Contrary to how the insurance companies advertise on various media channels and outlets, they’re not your friends and they don’t have your best interests at heart. They wouldn’t be constantly using lots of tactics to delay your settlement and justify giving you a lower settlement amount otherwise. So, you need to know exactly what insurance companies will do and to what extent they will go to limit and delay your settlement as much as possible.
Deny or Limit Liability
You’re the plaintiff and it’s your job to prove that the defendant was liable for your accident, damages, and injuries. You do so by proving that the defendant acted negligently and that this is what caused your predicament. You’ll need to prove that the defendant owed a ‘duty of care’ towards you if you want to prove that he or she was negligent. Insurance companies commonly try to argue that the defendant is not liable since he or she had no duty of care toward you.
Don’t be surprised if the insurance company states that you knew what you were getting into and that you knew about the risks and dangers involved in a particular activity. The insurance company will also state that the defendant is not liable since you accepted these risks and dangers beforehand. A good example is if you were to ski cross country in the American Rockies.
Your insurance company will probably try to do some of that if you file a claim with your insurance company. You can and should challenge their decision even if they do give what seems to be a valid reason for denying your claim. You should hire a good a personal injury lawyer in Calgary and read your insurance policy carefully. Doing so will allow you to build an iron-strong case either in or out of court.
How to Minimize Your Injuries
Expect the insurance company to minimize the extent of your injuries. They do that to justify paying you a lower settlement. A common tactic insurance companies use to minimize your injuries is to look for and present evidence that will downplay the extent and severity of your personal injury accident.
It’s standard practice for the insurance company to hire their own doctors and ask you to submit to an independent medical exam that the doctors will perform. Don’t submit to that medical exam if you can. You can bet that the doctors will try their best to find evidence that your injuries were not as severe.Expect the insurance company to dig through your medical records to look for pre-existing conditions. They do that so that they can justify paying you a lower settlement.
Claiming a Lack of Evidence
Be sure to provide as much tangible and admissible evidence as possible. That way, you won’t give the insurance company a chance to limit your settlement by claiming that there was a lack of evidence. Also, be sure to get medical records and keep all evidence of your accident. That includes receipts relating to medical treatment and medical bills.