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Myths Victims Should Know About When Filing a Car Crash Claim

May 12, 2022

A car crash is a difficult experience, even when the damages are minor. However, few injury claims are as straightforward as they first appear. When things get complicated, as they often do, victims may make decisions based on myths/misconceptions that could hurt their claim.

At High Stakes Injury Law, we are prepared to protect your interests and your claim. We discuss many of the most common car crash myths below. However, there are many more. Working with a qualified attorney can help you to avoid mistakes that could damage your claim.

If you were injured because of another driver’s negligence, you may be eligible to recover compensation for damages you sustained. Contact our firm to set up an initial case review with one of our experienced auto accident lawyers in Las Vegas. There is zero cost for this consultation and no obligation to hire our services.

Insurance Company Myths

All drivers are required to carry car insurance in Nevada. That said, what should you expect if you need to recover damages after being involved in a traffic accident?

If you need to file a first-party claim with your own insurance company, such as if you were injured by an uninsured or underinsured motorist, you may think your insurance company is committed to helping you. However, they are not focused on you getting all the compensation you need. You should also not assume working with your insurance company on your own is better than hiring a lawyer.

Remember That the Insurance Company is a Business

It is important to remember that insurance companies are businesses. Their goals are different than yours.

As a crash victim your goal is to recover as close to full compensation for your damages as possible. For insurance companies, however, the goal is to preserve as much profit and pay as little as possible.

How Insurers Work Against You

From the moment you tell your insurer about your claim, you should remain on-guard during every communication.

Tricks they may use to try devalue your claim and discredit you include:

  • Taking your statements out of context and using them against you: For example, they may ask how you feel. You may answer that you feel fine. Later, they may use this statement to argue that you said your injuries were not that bad.
  • Telling you a recorded statement is required: While they may need a statement at some point, they do not need it immediately. You have the right to refer them to your attorney. He or she can help prepare you to make a statement that, while truthful, does not damage your claim.
  • Convincing you to sign a broad medical records release: This is a huge mistake. The insurance company does not have the right to view all your medical records. That is an invasion of your privacy. They only need to see what is relevant to your claim.
  • Telling you their first offer is the only one you will receive: Insurers tell you this because they know many injured victims will just accept it. Often, they are already desperate for money and ready to take whatever they can get. However, this initial offer is always a low offer and typically far less than the value of your claim.

Myths About the Claims Process

There are a variety of myths about the legal process and building a case:

  • Getting compensated for your damages is guaranteed: There is no guarantee that you will receive any compensation. As the injury victim, the burden of proof falls on you. This means that you or your attorney must first prove your injuries were caused by another’s negligence.
  • Your police report will help you to prove your claim: The information in a police report may be useful to a claim, however, the document is not admissible as evidence. Additionally, police reports may sometimes contain errors. The police report is just one piece of evidence that can help to establish negligence. By itself, however, it will not be enough.
  • Fault is automatic for certain types of crashes: For instance, people may think that the trailing driver in a rear-end crash or a red light runner is always to blame for a crash. However, there are circumstances when the victim could be partially or even fully to blame.

Common Myths About Seeking Legal Help

There are a couple of myths victims about seeking legal help after an accident. The first is that the victim cannot afford to hire an attorney, and the second is that all attorneys are pretty much the same.

Hiring a Personal Injury Attorney is More Affordable Than You Think

Personal injury lawyers help to level the legal playing field for car crash victims by accepting injury cases on contingency. This means that you pay nothing out of pocket to hire an attorney or while your case is in process. In this situation, attorneys only receive their fee if they win your case.

You Need an Attorney With the Right Experience and Background

Personal injury lawyers are not one-size-fits-all. Just like any industry, personal injury lawyers may take a lot of cases in certain practice areas. For instance, one attorney may work on a lot of medical malpractice claims while another personal injury lawyer may only take car crash claims.

In addition to the type of claim an attorney takes, it is worth checking out the firm’s case results. Have they successfully handled cases like yours in the past? If so, check out the reviews of previous clients to see how happy they were with the services they received.

Need Legal Help? Consider Our Trusted Law Firm

At High Stakes Injury Law, we believe that every client we represent is important. We have a history of proven results and are prepared to fight for the maximum compensation possible on your behalf.

Learn about your legal options for recovering compensation and how we may be able to help. In the free consultation we offer, you can also get answers to your questions. Call today to get started.

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“After being in an accident my friend told me to call High Stakes Injury Law. A lawyer named Brian came to my home to meet with me and started my claim immediately. The legal team was extremely efficient, responded back to me quickly, listened to my concerns, and handled everything with speed and accuracy. Every step of the way was communicated. I received my settlement in 10 months’ time. I highly recommend using Berstein and Poisson. Thank you for helping get my life back on track.”

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I Was Injured In An Accident.
What Do I Do Now?

By Scott L. Poisson

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Do I Have A Case?

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Dealing With The Insurance Company

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When a Lawsuit Is Filed

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Overcoming Common Defense Themes

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Special Considerations in Specific Types of Cases