April 19, 2023
Dealing with car insurance companies can be a stressful and frustrating process, especially after you've been involved in a car accident. While we'd like to believe that insurance companies have our best interests at heart, it's essential to remember that they are businesses looking to minimize their payouts. Unfortunately, some insurance companies resort to using dirty tricks to save money. In this blog post, we'll discuss three such tactics, focusing on Georgia law, that you should be aware of when dealing with car insurance companies.
It's not uncommon for accident victims to experience gaps in their medical treatment, especially if they cannot afford it. However, insurance companies in Georgia may attempt to use these gaps to argue that your injuries are not as severe as you claim. They might suggest that you're exaggerating your injuries, or that they are unrelated to the accident.
To protect yourself, it's essential to document all medical treatment and expenses, and explain any gaps in treatment to your personal injury attorney. If you cannot afford treatment, seek out resources for low-cost or free medical care, and make sure to communicate with your healthcare providers about your financial situation.
Another common tactic used by insurance companies is to downplay the severity of your injuries. They might argue that your injuries are pre-existing or that they resulted from a different incident. They may even try to convince you to accept a quick settlement, which is likely far less than what you deserve.
To combat this, make sure you have a thorough medical evaluation immediately following the accident, and maintain records of all doctor's visits, treatments, and medications. Consult with a personal injury attorney who is familiar with Georgia law and can help you navigate the complexities of your case.
Another important aspect to consider when dealing with personal injury claims in Georgia is the Eggshell Plaintiff Rule. This legal principle states that the at-fault party in an accident is responsible for the full extent of the injured party's damages, even if those damages are more severe than what would have been expected due to the plaintiff's pre-existing condition or vulnerability.
The idea behind the Eggshell Plaintiff Rule is that a defendant must take their victim as they find them. In other words, if the injured party had a pre-existing condition that made them more susceptible to injury or caused them to suffer greater harm than an average person would have under similar circumstances, the defendant is still responsible for the full extent of the damages.
For example, if a person with a pre-existing spinal condition is involved in a car accident caused by another driver's negligence, and that accident aggravates their condition, the at-fault driver may be held liable for the full extent of the injury, even though they could not have anticipated the severity of the harm.
Insurance companies may ask you to provide a recorded statement about the accident. While this might seem like a reasonable request, it can be a trap. They might use your words against you by twisting them or taking them out of context to minimize your claim or even deny it altogether.
Under Georgia law, you are not required to provide a recorded statement to the at-fault driver's insurance company. Politely decline any requests for a recorded statement and let your attorney handle all communication with the insurance company.
Being aware of these three dirty tricks used by car insurance companies in Georgia can help protect your rights and ensure that you receive the compensation you deserve. Always consult with an experienced personal injury attorney who understands Georgia law to help guide you through the process and advocate for your best interests.
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