Dealing with insurance companies after you’ve been injured in a vehicle accident can feel overwhelming and exhausting. Whether you’re facing medical bills, repairs to your vehicle, or both, knowing how to handle insurance negotiations can help make the difference between fair compensation and financial struggle. If you’ve been injured in a vehicle crash, contact us at Saladino & Schaaf, PLLC. We are experienced attorneys who can help you pick up the pieces after an accident so you can focus on your recovery.
The initial hours and days following an accident are important and the steps you take after the crash may help form the foundation of your insurance claim. Document the scene. If you can, take photos of vehicle damage, road conditions, and any visible injuries. Get witnesses’ names and contact information, and most importantly, file a police report.
Avoid talking too much to the other driver’s insurance company. Within days of the accident, you’ll likely receive a call from an adjuster. Remember, their job isn’t to be your friend—it’s to save their company money. They might sound sympathetic and friendly, but anything you say can be used to help minimize the value of your claim.
Avoid posting anything on social media during the claims process, as it could be used as evidence to help dispute your claims. Avoid discussing fault or describing injuries. Never give a recorded statement without first consulting an attorney, as those statements may come back to haunt you later in the claims process.
Your injuries deserve special consideration. Kentucky’s “choice no-fault” insurance system means your own insurance initially covers medical bills up to your Personal Injury Protection (PIP) limits, typically $10,000. But you may have other options. Some injuries don’t show their full extent immediately and while a quick settlement offer might look tempting, accepting it too soon could leave you paying out of pocket for future medical bills. You may want to consider filing a personal injury lawsuit if your injuries and damages will likely exceed $10,000 in medical expenses.
Document doctor visits, therapy sessions, and medications related to your accident. Keep a daily journal describing your pain levels and how your injuries affect daily activities, as these records may become useful in negotiations.
The insurance company might minimize your claim by suggesting your injuries existed before the accident or aren’t as serious as you claim. If that happens, medical documentation can help dispute these allegations. Keep receipts, doctor’s notes, and prescription records. If you missed work due to injuries, document those lost wages too.
Vehicle damage presents another negotiation challenge. Insurance companies often push for using cheaper aftermarket parts for repairs or might declare your car a total loss when you believe it’s repairable. Get your own repair estimates from reputable shops—you’re not required to use the insurance company’s preferred repair facility.
If the insurance company declares your car a total loss, research your car’s actual market value. Check local listings for similar vehicles and gather documentation of any recent improvements or maintenance that increased your car’s value.
Watch out for common insurance company tactics. They might delay processing your claim, hoping you’ll get frustrated and accept a lower offer. They might question the necessity of medical treatments or suggest your injuries are exaggerated. Some might even monitor your social media, looking for posts that could contradict your injury claims.
Keep detailed records of conversations with insurance adjusters. Note the date, time, who you spoke with, and what was discussed. Follow up important conversations with emails or letters summarizing what was said. This paper trail can help prevent “misunderstandings” later.
If negotiations stall or the insurance company acts in bad faith, don’t be afraid to seek legal help. If you feel the insurance company isn’t being fair to you or unjustly delaying or denying the claim, you can call on us to help. Sometimes, having an attorney can help make insurance companies take your claim more seriously.
Remember your rights under Kentucky law. Insurance companies should handle claims fairly and promptly. They can’t misrepresent policy provisions or make unreasonably low settlement offers. If they violate these rules, they might be liable for additional damages.
The key to successful insurance negotiations is patience and preparation. Insurance companies count on people being eager to settle quickly and move on. By taking your time and standing firm on fair compensation, you can work toward a settlement that covers your losses and helps you properly recover from the accident.
If you or a loved one has been injured in a vehicle accident in Kentucky, don’t hesitate to reach out. The attorneys at Saladino & Schaaf, PLLC can help you understand your rights and explore your options. We’re committed to getting you the compensation you deserve. Call us at (270) 444-0406 or (270) 753-1529 for a free consultation. Our offices are conveniently located in Paducah and Murray.
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Saladino & Schaaf, PLLC is dedicated to providing high quality, aggressive legal representation to victims of personal injury and wrongful death. Since 1984, this firm and its predecessors have had one goal in mind – to help the victims of personal injury put the pieces of their lives back together.
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