The Risk of Doing It Yourself: Common mistakes people make when handling a Personal Injury claim without an Attorney

Knowledge

Feb 11

While the process can sound straightforward, file a claim and the insurance company will take care of you, the reality of handling a claim is much more complicated. The law is rarely black and white when it comes to compensation for medical expenses, who is at fault for the collision, how much an injured party should be compensated, and whether or not the insurance company is going to justly compensate you. With all of these factors affecting your claim mistakes are made and can have a detrimental effect on your claim. Here are the common mistakes we have seen that can affect your claim and why hiring an attorney can avoid these mistakes.

Undervaluing the Claim

If you were injured in a collision and you’ve made a claim with an insurance carrier to help pay for your medical bills, you may be undervaluing your claim. It is important to have your medical bills covered, but areas you may not consider are loss of wages, loss of time, future pain and suffering, and more. At Boyda Law we take into consideration all the different ways a collision has impacted your life and negotiate with insurance companies to win you the just compensation you deserve for all of your injuries, not just the physical ones.

Providing Recorded Statements to Insurance Companies

Insurance companies may try to call you following a collision and insist that you must provide them with a recorded statement. They may ask questions that blur the lines or confuse you and result in you admitting that you contributed to the collision when in fact you did not. If you hire an attorney, the insurance companies can no longer speak with you and your attorney can determine whether or not you need to give a recorded statement, and also be present to clarify questions.

Not Preserving Evidence

After a collision you may be dealing with physical injuries, frustration from the collision, trying to find new means of transportation, and other concerns. It may not cross your mind to take photos of your vehicle, photos of any physical injuries, gather insurance information from the at fault party, save any messages, write down your symptoms, keep track of missed time at work, etc. While your mind may be racing with what to do next, an attorney will help remind you to gather the evidence to support your claim. Once we have the evidence, we’ll save it to your file so you no longer have to worry about finding it later.

Not Seeking Timely Medical Care

Immediately following a collision you’ll likely feel general pain throughout your body. You may be told by Insurance companies or other parties that this is normal and your pain will subside with time. And while it is normal for a person to feel general pain following a collision, it is always better to be safe than sorry, and seek some form of medical evaluation within a couple days of your collision. If you wait too long to seek medical care, insurance companies may use this against your claim, and argue that you were not injured because you did not seek immediate care.

Missing Available Coverage

Following a collision you might believe the only coverage available is through the at fault party, and if they have none, then you cannot recovery. An attorney can review all available coverages for your claim, determine if there is Under Insured Coverage, Uninsured Motorist Coverage, PIP or Medical Payments Coverage, or the possibility of stacking coverages. Before you become discouraged and think there is no way to be compensated for your injuries, hire an attorney who can explore all of the options available to you.

Giving Medical Authorization to Insurance Companies

Insurance companies may request a medical authorization from you to order your medical records and review your injuries. Unfortunately, often times the medical authorization gives insurance companies the ability to review your medical records from years ago. Insurance companies may review your medical record and use your past to argue that your injuries were the result of a previous collision, incident, or condition and that you should not be fully compensated. As your attorney, we do not give the insurance company authorization to your medical records. Instead, we gather your medical information as it relates to collision and show that your injuries are the result of the collision. Even if you have past injuries, those injuries can be aggravated by the collision and you still have a right to be justly compensated for them.

It is possible to handle a personal injury claim on your own, but to avoid these common mistakes, seek out legal representation. At Boyda Law we know how to protect your claim and avoid these common pitfalls. Contact us today and ask how we can help you resolve your claim with a FREE consultation.