Moville Personal Injury Attorneys

After an accident, one of the biggest hurdles a Moville resident faces is not the injury itself, but the insurance company standing between them and fair compensation. Insurance adjusters are trained professionals whose job is to protect their company's bottom line, and understanding how they operate can make a real difference in the outcome of a claim. The Moville personal injury attorneys at Walker, Billingsley & Bair want local accident victims to understand why the insurance company is not always on their side, what to expect when dealing with adjusters, and how the claims process works after an injury such as a head injury from a bike accident.

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. The insurance adjuster may be nice to you, but remember that the adjuster is not on your side, is under no obligation to help you, and is not even required under the law to tell you the truth. If you are dealing with an insurance adjuster directly instead of hiring an attorney, there are several things you should consider.

Always Tell the Truth

The insurance adjuster's biggest job is to pay you as little money as possible and get your case closed. They will not just take you at your word and will want documentation for your lost wages, medical care, and importantly, any prior medical care you have received. If you forget about prior medical treatment or are not truthful with the adjuster, they will likely figure it out and reduce their offer accordingly.

Recorded Statements

You are generally not required to provide a recorded statement to the other party's insurance company. If they insist on taking a statement, you may want to agree to provide one, but ask that it not be recorded. If you end up making a claim against your own insurance company, such as when the other driver does not have enough insurance, your own policy may require you to give a recorded statement. Keep in mind that a recorded statement carries the same weight as a deposition given under oath, so if you are asked a question you do not understand, speak up rather than risk answering it incorrectly. Be especially careful with broad questions like whether you have ever had a certain type of pain, since this may refer to your entire lifetime rather than just the time since your accident.

Do Not Try to Hide Prior Accidents or Injuries

Insurance companies have access to databases containing claims history from across the country. If you are not truthful about prior claims, this will raise a red flag in your file and may hurt your case if it comes out later, especially if you were asked about it directly during a recorded statement.

Be Matter of Fact

Insurance adjusters handle hundreds of files every year and generally do not want to hear opinions or unrelated details about your life. Volunteering extra information can hurt your case, since an adjuster may look for unrelated issues to blame instead of your injuries. It is also a bad idea to get angry with an adjuster. Getting upset or making threats signals that you are easy to provoke, which can hurt you later in front of a judge or jury. Try to stay calm, cool, and collected, and if you need a moment, it is fine to step away or call the adjuster back later.

Know Your Statute of Limitations

You should know how long you have to bring a claim. Under Iowa law, it is generally two years from the date of injury, though there are exceptions. If you are unfamiliar with the Iowa laws that apply to your situation, it is worth contacting a qualified attorney to ask.

Be Careful When Attempting to Settle on Your Own

If you are attempting to settle a case on your own, understand that you are likely giving up all rights to future compensation and medical care in exchange for a sum of money today. Make sure you understand all the terms, and that they are in writing, including who will pay your medical bills and how any subrogation, or reimbursement owed to your health insurer, will be handled.

Tips in Dealing With Insurance Adjusters

There are hundreds of insurance companies in America and thousands of insurance adjusters, but they tend to have a few things in common. They are trained in techniques to reduce the value of your claim and convince you to take a small settlement, and they generally have the upper hand when you are not represented by an attorney who knows the law. While they may act like your friend, they do not have your best interests in mind, and their overall job is to pay you as little money as possible in order to maximize company profits.

Not All Adjusters Work the Same Way

Some claims in Moville are handled directly by an insurance company's own adjusters, who may be reasonably responsive to phone calls, emails, and letters, even if they are not truly on your side. Other claims are handled by third-party administrators, which are companies hired to adjust claims on behalf of a self-insured employer or another insurance company. These third-party administrators can sometimes be more difficult to work with, including obtaining records or getting timely return calls.

Larger insurance companies often have in-house attorneys available to assist their adjusters when a question or complication arises in a case. Sometimes an attorney will even take over a case from the adjuster. If the insurance company assigns an attorney to your case, it is worth strongly considering your own legal representation, since you could make costly mistakes if you are not properly represented against an experienced opponent.

When You Might Not Need an Attorney

Not every case requires legal representation. Some situations can genuinely be handled on your own, and a reputable firm should be willing to tell you if that is the case rather than pushing you toward hiring an attorney unnecessarily. If you are unsure whether your Moville injury claim needs legal help, an injury case review can help you understand your options at no cost or risk.

Filing a Claim for a Head Injury from a Bike Accident Near Moville

Bicyclists, especially those who do not wear helmets, are at serious risk of sustaining a head injury in an accident with a motor vehicle. Victims and their loved ones may feel overwhelmed by the process of filing an injury claim after a head injury.

Who Is Liable for the Injuries?

The first step in the claims process is often determining who is responsible for the damage. In Iowa, the party at fault for the injury is the party liable for it. In the event of a bike accident near Moville, it is likely that the motor vehicle driver involved was to blame, meaning the driver's insurance would be liable for paying for damages.

How to Prove Liability

The at-fault driver may try to avoid responsibility by claiming the cyclist did something to contribute to the crash. You can substantiate your claim and prove liability with evidence such as police reports, physical evidence from the scene, and witness testimony. You will also need to prove that your head injury was a direct result of the accident and not independent of it.

How Much Compensation Might Be Available?

The insurance adjuster responsible for overseeing your claim is the one who makes an initial determination, and the amount depends on the extent of the damages suffered. Circumstances that come under consideration include the extent of your injuries, the amount of your medical bills, whether you have lost time from work or lost your ability to work, and whether your bike needs to be replaced. If you were partially at fault for the accident, your damage amount may be reduced. For example, rear bicycle lights are becoming mandatory in Iowa, and if you were riding at night without them, the driver may argue that you contributed to the crash through negligence.

When a Settlement Amount Is Not Enough

If you are offered a settlement that is not sufficient, you do not have to accept it. You have the right to negotiate for a higher amount and, if necessary, file a claim against the at-fault driver in civil court. To do so, you need to file your claim within two years, pursuant to Iowa Code section 614.1. Because brain injuries often cause significant damages, a civil suit may be necessary to recover your full compensation.