What Are The Tricks Insurance Companies Use In North Carolina To Pay You Less?
Key Highlights For North Carolina Injury Victims:
- Insurers are business people whose mission is to help you manage risk. They will not help with your future covered treatments.
- A rush offer can look nice, but leaves out future rehabilitation, lost wages, pain and suffering, and long-term restrictions.
- Recorded statements are often used against you to shift blame, especially in a North Carolina personal injury claim.
- A wide medical release will give the insurance company access to your record that is hardly related to your claim.
- If you do not have all of the original copies of the documents you send, your claim may be jeopardized. Therefore, it is crucial to keep copies of everything you send and get.
The question is “What are the Tricks Insurance Companies Use In North Carolina To Pay You Less?” and the answer is that insurance companies in North Carolina often employ multiple tactics to reduce how much they pay you in a claim. Some of those tactics include delaying your claim, requesting a recorded statement, making a low settlement offer to settle your claim quickly, requesting a lot of medical records, blaming you for the accident, and saying that the pain you are experiencing is from an old injury.
Blame is particularly important here in North Carolina because the state operates under a system of North Carolina contributory negligence, which insurance companies use to place blame on you to prevent you from collecting on your claim or making a low settlement offer.
Therefore, you should take steps to protect yourself when involved in an accident: keep all of your records; seek out medical treatment; provide short, accurate, and factual responses; and before providing a recorded statement or signing any medical forms, I’m Robert Tatum, an attorney at Tatum & Atkinson Law Firm. Call us for a free consultation. You will not be required to pay any attorney’s fees until you receive compensation on your claim.
Why Do Insurance Companies Make Low Offers So Early?
Receiving a fast offer can sometimes feel like a safety net. Your vehicle may be mangled. You have bills piling up. You’re likely missing work and are now worried for an indefinite amount of time about how bad your injuries may feel. When the insurance adjuster knows this type of pressure is on you, they tend to provide early offers without you having any real knowledge of how severely injured you are or even the complete cost of your injuries.
You may think your back pain is going away, and then you have an MRI ordered by your doctor that determines you indeed have serious injuries and need to go through physical therapy for several months, and you will not be able to return to your current job at all.
Once you sign a settlement release with an insurance company, your claim will usually be over at that point, and in many cases, you will not be able to ask for or get additional money from the insurance company in the future, even if your injuries worsen over time.
Therefore, the car accident claim in North Carolina includes all future medical treatment costs, not just the first bill you receive from the emergency room.
What Insurance Adjuster Tactics Should You Watch For?
Insurance adjuster tactics are frequently calculated to establish friendly communication, thus making them difficult for an untrained person to recognize.
Tactic |
Why It Matters |
| Fast settlement offer | May close your claim before your injuries are fully known |
| Recorded statement | Can create fault or injury disputes |
| Delay tactics | Can pressure you into accepting less |
| Broad medical release | May let the insurer search unrelated health history |
| Blaming you | May trigger North Carolina contributory negligence issues |
| Asking leading questions | May make harmless answers sound damaging later |
However, not every adjuster behaves unethically or poorly; in fact, most of them behave appropriately and demonstrate concern for the claimant.
However, regardless of whether an adjustment does or does not respect the claimant, the adjusters’ role in the insurance process differs from that of claimants due to their respective methods towards obtaining results, namely, fair compensation for the claimant and limiting costs for the insurer.
How Can a Recorded Statement Hurt Your Claim?
Recorded statement risks are consequences if you don’t take the time to answer with caution when responding to an adjuster’s questions. For instance, an adjuster could ask you, “Are you rushing?” or “Did you see the other vehicle before the moment of impact?” You would likely answer them honestly, but months down the line, the insurance company could choose to take your verbal reply and twist it so that it supports an argument for fault against you (i.e., that you were speeding, or not paying attention, or that you were distracted).
This will matter in North Carolina!
The department of insurance may attempt to build a case for fault against you (no matter how small), and therefore, it may affect your chance to recover. So do not guess; do not try to fill the void by continuing to talk; do not say you are “fine” if you are still in discomfort, waiting for test results, or have no idea how badly you are injured, and, instead, a short answer would be the safest answer; and, if you have no idea, then say you have no idea.
Why Do Insurers Delay Claims?
Insurance claim delay tactics are used as a tactic to exhaust the claimant. The insurer frequently claims that they are either in need of additional records, additional reviews, approvals from a supervisor, new estimates, or more time for additional investigations. Some of these claims may have merit; however, some are simply a facade meant to create additional pressure to settle.
As delays continue to occur, so too will the claimant’s frustration. Additionally, as bills continue to pile up, the claimant begins to become frustrated enough to say, “I’ll just take whatever they offer and be done with it.”
It becomes a greater frustration/dilemma when the insurer continues to request the same documentation that has already been submitted, changes/assigns a different adjuster without providing a valid reason, fails to respond to inquiries, or continues to provide vague descriptions as to why nothing is being done.
To assist with establishing a pattern of how your claim is being handled, create a claim folder, keep a log of dates, retain all emails, and do screen shots of all portal messages. What was once deemed to be boring paperwork can now be utilized as strong evidence.
What Are Common Insurance Claim Denial Reasons?
The most common reasons for insurance claim denial reasons for the following:
- There is a dispute over who was at fault
- Your treatment was delayed
- There was a lapse in your medical care
- There is missing evidence
- You have pre-existing injuries to add to your claim
- There are exclusions under your policy
- There is another party claiming that your injuries were not from the accident.
Some claims may be legitimate coverage issues, but still need to be contested vigorously.
For instance, if you have had previous neck pain but then your neck pain became worse as a result of an auto accident, the insurance company may try to make the argument that all of your neck pain is a result of your original condition. This is considered a claim undervaluation.
A better question to ask than whether you were previously in pain would be what changes occurred after your injury.
- Have you experienced an escalation in discomfort?
- Did you attain any additional care?
- Did any of your work routines, sleeping arrangements, or day-to-day tasks change?
Accurate medical recordkeeping, adequate documentation from your doctor, and a furnished schedule of when your symptoms have progressed will all provide substantial evidence to back up your assertion.
Why Do Insurance Companies Request Unlimited Medical Authorizations?
Medical records authorization can be very general in nature; however, if you use a general authorization with broad language to obtain an extensive amount of medical records on your behalf, the insurer can review many years of your personal history (i.e., prior injuries or complaints of pain, prescription medications given, mental health notes). The insurer can use any information they have at hand to attempt to lower the total value of your claim.
In order for a fair claim to be resolved fairly, only related medical records need to be reviewed, and sometimes this is the only thing that needs to be disclosed. You shouldn’t have your entire medical history opened to the insurer as if they were opening up a filing cabinet full of documents.
If you are going to provide authorization that is too broad, then make sure you understand what type of authorization you will be providing to whom, how far back, and what records you will be giving access to.
How Do Local Courts Affect Insurance Settlements In North Carolina?
Although most personal injury claims are resolved prior to going to trial, the way the claim is evaluated still takes into consideration what may happen if the claim were to go to trial.
When an insurance company evaluates a claim, they typically will assess the following factors: applicable North Carolina law, the venue within the county where the claim is going to be heard, any prior jury awards within that county, severity of the injury, sufficient medical proof of the injury, as well as whether or not the plaintiff’s attorney has indicated an intention to file a lawsuit if necessary.
All things being equal, a personal injury claim filed in Wake County may be evaluated differently than a personal injury claim filed in Mecklenburg, Guilford, New Hanover, Buncombe, or Durham County because of local timelines in the court systems, local medical providers, local defense attorneys, as well as local traffic patterns and jury expectations.
This is why having a personal injury attorney with local experience is important.
While there is no difference in basic personal injury laws for accidents occurring on I-40 between Raleigh and Charlotte, or accidents occurring on the coast near Wilmington, the facts surrounding these accidents are all very different from one another.
What Evidence Carries The Most Weight In A North Carolina Injury Claim?
Strong evidence provides a barrier for an insurance company to manipulate or play games.
- The best evidence is frequently made up of police reports, crash photographs
- Names of witnesses
- Medical records
- Bills
- Proof of lost wages
- Repair estimates
- Notes regarding pain
- A copy of any communication to the insurance company.
Your case can be supported with a simple daily injury log. An injury log is not elaborate or detailed, just a record of the truth. Here are some examples of daily notes.
- “I couldn’t sleep at all.”
- “I was unable to go to work.”
- “I couldn’t carry my groceries.”
- “I feel pain down my left leg.”
Your injury claim does not consist only of bills; it also includes how an injury has impacted your ability to live everyday life. As such, less-than-obvious details become important.
For example, one detailed note from a doctor may change the direction of the discussion. A single photo can provide proof of fault in a liability dispute. A single saved email may show that there was a delay in processing your claim.
When Should You Stop Talking Directly To The Adjuster?
Beware of your claim being adversely impacted if your claims advisor asks for a…
- Recorded statement
- Pushes for a quick settlement
- Places blame on you for the accident
- Wants very broad medical documentation
- Takes excessive time to take action without reason
- Tells you that you do not need a lawyer.
At this point, you may want to consider working with a lawyer who can tell you How to maximize an insurance settlement claim by assisting with organizing all of your evidence, calculating your losses, communicating with the claims advisor, and preventing you from making costly mistakes. While you do not necessarily need to file a lawsuit for every claim, you need to have a good understanding of how much value there is in your case prior to the insurance company establishing that value.
What Are Signs of Bad Faith or Unfair Claim Handling?
Refusing to conduct an investigation, misrepresenting a policy’s terms, failing to provide a written explanation of a denial, delaying payment without good cause, or forcing someone into the courts when there is a clear liability are all examples of bad faith insurance practices.
Not every delay is a bad faith insurance practices and not every denial is an illegal denial. The nature of the facts is important.
If you feel uncomfortable about the insurer’s actions, begin documenting them.
Document all the important items, including the following: date, name, email, letter, and claim number.
In North Carolina, insurance regulations prohibit unfair claim settlement practices. Proper documentation can demonstrate whether or not the insurance company has handled your claim fairly.
How Can You Protect A North Carolina Insurance Claim?
Initially, filing a North Carolina insurance claim seems like it would be fairly simple. Then the phone calls start. You get the forms to fill out. You receive a low settlement offer. You begin to see how the other party shifts blame to you for the accident.
The safest thing you should do is be practical:
- Get medical attention for your injuries and follow the treatment plan your doctor prescribes.
- Keep all your medical bills and other records related to your accident and try to avoid having gaps in treatment.
- Gather evidence of your accident (3rd party documents, accident reports) and do not give a recorded statement to the other party without having a lawyer or legal representative present.
- When it comes time to sign medical record releases, you should not sign a broad release unless you have seen a detailed list of all records the release will cover.
- Before accepting any settlement, understand what your real losses are from that accident.
That’s all there is to filing a claim in North Carolina. No drama, just common sense.
Do Not Let Insurance Tricks Decide Your North Carolina Claim
Insurance firms understand the system; they understand the pertinent questions to ask, and they will manipulate a small offer into a reasonable amount. In some cases, before you give any further information, you need to protect yourself before any wide/early verbal consent or settlement to avoid damage that you cannot restore. If you have been injured in an accident, slow down, get medical attention, and create a record. Seek trusted guidance before making large decisions.
Talk To Tatum & Atkinson Law Firm Before Accepting Less Than Your Claim May Be Worth
You don’t have to go through this alone. If you are being delayed, blamed, required to provide more information than necessary, or pressured to settle at an unrealistically low offer, contact Tatum & Atkinson Law Firm.
Our experienced legal professionals assist those who have sustained injuries by explaining their legal rights and ensuring compliance with the insurer’s responsibilities regarding their claims after a serious accident and negotiating with them on behalf of the client. There are no costs for the free consultation or attorney fees unless there is a recovery of compensation on your behalf.
Call us at (800) 529-0804 today to understand how to move forward from this situation.
FAQs About Insurance Company Tactics In North Carolina!
Can an insurance company monitor my social media accounts after an accident in North Carolina?
Insurance providers can use public content and/or photographs, comments, and/or check-in posts on social media to substantiate claims.
Does deleting social media posts help my insurance claim?
No! If you delete it, it removes evidence and proof; you don’t want to delete anything in connection with your accident, injuries, or any related issues or claims.
Can an insurance company contact my employer during a claim investigation?
On occasion, especially those required for wage-loss confirmation, they should not introduce false information about facts and should not continue attempting to harass your employer while investigating.
What happens if an insurance company loses documents I submitted?
You should resubmit your records in the event you didn’t receive responses for your original submissions, and keep a record of each submission date. If you lose or fail to keep the records and documentation associated with your submission, you risk a delay or decrease in recovery as determined by your insurance company.
Can insurance companies use old injuries to reduce a North Carolina settlement?
Yes, the insurer may maintain that your pain is attributable to a previous issue rather than the incident in question. This means that you need to have all the medical documentation to demonstrate how you got injured as a result of this incident.
