If you are injured by a driver who fails to comply with traffic safety rules, you may suffer permanent life altering injuries. Assuming your auto collision is caused by an insured driver, the insurance carrier of the negligent driver will usually be responsible for covering the costs associated with your accident. The other driver’s insurance company will also process the claim and provide a defense in the case of litigation.
Many Missouri car accident victims misjudge the role of the other driver’s insurance company and presume the insurance carrier will act fairly in making a reasonable settlement offer. This is why it is essential to keep in mind that the insurance company for the at-fault driver is your adversary so you should be very careful when dealing with the adjuster for the driver who caused your injuries. Insurance companies did not build an industry worth billions of dollars on liberally paying out valid insurance claims. Because insurers handle many car accident injury claims daily, it is important to understand the strategies that they may employ to compromise your personal injury claim.
Delay, Delay, Delay: If you are not represented by counsel, the insurance company knows that stalling the settlement of a claim can create a dire financial situation for injury victims. Those who suffer significant injuries in a car accident may be unable to work and face enormous medical and rehabilitation expenses. As time passes, the financial pressure to settle a case to cope with these growing financial hardships may entice an injury victim to accept a low offer.
Statute of Limitations: When an insurance carrier delays resolution of a claim, a motor vehicle accident injury victim who does not have an attorney also risks inadvertently violating the statute of limitations. This critical deadline imposes a fixed date by which a lawsuit must be filed to avoiding waiving one’s right to pursue legal remedies in court. The statute of limitations for injuries resulting from a car accident in Missouri generally is five years from the date of the accident. However, there can be complications in calculating this time limit so you should seek prompt legal advice. If a party fails to initiate legal action before the statute of limitation expires, this failure will usually be an absolute bar to seeking recovery.
Low Impact Settlement: Insurance companies welcome the opportunity to negotiate with unrepresented parties because they can exploit their lack of knowledge and experience. A common tactic used in collisions where there is no significant vehicle damage involves the insurance company claiming that the lack of vehicle damage means that no serious injuries could have resulted. The adjuster may characterize the accident as a “low impact” crash and offer a nominal settlement. Many parties that are without legal counsel find they are unable to afford necessary expenses for injuries that are later discovered to be serious. Insurance companies will usually ask the injury victim to sign a “general release of liability” that may waive all legal rights and actions including those related to undiscovered injuries. You should never sign anything or make a recorded statement without seeking legal advice.
Our experienced Missouri auto accident lawyers have over 75 years of combined experience protecting our clients from the unfair and abusive tactics of insurance companies. If you suffer injury or someone close to you dies in a Missouri car accident, we welcome your call so that we can evaluate your legal rights and explain your options. Call Hubbard & Kurtz, LLP today to schedule your free consultation!
