Insurance Company Questions
If you were involved in a car accident
in Florida, or a slip and fall
or other type of accident case, the insurance company will have a number of questions in order to properly and fully evaluate your case. This will address some of the more common questions:
The At-Fault Person’s Insurance Company
How did the accident happen?
The insurance company is trying to assess whether they are at fault or whether their insured caused or contributed in any way to your injuries. In Florida, we have comparative fault, where the defendant is responsible for their percentage of fault. When asked about the accident, we want to focus on why they may be responsible or how they contributed. In a slip and fall
case, for example, we may look at whether there were no wet floor signs, inadequate grit in outdoor paint, large unmarked puddles, smashed food, melted ice cream, or other evidence to show that the substance was there for a sufficient length of time that the store owner or property maintenance company should have known of it.
Why types of injuries did you have?
It is very important to properly document each and every complaint of injury you have. If you try to be strong and don’t tell your doctor everything, the insurance company may never know of each injury and they may offer you less money because of this factor. You also want to make sure you get better, so telling your doctors about every injury or complaint may help them better treat you. The insurance companies will often try to compensate you for all of your injuries, so make sure to keep track and have the doctors document everything.
Do you have any photographs of your injuries?
As soon as possible after an accident, you should take photographs of any visible injuries. If you are not able to do so, have a friend or family member take photographs. Your body may heal over time and the insurance company may not believe you had any visible marks unless you have medical documentation or photographs.
Is there any video of your medical treatment?
If you are going to have surgery, you should have a family member or friend take some video of you before surgery, coming out of surgery, and the few days following surgery. The insurance company may want to know what a “day in your life” was like after surgery. Keep your communication to a minimum. It should be like a fly on the wall looking at you to see your pain and struggles following the accident.
Do you have any accident scene photographs?
If you have a mobile phone
with a camera, or a handheld camera, accident scene photographs can help recreate an accident scene better than memory. If you took pictures of the property damage to the vehicles at the accident scene, or the puddle on the ground after a slip and fall, this can help the insurance company determine liability for the accident, that is, who is at fault for causing the accident.
Do you have any pre-existing injuries?
Be honest. Just because you may have had medical problems before an accident does not mean you are not entitled to compensation. You can still get money for any aggravation of a pre-existing injury in Florida. If you lie, however, the insurance company may dismiss your case. We can discuss this in more detail on how to handle pre-existing injuries. Often, people have prior problems but were feeling great before the accident, and the accident did something to cause the pain to come back. Medical documentation is very important, so make sure to tell your doctors exactly what problems and pain the new accident caused you.
What are your out of pocket expenses?
Insurance companies will often factor in your total out of pocket expenses in their settlement offer. There are several things to add into this number, including your insurance company co-payments, mileage going to and from the doctor, tolls and parking, lost wages, future lost wages, outstanding medical bills, future medical expenses, and health insurance liens. Try to keep all of your receipts and a mileage log if you want the insurance company to consider these expenses.
What are your limitations?
The insurance company will often ask two questions when assessing your pain and suffering claim:
1) What can you no longer do at all because of the accident that you were able to do before the accident; and
2) What can you still do now that you were able to do before the accident, but with some limitation or pain? If asked these questions, you should be as specific as possible. If you don’t tell them, they may never know!
There are other questions the insurance company may ask to assess your case, but these are some of the main points insurance companies frequently bring up during our discussions.
As always, please give us a call at 800-337-7755 for a free consultation. Do not give a statement to the insurance company before speaking with us or it can ruin your case.