receive nothing.

If you do not have confident answers to all of these questions, speaking with a qualified Iowa injury attorney before accepting any offer is strongly recommended. Failing to do so can cost you thousands of dollars, and in some cases, your entire claim.

How Is the Value of a Personal Injury Claim Determined?

No two personal injury cases are identical, but they do share common factors that influence their value. When evaluating a claim, the following considerations all play a role:

• The severity and extent of the injuries sustained
• Whether multiple parts of the body were injured
• Whether there are objective injuries such as broken bones
• Whether the injured person required hospitalization
• Whether surgery was necessary
• How much time was missed from work as a result of the injuries
• The circumstances of where and how the injury occurred
• The amount of insurance coverage available from all applicable sources
• Whether a claim for underinsured motorist coverage is available

Understanding how all of these factors interact in your specific situation requires experience with the insurance system and a working knowledge of Iowa injury law. Friends and family members may have opinions, but the most reliable perspective comes from someone who handles injury claims on a daily basis and has seen hundreds of cases with similar circumstances.

Smart Strategies for Negotiating With Insurance Adjusters

If you choose to negotiate with an insurance adjuster on your own, there are several ground rules to keep in mind that can protect your claim throughout that process.

Always Tell the Truth

Anything you say to an insurance adjuster can and will be used against you. Even a small inaccuracy or omission can damage your credibility and reduce the value of your claim. Insurance companies have access to shared databases containing all prior injury and property claims made by individuals across the country. If you have prior injuries or accidents and are not forthcoming about them, the adjuster will very likely find out anyway. Being truthful from the beginning means you never have to worry about keeping your story consistent, because it will always be the same.

Be Matter-of-Fact, Not Emotional

Insurance adjusters handle hundreds of files every year and are trained to look for anything that might reduce the value of your claim. If you bring up unrelated personal problems or issues at home, they will attempt to use that information to attribute part of your condition to something other than the accident. Stick to the facts of your case. Provide only the information they specifically ask for and stop. Volunteering additional information can hurt you.

Equally important: do not get angry or make threats. If an adjuster sees that you become easily upset, they will recognize that a judge or jury would likely see the same thing, which may lower their assessment of your claim. If you find yourself becoming frustrated during a conversation, it is perfectly acceptable to tell the adjuster you need a moment or that you will call back later. Staying calm, composed, and focused is in your best interest.

Be Careful With Recorded Statements

You are generally not required to provide a recorded statement to the insurance company representing the other party. If they insist, you may be able to agree to provide a statement that is not recorded. Be especially careful with how questions are framed. A seemingly simple question like "Have you ever had back pain before?" is asking about your entire lifetime, not just at the time of the injury. Answering incorrectly, even innocently, can be used to undermine your claim if the insurer discovers a history of prior treatment you did not mention.

In workers' compensation cases, you do have a duty to cooperate with the investigation or your claim could be denied. If you are going to provide any statement, recorded or otherwise, speaking with an attorney beforehand is strongly advisable.

Do Not Hide Prior Accidents or Injuries

Insurance companies share databases with each other and have access to records of prior claims made anywhere in the country. Attempting to conceal a past accident or injury will not only raise a red flag in your file, but can cause serious damage to your credibility if the adjuster uncovers it during the investigation. Disclosing prior injuries does not automatically destroy your claim. Hiding them very often does.

How to Protect Your Claim From Start to Finish

Beyond managing your interactions with the insurance adjuster, there are practical daily steps that can meaningfully strengthen your personal injury claim. A Manchester personal injury attorney will advise you on all of these, but the following are among the most important:

Keep Detailed Documentation

Document your damages by keeping a diary or journal that records how you are feeling each day. This written record helps establish the ongoing extent of your injuries and can contribute to a higher evaluation of your claim. Keep doctors' excuses for any missed work, track time missed for medical appointments, and retain all medical bills and explanation of benefits forms you receive from your health insurance company. Every piece of documentation supports the full picture of what you have been through.

Be Thorough at Every Medical Appointment

The medical records created during your treatment are among the most important documents in your entire case. They contain your description of how you were injured, your physical complaints, your diagnosis, the examination findings, and the treatment you received. Tell your medical providers everything that hurts, every problem you are experiencing, and every way the injury is affecting your daily life. The insurance company will base its offer largely on this clinical record. If you fail to mention a symptom to your doctor and it is not documented, the insurer will likely claim that symptom was not caused by the accident and will adjust their offer accordingly.

Attend All Medical Appointments Regularly

Failing to attend medical appointments consistently sends a signal to the insurance company and potentially to a judge or jury that you have recovered. If your doctor says "follow up as needed," that means return in a few weeks if you are still experiencing problems. Not returning is treated as evidence that your problems have resolved. Keep your appointments, report your ongoing symptoms, and let the medical record reflect an accurate and continuous picture of your recovery.

What You Need to Know Before Settling Your Claim

Before agreeing to any settlement offer, it is essential to understand what you are giving up. In nearly every personal injury settlement, you will be required to sign a release that surrenders your right to any future compensation or medical care related to the injury in exchange for the payment you receive today. Once that release is signed, there is no going back.

Do Not Wait Until the Last Minute to Act

Waiting too long to pursue your claim is one of the most damaging mistakes an injured person can make. Iowa's statute of limitations gives most personal injury claimants two years from the date of the injury to file a lawsuit, but there are exceptions that can shorten that window considerably. Waiting until the last minute does not pressure the insurance company. It only pressures you.

Most experienced Iowa injury attorneys will want at least 120 days before your statute expires to properly investigate, identify all responsible parties, and prepare the filing documents. If you try to negotiate at the very end and those negotiations fail, finding an attorney who will take your case with only weeks remaining before the deadline becomes extremely difficult. Acting early gives your attorney the time they need to build the strongest possible case and gives you the best possible position going into any negotiation.

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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