Dealing with Unfair Settlement Offers in Kentucky Car Accident Cases

Injured in an Auto Accident, and Now the At-Fault Party's Auto Insurance Adjuster Won't Pay a Fair Settlement?

Experiencing a car accident in Hopkinsville, Kentucky, is difficult enough, but when injuries are involved, it can be overwhelming. If the at-fault party's auto insurance adjuster is unwilling to offer a fair settlement for your injuries, it can leave you feeling frustrated and uncertain about your next steps in the insurance claims process. This comprehensive guide will help you navigate the complexities of dealing with insurance companies and stubborn insurance adjusters who won’t payout the compensation you deserve.

Understanding Auto Insurance Claims in Kentucky

This article is about what to do when the at-fault party insurance adjuster will not pay a fair settlement.  Before you take a settlement amount, it’s essential to grasp how at-fault auto insurance claims work in Kentucky.  This article includes commercial semi-truck insurance as well as car insurance claims.  First, the at-fault party's insurance adjuster will determine what insurance policy applies. Often, more than one insurance policy is involved. Next, the adjuster evaluates your claim to determine the compensation amount to be offered in settlement of your insurance claim. The insurance company adjuster will usually ask you to gather information and documents so the adjuster can make a damage assessment. However, insuance company adjusters often ask you for the bare minimum to start the damage assessment. This is often seen in the claims process. By asking for the bare minimuim, the insurance company adjuster aims to minimize the damage assessment, and thereby reduce the payout for your personal injury, which can lead to an unfair settlement offer to you.

Step 1: Document Everything

Accurate documentation is crucial for a successful claim. Here’s what to gather:

• Medical Records: Keep all records related to your injuries, including bills, treatment notes, work excuses and medical reports.
• Police Report: Obtain a copy of the accident report, which is a vital piece of evidence.
• Witness Statements: Gather contact details and statements from witnesses who can support your case.
• Photographic Evidence: Take photos of the accident scene, vehicle damage, and visible injuries. Local closed circuit cameras, police body cams and police photographs can be valuable documentation.

Step 2: Know the Value of Your Claim

Determining the true value of your claim is essential. Consider the following factors:

• Medical Expenses: Total costs for treatments, therapies, and medications.
• Lost Wages: Document any income lost due to your injuries.
• Pain and Suffering: This can be subjective, often calculated using a multiplier based on your medical expenses.
• Surgical Risks, Limitations of movement & Age related changes: Written reports from your medical provider establishing future problems over time can add to the value of your insurance claim.

Step 3: Communicate Effectively with the Insurance Adjuster

When negotiating with the insurance adjuster, stay calm and be friendly. Here are some tips:

• Stay Calm: Maintain a respectful tone.
• Be Prepared: Scan the evidence you gather so you can easily send it to the adjuster.
• Ask the Adjuster if more information or documentation is needed: Ask the adjuster what other documentation is needed to ensure all your past and future damages are accounted for.
• Don’t Rush to Settle: If the adjuster senses you are in a hurry, the adjuster will likely see how low you will go.

Step 4: Negotiate Your Settlement

Negotiation is a standard part of the claims process. If the initial offer is unsatisfactory, counter it with evidence supporting your desired settlement amount. It’s common for the first offer to be lower than expected, so be ready to advocate for yourself.

Step 5: Make Sure Nothing is Missing

If negotiations are stalled and the adjuster continues to offer an inadequate settlement, it may be that something is missing. Ask the adjuster what other evidence the adjuster needs to make a higher offer. You may be able to supply this information. By doing so, you can ask the adjuster to reevaluate your insurance claim with this new evidence.

Step 6: Be Patient

Insurance claims can take time. Stay patient and persistent. Keep detailed records of all communications, and continue advocating for your rights throughout the process. If you feel you need professional help, submit your case to RedStone Law. We will take a look at no charge to you. Our fees to take your case are generally 15% less than what advertising lawyers charge.

Conclusion & Caveats

Dealing with an uncooperative insurance adjuster after a car accident can be daunting. However, understanding your rights and following these steps can empower you to secure a fair settlement for your injuries. Remember, seeking the assistance of a personal injury attorney can significantly improve your chances of a favorable outcome. Stay informed, be proactive, and advocate for yourself—fair compensation for your injuries is within reach.

Now, for some special caveats you need to watch out for:

• Underinsurance: If underinsurance is present, you must follow certain guidelines regarding notice of settlement.  Failure to do so can eliminate your right to underinsured coverage.
• Semi-Truck accidents: In general, it is not advisable for you to represent yourself in a sem-truck accident for a wide variety of good reasons.  ‍
• Understand the settlement release before you sign it:  Before a settlement is paid to you, the insurance adjuster will demand that you sign a release.  Be careful not to sign away your rights to further compensation from other sources.  For example, if you sign a release that releases everyone, then you cannot pursue a claim against a defective air bag manufacturer.‍
• Uncertainty: Trust your gut.  If you are uncertain about what to do, contact RedStone Law for a free consultation.  We can assess the situation and make sure you understand your specific rights for the particular facts of your case.