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Getting hurt because of someone else's negligence in Parkersburg can be confusing, especially once the insurance company gets involved. Knowing what insurance adjusters do not want accident victims to know, understanding why some injuries do not show up right away, and knowing how to file a claim after a bicycle accident can all make a meaningful difference in protecting a fair recovery.
Below is an overview of three important topics for Parkersburg personal injury victims: what insurance companies would rather you not know, what to do if your injuries do not appear right away, and how to file a bicycle accident claim to recover damages.
What Insurance Companies Don't Want Parkersburg Victims to Know
Insurance companies are among the richest and most powerful corporations in the country, and their financial interest lies in reducing the compensation paid to injured people so they can protect their profits. What they cannot control, however, are the judges and juries who ultimately decide how much compensation is fair when someone has been hurt at work, in a car accident, or in another type of personal injury accident. Based on experience handling these claims, there are several things insurance companies would rather accident victims in Parkersburg not know.
The Insurance Company Is Not Required to Be Honest With You
There is no law requiring the insurance company for the other side to tell an injured person the truth or to act in that person's best interests. This is why an adjuster will sometimes act friendly and try to build trust, a routine that is especially common when injuries are serious. It is a mistake to trust an insurance adjuster, since their job is to pay out as little money as possible, and they are often rewarded with promotions and bonuses for keeping settlements low. An adjuster is not going to explain what rights an injured person has or the best way to proceed with a claim. The insurance company for the other side is not looking out for anyone's best interests and will take advantage of an unrepresented accident victim whenever possible.
You Do Not Have to Give a Recorded Statement
An adjuster will often claim that a recorded statement is required to evaluate a claim, but in reality, there is no obligation to provide one to the insurance company for the other side. The purpose of a recorded statement is to ask questions in a way that can later be used against the injured person. For example, an adjuster might ask whether the person has ever had back pain before, and an unprepared answer of "no" can later look like a lie if medical records show a past issue, even if it was many years earlier and unrelated. Credibility matters greatly in any injury case, which is exactly why the adjuster tries to challenge it early.
Their "Final Offer" Is Usually Not Their Best Offer
During negotiations, an insurance company will often claim that a particular number is its final offer. In reality, this is usually not the case. There is little to lose by proposing a counteroffer, since it is highly unlikely the insurance company will simply withdraw from the negotiation altogether. Sometimes, getting a truly fair offer requires filing a lawsuit and moving through the legal process.
They Will Try to Frustrate You
When the friendly approach does not work, some adjusters intentionally use frustration as a tactic. A very low initial offer can make an injured person angry, and the adjuster knows that some people will accept a low offer just to avoid dealing with the process any longer. A Parkersburg victim facing a serious injury with potential lifelong effects should not let this tactic work. Turning the matter over to an experienced injury attorney means someone who deals with these tactics daily will handle the insurance company, allowing the injured person to focus on healing.
They Will Not Pay Medical Bills as You Incur Them
An adjuster will sometimes ask an injured person to send medical bills directly to the insurance company, but that does not mean those bills will actually be paid. This tactic is often used to pressure a person into settling cheaply later, once collection calls from creditors and medical providers start coming in. In car accident and personal injury cases, it is best to have medical bills paid through health insurance or medical payments coverage under an auto policy, since it can take years to resolve a claim against the other side, and credit can be damaged in the meantime.
What If Your Injuries Don't Appear Right Away?
Sometimes an injury from an accident does not cause pain until later the same day, or even the next day. Regardless of when pain starts, it is important to seek medical care and treatment immediately once symptoms appear.
Why Symptoms Might Not Show Immediately
After an accident, adrenaline often spikes, and hormones like cortisol can be released, temporarily masking pain. Anyone who has ever lifted heavy weights or pushed through an intense workout knows that soreness sometimes does not appear until the following day. Once pain from an accident does begin, it is important to promptly seek medical care both to document the injury and to begin the healing process.
Is It Too Late If You Waited to Seek Care?
Waiting more than a week to seek medical care after an accident is not necessarily too late, but it will raise a red flag for the insurance adjuster handling the claim. It is important to tell the treating doctor exactly when the pain started and why medical care was not sought right away. A trip to the emergency room, urgent care, or a regular doctor may feel inconvenient, but failing to go can end up costing an injured person their entire claim.
What if New Pain Shows Up After Treating an Initial Injury?
It is common for patients and their doctors to focus only on the most obvious medical issue at first. For example, someone with extreme neck pain radiating into an arm following an accident may later discover, after treatment for the neck injury, that they are now having new problems with their shoulder. It is important to report any and all new pain and problems as soon as they arise, since one severe condition can sometimes mask a second underlying injury.
What if a New Diagnosis Comes Months Later?
New conditions can develop well after an initial injury for a number of reasons. Someone who injures one arm and requires surgery may begin overusing the other arm, which can eventually cause damage on that side as well. Similarly, someone with a serious leg injury may not experience back pain until they are walking again, often with a limp that creates new strain on the low back and hips. Any new problems that arise from these kinds of compensating movements should be reported as they occur.
Establishing which conditions are related to the original injury, known as a causation opinion, generally requires having an attorney work directly with the treating doctors. A doctor's opinion that a connection is merely "possible" is not enough to prove a claim, since the injured person carries the burden of showing it is more likely than not that the condition was caused by the accident.
Filing a Bicycle Accident Claim in Parkersburg
A bicycle accident claim filed with an insurance company can help an injured Parkersburg cyclist recover damages following a crash, whether it involved a right hook accident, a dooring accident, or another common type of bicycle collision. Understanding the claims process is important before filing.
Determining Fault
Who was at fault for the crash has a significant impact on how a claim should be filed. If the cyclist caused the accident, the claim should be filed with their own car insurance company. If the other driver caused the accident, the claim should be filed with that driver's insurance company. Even while riding a bicycle, a person's own car insurance policy may still provide coverage. Uninsured or underinsured motorist coverage, as well as medical payments coverage, can also help provide compensation, which makes it important to know the specifics of any applicable policy.
Seeking Medical Help and Filing a Bodily Injury Claim
The first step after a bicycle accident is seeking medical attention, which matters both for wellbeing and for establishing how much compensation may be needed. If the other driver was even partially at fault for the crash, a bodily injury claim should be filed with that driver's insurance company.
Documenting Medical Treatment
All medical treatment following a bicycle accident should be carefully documented, including the initial date of injury, the date treatment was first received, how the injury occurred, the prognosis given by the doctor, the estimated length of treatment, any medications or surgeries, and the dates of all related appointments.
Filing the Claim
Once medical treatment has been documented, it is time to file the claim, and the earlier this happens, the better. An insurance agent will typically walk the injured cyclist through the process, either over the phone or by having them file independently. It is always important to be truthful when filing a claim, and nothing should be signed without an attorney present.
Proving the Other Driver's Fault
Proving fault can be one of the most difficult parts of a bicycle accident claim. If the insurance company believes the cyclist was even partially to blame, it may try to deny coverage or reduce the compensation offered. Proving fault requires gathering and documenting all available evidence related to the crash, and any witness testimony can be essential. Fault is generally based on negligence, meaning the driver failed to act reasonably, such as through speeding, drunk driving, failure to yield, or aggressive driving.
Negotiating a Settlement
After a claim is submitted, the insurance company will typically respond with a settlement offer. The first offer should never simply be accepted, since it is usually lower than what the injured cyclist actually deserves. In many cases, a more appropriate amount of compensation can be recovered through 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.