Were you hurt in a car accident in Idaho? Whether you were in a high-speed crash on I-84 or you got T-boned at an intersection in downtown Boise, you could be entitled to compensation through the at-fault driver’s insurance policy.
Insurance companies often try to minimize a car accident claim value by disputing liability or challenging the extent of a victim’s injuries. Understanding how these tactics work can help you recognize when a settlement offer may not fully reflect the medical costs, lost income, and long-term effects of your injuries.
Insurance Adjusters Look for Ways to Minimize Payouts
Insurance adjusters are responsible for investigating car accident claims, placing a value on a claimant’s losses, and negotiating settlement offers. However, as representatives of the insurance company, they are trained to identify opportunities to reduce payouts. Adjusters may employ a variety of claim valuation strategies to accomplish this goal, such as:
- Requesting a recorded statement, which can be used to challenge liability or question inconsistencies in your account of the car crash
- Asking leading questions designed to undermine your credibility
- Pressuring you to accept a quick and low settlement offer before you understand the long-term consequences of your injuries
- Suggesting that you don’t need a car accident attorney to settle your injury claim
When these tactics work, car accident victims may find that the money they accepted does not cover the full extent of their injuries and ongoing losses.
Early Settlement Offers Often Do Not Reflect the Full Case Value
After a serious car accident injury, doctors can’t always promise a full recovery. This is especially true in cases involving severe injuries like traumatic brain injuries, spinal cord injuries, and permanent disabilities. Insurance companies often seize upon this vulnerable time to make fast settlement offers, hoping that victims will accept before they have the time to accurately estimate their current and future financial needs — or contact a lawyer for help with those calculations.
As a general rule, the first settlement offer is almost always too low. Once you sign a settlement agreement, you generally cannot reopen a claim to ask for more money later. That’s why it’s smart to ask an experienced car accident attorney to review any offer before accepting it.
Disputes Over Fault Can Reduce Compensation
Challenging liability is one of the most common strategies that insurers use to lower car accident payouts.
Under Idaho’s modified comparative negligence law, outlined in Idaho Code § 6-801, a car accident victim can recover compensation for a crash even if they are partly to blame. However, any compensation awarded is reduced by their percentage of fault.
Idaho law also imposes a strict cutoff. Claimants can only recover damages if they are found to be 49 percent or less at fault for a collision.
Because of this rule, insurers often attempt to shift the greatest share of responsibility onto the other driver. When successful, the insurer can reduce — or even eliminate — the amount of compensation they have to pay.
Insurers Downplay Injury Severity and Damages
Generally speaking, the more severe the injuries in a car accident, the higher the case value. That’s because serious injuries typically require extensive medical treatment, rehabilitation, and may impact an injured person’s ability to work or enjoy life the way they did before the crash.
In Idaho, car accident compensation can include money for:
- Past, current, and future medical bills
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
A fair car accident settlement should account for these losses. However, insurers may try to reduce your claim value by arguing that your injuries stem from a pre-existing condition or from another incident, not the collision. Getting prompt medical treatment can help prevent adjusters from arguing to reduce the amount of damages.
Weak Evidence Can Lower Claim Value
You need solid evidence to substantiate an auto accident claim, such as the police report, medical records, witness statements, photos, and videos of the accident scene. In complex cases, you may need accident reconstruction experts to analyze how the crash happened to demonstrate liability. An attorney can assist with gathering the evidence and presenting it effectively to the insurance company to pursue the full and fair compensation available to you under the law.
Contact Attorneys of Idaho Today for a Free Consultation
With over 30 years of combined experience, Attorneys of Idaho is a full-service law firm serving clients in Boise and throughout the Gem State. With over $1.8 billion* recovered for clients in a single year alone, our personal injury lawyers strive for financial recoveries that help injured people move forward in life. Contact us today for a free initial consultation about your car accident case.
*Past results do not guarantee future outcomes.
