If you get into a car accident and it is the other driver’s fault, their insurance should ideally pay to cover your costs. That is how the system is supposed to work if their negligence caused the crash. Unfortunately, this does not mean things always go smoothly. In some cases, the insurance company will not pay at all—or will not pay enough to cover your costs—and you may need to file a lawsuit to seek proper compensation.
You should also be wary of the initial settlement offer provided by the insurance company. Even if they agree to pay, the offer may be lower than what you deserve. This may mean that it does not actually cover all of your costs. The insurance company is likely hoping you will accept the initial settlement and close the case, absolving them of responsibility without a full payout. You may need to take legal action, such as filing an injury lawsuit, to get the full compensation you deserve.
For instance, the insurance payout may cover your immediate medical bills, tempting you to accept it. But what about long-term costs, such as rehabilitation or the need for future surgeries and other medical care? If you take that initial offer, you may lose the ability to get coverage for these future costs, putting you in a difficult position. It is imperative that you get a payout that truly addresses all damages.
How soon do you need to act?
There is a statute of limitations in Georgia. For property damage, you have four years to make your claim. For injury issues, however, you only have two years. Exceeding the statute of limitations can invalidate your case. Even if all the evidence is in your favor, missing the statute of limitations means you’ve missed your chance to file. It’s very important to know the legal steps to take and to act promptly.
Why insurance companies refuse to pay after a car crash
Why exactly would the insurance company refuse to pay out the compensation you need? To some degree, it is a financial question. Insurance companies make money by collecting premiums, but they lose money when they pay settlements. By reducing or denying settlements, they keep more revenue for the company. Some reasons they may give for this include:
- The claim exceeds the coverage carried by the other driver.
- There is a dispute about how much compensation you are owed.
- Your claim wasn’t filed properly, was delayed, or had other inaccuracies in the paperwork.
- The other driver once had proper insurance, but their policy has lapsed, and they are no longer covered.
- There is a dispute over who was at fault for the accident, with the insurance company claiming their driver wasn’t responsible or that fault is shared between both of you. Remember, Georgia uses modified comparative negligence laws.
- There’s a loophole in the coverage the insurance company is trying to exploit.
- There is insufficient evidence to demonstrate who was at fault or to show what type of compensation is needed.
It’s very important to address these issues head-on. For instance, gathering medical records and police reports can help provide the evidence the insurance company needs to pay out properly.
How to negotiate with the insurance company to receive maximum compensation
Negotiating with the insurance company can be complex, which is why it helps to work with an experienced legal team. Some steps you may need to take include:
- Collecting evidence, such as witness statements, video footage and pictures from the scene.
- Gathering official reports, such as the police report made after the crash or medical records from the hospital.
- Documenting all communications between yourself, the other driver and any professionals involved in the process.
Finally, having an attorney can significantly strengthen your claim. You may not have experience with this process, but an experienced lawyer can use their negotiation skills and legal knowledge to help you file paperwork properly and work to maximize your claim. They can also help you understand the types of compensation that are possible, which include:
- Medical bills
- Long-term healthcare costs
- Lost wages
- Reduced earning capacity
- Short-term or long-term disability
- Disfigurement
- Loss of enjoyment in life
- Loss of consortium
- Pain and suffering
Every case is unique, but an experienced lawyer can help determine which types of compensation apply to yours.
Set up a consultation today
At our firm, we are well-known for fighting insurance companies and seeking fair compensation for our clients injured in car accidents. We take on even the most complex cases and are assertive and vigorous in defending our clients. We also offer free initial consultations, so get in touch with us today to find out how we can help you seek the financial compensation you deserve.