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Dealing with an injury is stressful enough without having to navigate the insurance claims process at the same time. Insurance adjusters are trained to protect their company's bottom line, not the injured person's interests, and the way symptoms show up after an accident does not always follow a clean, predictable timeline. Below, the Onawa personal injury attorneys at Walker, Billingsley & Bair explain why the insurance company is not always on your side, how different insurance companies and their adjusters tend to operate, and what it means if your injuries do not appear right away.
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 out claims. The adjuster assigned to your case may seem friendly on the phone, but remember that the adjuster is not on your side. They are under no obligation to help you, and they are not even required by law to tell you the truth. If you are dealing with an insurance adjuster directly after an accident in Onawa, instead of working with an attorney, here are several things worth keeping in mind.
- Always tell the truth. The adjuster's job is to pay you as little as possible and close your case quickly. They will want documentation for lost wages, medical care, and any prior medical history. If you forget or misstate prior treatment, the adjuster will likely find out and reduce their offer accordingly.
- Be careful with recorded statements to the other party's insurer. You are generally not required to provide one. If the company insists, you can agree to give a statement that is not recorded.
- Understand recorded statements to your own insurer. If you make a claim against your own policy, your policy may require a recorded statement. This statement carries the same weight as testimony given under oath, so listen carefully to every question before answering.
- Do not hide prior accidents or injuries. Insurance companies maintain databases of prior claims. Failing to disclose a past claim can damage your credibility and your case.
- Stick to the facts. Adjusters handle hundreds of files a year and are trained to look for anything that could reduce the value of your claim. Volunteering unrelated personal information, or getting angry during a conversation, can work against you.
- Understand what you are giving up before settling on your own. A settlement typically means giving up all future rights to compensation and medical care in exchange for a payment today. Make sure you understand every term in writing, including who is responsible for paying back your health insurer, a process known as subrogation.
- Do not wait until the last minute to settle. Waiting does not pressure the insurance company. It pressures you. Most qualified Iowa injury attorneys want time before a statute of limitations expires so they have the opportunity to properly investigate and prepare a case.
How Different Insurance Companies and Adjusters Tend to Operate
There are hundreds of insurance companies in America and thousands of insurance adjusters. What they all have in common is that they are trained in techniques to reduce the value of a claim, they may act friendly without having your best interests in mind, and their overall job is to pay you as little money as possible in order to maximize company profits. While every adjuster is different, understanding how some of the larger insurance companies commonly operate can help an Onawa accident victim know what to expect.
Large National Insurers
Some of the largest insurance companies doing business in Iowa provide coverage for property, casualty, and workers' compensation claims. Their adjusters often have access to in-house attorneys who may take over a file when a difficult question or problem arises. If an insurance company assigns an attorney to a case, it is worth considering hiring your own attorney as well, since it becomes much easier to make a costly mistake without proper representation.
Third-Party Administrators
Some claims are handled by third-party administrators rather than a traditional insurance company. These administrators work on behalf of a self-insured company or another insurer that does not have its own claims staff. They can often be more difficult to deal with than a typical insurance adjuster, including delays in obtaining records, returning phone calls, and responding to letters.
Large International Insurers
Some insurers are massive international companies with locations throughout the world and many subsidiary brands. A claim handled by one of these companies is often assigned to an adjuster located far from Iowa, who may not be familiar with the details of Iowa law. These adjusters are generally trained to pay as little as possible regardless of what state law may actually provide.
Adjusters With In-House Legal Support
Certain insurers maintain in-house attorneys who assist adjusters with strategy in the background, or who take a more active role and essentially act as the adjuster on a case. When an insurance company is in a position of power, with more resources, legal knowledge, and training in negotiation tactics, it becomes very difficult for an unrepresented Onawa accident victim to receive fair compensation.
The Common Thread
Regardless of which company is involved, the adjuster's role is the same: minimize what the company pays out. Some adjusters are pleasant to work with on the phone, and some are difficult to reach or unresponsive. Either way, it is important for an Onawa accident victim to remember that a nice-sounding adjuster is still working for the insurance company, not for the injured person.
What If My Accident Injuries Don't Appear Right Away?
If you have been hurt in a car accident or another type of personal injury, sometimes you will not have pain until later the same day or even the next day. Regardless of when your pain starts, you should immediately seek medical care and treatment.
Why Symptoms Might Not Show Immediately
Often your adrenaline may spike after a car accident, and other hormones like cortisol can be released, which temporarily makes you feel no pain. If you have ever lifted heavy weights or worked out too hard, you know that muscle soreness does not always show up until the next day. What is important is that once you start feeling pain after an injury or accident, you promptly seek medical care to document your pain so you can begin your healing journey.
If I Waited to Seek Medical Care, Am I Too Late?
Not necessarily, but waiting will raise a red flag of suspicion to the insurance adjuster assigned to your case. Make sure that you tell your doctor when the pain started and why you did not immediately seek medical care. Going to the emergency room, urgent care, or your regular doctor can be inconvenient, but failing to go can cost you your claim and case.
What if New Symptoms Show Up After Treatment Begins?
It is common for people and their doctors to focus only on the medical issues at hand initially. For example, an Onawa accident victim experiencing severe neck pain radiating into an arm might have an MRI reveal a herniated disc requiring surgery. After surgery, the arm pain may improve, but new shoulder pain could surface. You should immediately report any and all additional pain and problems as soon as possible, because it is common for other issues to surface once the most severe condition has been addressed and was previously masking it.
What if I Am Diagnosed With Conditions Months Later?
This can happen for several reasons. If you injure one arm and require surgery, you may start relying more heavily on the other arm, which can lead to overuse and new damage. Similarly, someone with a serious leg injury may not experience back pain until they are up walking again, often with a limp, which can bring on low back and hip pain. These new problems, and how they developed from overuse or returning to activity, should also be reported.
Establishing the Connection to Your Injury
Ultimately, an attorney should have a conference with your doctors to establish which conditions are related to the injury accident, known as a causation opinion. Some attorneys prefer to write a letter instead of meeting with doctors directly, but taking the time to talk with a physician in person often produces a much stronger opinion. While some patients can get a causation opinion from their own doctor, the conversation often results in the doctor simply saying it is "possible." That alone does not carry much weight in the legal field for compensation, since the injured person has the burden of proving it was more likely than not that the accident caused the condition.
Protecting Your Onawa Personal Injury Claim
Whether an Onawa accident victim is dealing with a slow-to-respond insurance adjuster, an insurance company more concerned with its own profits than a fair outcome, or injuries and symptoms that developed well after the initial accident, understanding how to document and report these issues is critical to protecting a claim. Insurance companies of all sizes share the same underlying goal of minimizing payouts, and delayed or evolving symptoms can complicate a claim if they are not properly reported and connected to the original accident.
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.