Insurance companies are known for their tendency to deny personal injury claims. They tend to fight every claim filed to try to reduce the amount they pay to the claimant or deny the claim completely. This is the reason claimants should not try to face an insurance company without a personal injury lawyer in Winchester, TN on their side. A great attorney has dealt with the tactics that insurance companies use to defend cases. Here’s how insurance companies devalue or deny claims from injured victims.
Shifting the Blame to the Victim
Tennessee uses the modified comparative negligence system. This system allows a person to be up to 50% liable and still get partial damages from the other party. But, if the claimant is found to be at least 51% at fault, they are not entitled to recover any damages. Because of this, the insurance company of the other party will try to shift the blame on you, so you could not receive compensation from them. But your attorney can assess your case and examine your legal options to get fair compensation for the injuries you sustained.
Claiming that Your Injury Was Pre-Existing
The majority of personal injury claims are based on the theory of negligence. Thus, you need to show that the other party caused your accident and that their irresponsible actions caused your injury. Usually, an insurance company will dispute personal injury claims by capitalizing on the second requirement and arguing that your injury was pre-existing instead of caused by the negligent party.
You expect the insurance company to dig through your past medical records and look for any little things they can blame your injuries on aside from the accident. Unfortunately, it is not easy to prove that your injury did not exist before the accident or that the accident made the injury worse. Your best option to work with an experienced attorney who will evaluate your medical records, work with credible expert witnesses, and apply Tennessee’s law to the facts of your case.
Questioning Your Credibility
Insurance companies will send claims adjusters to scrutinize your motives and credibility. They will track your whereabouts and check out your social media fees to find anything they can use to challenge your claim. Also, they may try to get a statement from you hoping you could say anything that can be used against you.
It is important to give the insurance adjusters and your doctors honest and accurate information. But, despite your truthfulness, the insurance adjuster can spin your activities and statements to try to discredit you. This is the reason you must consult a lawyer before you will have any contact with the insurance adjuster.