Understanding the Strategies Insurers Use to Reduce Your Compensation and How You Can Protect Your Rights
Car accidents can be life-altering, especially when injuries are involved. After the initial shock of the accident, you might assume that your insurance company will compensate you fairly for medical expenses, lost wages, and damages. However, many people in Mississippi are surprised when their insurance claim results in far less compensation than expected. This outcome is not by accident—insurance companies use a variety of tactics to minimize the amount they pay for accident injury claims.
The Business Model of Insurance Companies
Insurance companies are, above all, for-profit businesses. Their primary goal is to maximize profits while minimizing payouts. One of the main ways they achieve this is by reducing the amount of compensation they offer to accident victims. Although insurance companies are required to act in good faith and honor valid claims, their internal policies often emphasize reducing costs to boost the company’s bottom line.
In Mississippi, this profit-driven approach can be especially frustrating for those who have been involved in car accidents. The complexities of personal injury law, combined with the strategies insurance companies employ, often leave victims receiving far less than they deserve.
Common Tactics Used by Insurance Companies to Reduce Claims
Downplaying Injuries
One of the most common strategies is to downplay the severity of your injuries. Insurance adjusters often request your medical records, scrutinizing every detail to suggest that your injuries are not as severe as you claim. They may argue that pre-existing conditions or prior injuries contributed to your current condition, thus reducing their liability.
Quick, Low Settlement Offers
Insurance companies often attempt to settle claims quickly, offering a low amount of compensation right after the accident. While a fast resolution might sound appealing, these early offers rarely account for the full extent of your medical bills, future treatment costs, or lost wages. Injured parties may accept these offers out of desperation, especially if they are facing immediate financial pressure due to medical bills or missed work.
Disputing Liability
Another tactic is to challenge who was at fault in the accident. If the insurance company can shift some or all of the blame onto you, they may significantly reduce or even deny your claim. Mississippi operates under a pure comparative negligence rule, which means your compensation can be reduced based on the percentage of fault assigned to you. Even if you are found to be only partially at fault, your compensation can be substantially diminished.
Delaying Claims
Delaying the claims process is a common strategy used to frustrate claimants. The longer an insurance company can stretch out the process, the more likely it is that you may settle for less just to end the drawn-out ordeal. Some claimants become desperate and agree to reduced settlements just to move on with their lives, especially if they are unable to work or need to cover ongoing medical expenses.
Disputing Medical Treatments
Insurance adjusters may also dispute the necessity of certain medical treatments or argue that you are exaggerating the need for ongoing care. They might claim that certain treatments are unnecessary or not directly related to the accident, which can reduce the payout you receive. In Mississippi, accident victims often face lengthy recovery periods, and the associated medical costs can be substantial. Insurance companies are aware of this and may challenge treatments to minimize their financial responsibility.
Mississippi-Specific Considerations
Under Mississippi law, you are entitled to pursue compensation for your damages after a car accident. However, several factors influence the amount of compensation you may receive, and insurance companies are well-versed in using these factors to their advantage.
Comparative Negligence
Mississippi follows a pure comparative negligence system. This means that even if you are partially at fault for the accident, you may still recover damages—though the amount will be reduced by your percentage of fault. For example, if you are found to be 30% responsible for the accident, your compensation will be reduced by 30%. Insurance companies frequently use this rule to argue that you bear a significant portion of the blame, thus minimizing the amount they have to pay.
Statute of Limitations
In Mississippi, the statute of limitations for filing a personal injury lawsuit is three years from the date of the accident. However, insurance companies may delay settlement discussions, hoping that the statute of limitations will expire before you take legal action. If you miss this deadline, you lose the right to pursue compensation through the courts.
How to Protect Yourself from Insurance Company Tactics
Document Everything
From the moment the accident occurs, it’s essential to document everything. Take photos of the scene, collect witness information, and keep detailed records of your medical treatment. Having a clear and comprehensive record of the accident and your injuries will make it harder for the insurance company to dispute the facts.
Do Not Accept the First Offer
While it may be tempting to accept a quick settlement, it’s almost always in your best interest to hold out. Insurance companies rarely offer fair compensation upfront. Speak with a qualified attorney to understand the full value of your claim before accepting any offer.
Avoid Giving Recorded Statements
Insurance adjusters often ask for recorded statements from accident victims. While they may frame this as part of the standard claims process, these statements can be used against you later. Even seemingly innocent comments can be twisted to downplay your injuries or suggest that you were partially at fault for the accident.
Hire an Experienced Mississippi Car Accident Attorney
Perhaps the most important step you can take to protect your rights is to hire an experienced car accident attorney. Insurance companies are far more likely to offer fair compensation when they know they are up against a skilled legal team. At Kellum Law Firm, P.C., we have decades of experience fighting for accident victims throughout Mississippi. We understand the tactics insurance companies use and know how to counteract them to ensure that our clients receive the compensation they deserve.
Frequently Asked Questions About Mississippi Car Accident Claims
How long do I have to file a lawsuit after a car accident in Mississippi?
Under Mississippi law, you have three years from the date of the accident to file a personal injury lawsuit. This time limit is known as the statute of limitations. If you don’t file within this timeframe, you may lose your right to recover damages. However, it’s important to start the claims process as soon as possible to gather evidence and build a strong case.
What should I do if the insurance company denies my claim?
If an insurance company denies your car accident claim, it is essential to consult with an attorney. The denial could be based on disputed liability, questions about the extent of your injuries, or other factors. A skilled attorney can review the denial, gather evidence, and fight to get your claim approved or take your case to court if necessary.
Can I recover compensation if I’m partially at fault for the accident?
Yes, Mississippi follows the rule of pure comparative negligence, which allows you to recover compensation even if you are partially at fault. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% responsible for the accident, your total damages will be reduced by 20%.
How do insurance companies calculate the value of a car accident claim?
Insurance companies use various factors to calculate the value of a car accident claim. These factors include the severity of the injuries, medical expenses, lost wages, property damage, and pain and suffering. However, they may try to undervalue these components to minimize their payout. Consulting with an attorney ensures that all damages are accurately assessed and accounted for.
What damages can I recover in a Mississippi car accident case?
If you’ve been injured in a car accident, you may be entitled to recover several types of damages, including medical expenses, lost wages, pain and suffering, and property damage. In some cases, you may also be awarded punitive damages if the at-fault party’s behavior was particularly reckless. An experienced attorney can help ensure that you pursue all possible avenues of compensation.
Call to Action
If you’ve been involved in a car accident in Mississippi, don’t let the insurance companies minimize your compensation. Call Kellum Law Firm at their Jackson office at (601) 969-2709 or their Port Gibson office at (601) 590-9000 to understand your legal rights to compensation and discuss your options.
CONTACT US
Schedule a meeting online or by phone.
