1. Understanding the Role of Insurance Companies
Insurance companies are for-profit businesses that aim to minimize payouts and protect their bottom line. After a pedestrian accident, they often try to settle claims as quickly and inexpensively as possible. This means that the initial settlement offer may not adequately cover your medical expenses, lost wages, or other damages. It is also common for insurance adjusters to try to downplay the severity of your injuries or shift some of the blame to you.
While it may seem like the insurance company is on your side, remember that their primary goal is to protect their interests—not yours. This is where a skilled pedestrian accident lawyer can make a significant difference.
2. Investigating the Accident and Gathering Evidence
Before dealing with the insurance company, it is essential to have a thorough understanding of the circumstances surrounding the pedestrian accident. An experienced pedestrian accident lawyer will investigate the scene of the accident, gather witness statements, review traffic camera footage, and collect other crucial evidence that can strengthen your case. This evidence will help establish liability and prove that the driver was at fault, which is essential when seeking compensation.
Insurance companies may try to dispute liability, arguing that the pedestrian was at fault or partially responsible. By hiring a lawyer, you ensure that the evidence is gathered and analyzed professionally, giving you the best chance of securing a fair settlement.
3. Assessing the Full Extent of Your Damages
Pedestrian accidents can cause a range of injuries, from minor bruises and scrapes to life-threatening conditions such as traumatic brain injuries, spinal cord injuries, and broken bones. It is crucial to have a clear picture of the full extent of your damages—both economic and non-economic—before engaging with the insurance company.
A pedestrian accident lawyer will help you assess your medical expenses, ongoing treatment needs, lost wages, future earnings potential, and the pain and suffering you’ve experienced. They will also work with medical experts and economists to ensure that all of your damages are accurately calculated. This comprehensive approach is important because insurance companies often attempt to offer settlements based on limited or incomplete information.
4. Negotiating with the Insurance Company
Insurance adjusters are skilled negotiators, and they will often attempt to settle a claim quickly with a lowball offer. Accepting such an offer may seem tempting, especially if you are facing financial difficulties due to your injuries, but it is often far less than what you truly deserve.
A pedestrian accident lawyer has experience negotiating with insurance companies and knows how to push back against lowball offers. They will communicate with the insurance adjuster on your behalf, ensuring that your case is presented in the best possible light. If necessary, they can also escalate the matter to mediation or take the case to court if the insurer refuses to offer a fair settlement.
5. Handling Complex Legal Issues
Dealing with insurance companies can be complicated, especially when multiple parties are involved, or liability is disputed. For instance, if the driver involved in the accident is uninsured or underinsured, your lawyer may need to navigate your own insurance policy for compensation. Similarly, in cases where the driver’s insurance company denies liability or attempts to place blame on the pedestrian, your lawyer will be able to defend your rights and advocate for a fair outcome.
In many pedestrian accident cases, legal issues related to comparative negligence, state laws, and insurance policy details can become quite intricate. A pedestrian accident lawyer is well-versed in these matters and can ensure that all aspects of your case are handled correctly.
6. Dealing with Multiple Insurance Companies
In some cases, more than one insurance company may be involved. For example, the driver’s insurance company, your own auto insurance, health insurance, and possibly even workers’ compensation insurance may all play a role in covering the costs of your medical bills and damages.
Your pedestrian accident lawyer can coordinate all interactions with these insurance companies, ensuring that each one is held accountable for its portion of the settlement. They will also help you understand your rights under each insurance policy, ensuring that you don’t accidentally waive your right to compensation by signing something too quickly or without understanding the full consequences.
7. Protecting You from Insurance Company Tactics
Insurance companies often employ tactics to reduce the amount they pay out in claims. These tactics can include:
- Offering quick, low settlement offers: Insurers know that accident victims are often eager for compensation to cover their immediate needs. A quick offer may seem like an attractive option, but it’s usually insufficient to cover all your expenses.
- Trying to pin the blame on you: Insurance companies may attempt to claim that you were partially at fault for the accident, reducing the amount of compensation they owe you.
- Delaying the claim: Some insurers intentionally drag their feet in processing claims, hoping you’ll give up or accept a lower offer.
A pedestrian accident lawyer is your advocate against these tactics. They will ensure that you are not pressured into making decisions that could harm your case. With legal representation, you can rest assured that your best interests are being protected every step of the way.
8. Taking Your Case to Court if Necessary
While many pedestrian accident claims are resolved through negotiation, there are instances where litigation may be necessary. If the insurance company refuses to offer a fair settlement, a pedestrian accident lawyer will not hesitate to take the case to court. By filing a lawsuit, they can help you pursue the full amount of compensation you deserve.
Having a lawyer on your side who is prepared to go to trial if necessary can also strengthen your negotiating position, as insurance companies are more likely to offer a fair settlement if they know you are ready and able to take the case to court.
Conclusion
Dealing with insurance companies after a pedestrian accident can be frustrating and overwhelming, especially when you are already dealing with physical and emotional recovery. A pedestrian accident lawyer in Nashua can be a valuable ally in protecting your rights and ensuring you receive the compensation you deserve. From gathering evidence and assessing damages to negotiating with insurers and handling legal complexities, a lawyer can help you navigate the often-complicated process of dealing with insurance companies.
If you or a loved one has been involved in a pedestrian accident, don’t hesitate to seek legal assistance. Contact a trusted pedestrian accident attorney who can guide you through the process and fight for the compensation you deserve.