If you have been injured by someone else’s negligence, it puts you in a very vulnerable position and can leave you feeling dependent on the at-fault party’s insurance provider handling your claim.
The bottom line is that the insurance adjuster that you are dealing with is paid by the insurance company to keep settlements, including yours, as low as possible – or to deny them altogether when possible. In the course of their work, they can stretch the truth or may lie outright. It is important to understand that the insurance company for the at-fault party does not owe you a duty to be fair to you before you being the process of recovering for your damages.
If you are in the difficult position of wondering if the insurance company is lying to you, discuss your concerns with an experienced Texas personal injury attorney today.
Has the Insurance Company Lied to Me?
If you’ve been injured by someone else’s negligence, such as in a slip and fall accident or a car accident, you’ll file your accident claim with the other party’s business or car insurance provider, and from here, the insurance adjuster responsible for your claim will begin their investigative process, which can include any combination of the following:
- Traveling to the accident site
- Hiring experts, including accident reconstrutionists
- Evaluating any property damage, such as to your vehicle in a car accident
- Examining the police report
- Interviewing any eyewitnesses
At any point in the process, an unscrupulous adjuster can veer off course and either purposefully ignore or misinterpret evidence in an effort to keep your settlement low.
Making a Statement to the Insurance Rep
If you’ve been injured by someone else’s negligence, you’re going to be hearing from the at-fault party’s insurance provider, and the insurance rep in question will be very interested in obtaining a statement about the accident from you. It is important to understand that you do not have to provide a statement to the at-fault party’s insurance company, and in fact, these statements are often used against you.
Note that if you are making a claim on your own insurance policy, you may have a duty to provide a statement. Read your policy carefully first to make sure you understand your duties and responsibilities.
The truth is that insurance reps are well versed at coaxing statements out of claimants that go on to harm their claims, which can arguably be interpreted as a form of lying. When you have a dedicated personal injury attorney on your side, you can leave communications with the insurance company to them – and you can count on your legal rights and best interests being well protected in the process.
Do Insurance Adjusters Lie?
The matter of can insurance adjusters lie to you has crossed the mind of many claimants. The truth is that they not only can but we have handled many cases where insurance adjusters have not been truthful. Some of the most common lies to be on the lookout for include:
You are required to make a statement now
The insurance company can’t force you to make a statement on its time. You most likely do not have to provide a statement at all, and in almost any instance, you should make sure an attorney is present to assist you with preparation. These statements are adversarial and are often used to prove you had pre-existing injuries or to trick you into saying you had a role in causing the collision. These statements can be used in court, so it is important that you make sure that everything stated is accurate and truthful. Do not guess or speculate.
You don’t need an attorney
If you’ve been injured by someone else’s negligence, it’s always in your best interest to have professional legal counsel in your corner. Don’t be intimidated into not hiring an experienced personal injury attorney.
That’s as high as we can go
The insurance company owes you fair compensation for your covered losses; the only cap is the maximum coverage allowed. If the insurance company offers you an early, lowball settlement amount, don’t be pressured into accepting it. Going after the compensation to which you are entitled is the only way to help ensure you reach your most complete recovery.
You share liability
The insurance company may tell you that you’ll need to accept your portion of responsibility for the accident in question, but you shouldn’t be fooled by this approach. Fault in a personal injury claim is determined by the evidence – not by proclamations made by the insurance company – and a seasoned personal injury attorney will help establish liability in your case. If your case were to go to court, the Judge and jury would never hear what the insurance company’s assessment of fault is – they will only hear what can be proven by the evidence.
The statute of limitations is running out
In Texas, the statute of limitations for personal injury claims is two years from the date of the accident. An insurance company may try to make you think you have less time than you do to settle your claim in order to get you to settle for less. More commonly, the insurance company will drag out the process to try and waste as much time as possible. You cannot get an extension of the statute of limitations, so it is important that you are fully aware of the deadlines to file your case. It is important to understand that an insurance company “working with you” does not extend the statute of limitations.
Can I Sue the Insurance Company for Lying?
Typically, personal injury claims are filed with the insurance company, and negotiations for a fair settlement begin. The vast majority of such claims are settled out of court, but some take more negotiating than others.
In Texas, a claimant generally can’t sue a third-party insurance company for lying directly. However, in certain instances, hiding or manipulating evidence could be actionable. Further, if your own insurance company is not truthful to you, you may have a direct claim for “bad faith.” It is important that you speak with a qualified attorney to determine your options.
Bad Faith Claim FAQs
How much does a bad faith attorney charge?
Most reputable attorneys work on contingency, and as a result, you’ll pay a prearranged percentage of your settlement or award after your case is successfully resolved. If you do not prevail with compensation, you won’t owe anything.
An Experienced Texas Personal Injury Attorney Is on Your Side
The practiced personal injury attorneys at Haun Mena – proudly serving Houston – have decades of experience helping clients like you successfully take on insurance companies that refuse to engage in good faith practices. We’re here for you, too. Learn more by contacting or calling us at 713-561-5334 today.