Question:
The other driver’s insurance company is making a low settlement offer. The adjuster’s justification is that I delayed getting medical treatment. It’s not fair they are using that against me when the delay was their fault because I didn’t even know if there was insurance until I got the police report months after the accident!
Answer:
Police reports can take a long time. That’s especially true when it’s an LAPD traffic collision report. If you were involved in a car accident and the Los Angeles Police Department did a report, you may not know for months if the other driver had auto insurance, and the identity of their insurance company. If you were transported by ambulance, or the police officer separated you from the other driver at the scene, you had no opportunity to get the other driver’s insurance information.
VALID REASONS FOR YOUR DELAY IN GETTING MEDICAL TREATMENT
If you were injured in a car accident, there could be valid reasons for your delay in seeking medical treatment:
- You don’t have health insurance
- You don’t have uninsured motorist coverage on your own auto insurance policy
- You don’t know if the other driver has car insurance
- You want to make sure the police report puts the other driver at fault
Insurance adjusters will use any excuse they can to lowball your settlement offer. If you held off on seeking medical treatment for one of these reasons, that’s valid, and it is unreasonable for the other driver’s insurance adjuster to use your treatment delay against you.
You should actually flip it around and use the delay in getting medical treatment against the adjuster. Because you were forced to delay getting medical treatment, you are now worse off than had you been treated right away.
Don’t get bamboozled by the insurance company. If you were injured in a car accident, you should speak to a personal injury attorney. Get advice on whether the insurance adjuster’s offer is reasonable, and whether you need a lawyer.
At McGee, Lerer & Associates, we provide free consultations. Run your case by us. After hearing the facts of your accident, we’ll give you our opinion on whether the adjuster’s offer is in the ballpark of what’s reasonable, or whether you are getting played by the adjuster. We do this at no charge. We’ll also give you our honest opinion on whether you would be better off being represented by a lawyer. If you decide to hire us, here’s an explanation of what we charge.