When you are in a pedestrian accident, you usually have serious injuries that need immediate and long-term treatment. From concussions to broken bones and internal injuries, pedestrian accidents are serious events that take money to pay for all the medical care.
Unfortunately, even if the liability for the accident is clearly on the driver, insurance companies have been known to challenge legal claims. That is why it is so important to have The Herron Law Firm in your corner from the start. We know how to deal with tough insurance companies that do not want to pay what you deserve.
Some common insurance company tactics on pedestrian accidents include:
Blame Shifting
Insurance companies often blame the pedestrian for causing their injuries. They might say you failed to exercise ‘reasonable care’ to avoid your injuries. This defense of comparative negligence may be used based on a claim that you were not using a crosswalk, or that you darted into traffic. Your claim could be theoretically reduced in proportion to your percentage of fault.
Stalling
Insurance companies know that if you were hit by a car, you have expensive medical and rehabilitation expenses. Plus, your ability to work has been reduced. They will delay payment to get you to take as little as possible. Insurance companies also love to hold onto their money and earn returns.
Dispute the Cause of the Injury
There are some pedestrian accidents where the insurer really cannot deny liability. For instance, if you were in a green-lit crosswalk and the driver hit you. The insurance company may argue that your injuries were pre-existing and caused by something else. That is why it is VITAL to go to the ER as soon as you can after you are hit. Do not wait a day. Go right away and have a doctor document your injuries and therefore connect them to the accident.
Ask for Recorded Statement
After any pedestrian accident, the investigator for the insurance company will call you to get a recorded statement. For instance, often they might be looking for a way to get out of liability. Therefore, you don’t need to agree to have a phone conversation with the other insurance company recorded. Have your pedestrian accident attorney handle this for you.
Premature Settlement
If liability is clear, the insurance company may offer a fast settlement. This is going to be a low offer. The process is intended to resolve the case before you finish your medical treatment or get a lawyer. Therefore, do not agree to settle the case until you are sure your medical treatments are complete. Your body has to be healed as much as you are going to heal before talking a case closure.
Contest the Severity of Injury
Many insurance companies like to use the phrase “low impact collision”. It is intended to distract the injured people. Because of that phrase, they will try to get you to take that low settlement. However, even if you don’t have personal injury attorney on your side, don’t “fall for it”. Always keep in mind that pedestrians have no protection when hit by a vehicle. Therefore, a car going 3-5 MPH can cause severe injury.
Always talk to The Herron Law Firm after a pedestrian accident.Never attempt to negotiate a pedestrian accident settlement on your own.
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