In Albuquerque, don't assume the insurance company will treat you fairly because the accident wasn't your fault. While our top priority is maximizing client compensation, the insurance company's main objective is to minimize payouts. To achieve this, they often resort to various tactics to limit or even deny injury claims. With over 80 years of experience fighting insurance companies, we have witnessed their questionable behavior firsthand. One of their most common tactics is using excuses to avoid paying out claims. Don't be fooled into accepting their lowball offer or thinking you have no claim. Look at our comprehensive list of insurance company excuses compiled by our skilled injury attorneys before making any decisions.
Have You Been Injured in an Accident and Faced Insurance Company Excuses in Albuquerque? Don't Let Them Trick You Into Settling for Less Than You Deserve
1. The Injuries You Claim to Have Sustained in Your Auto Accident Are Related to a Prior Injury or Condition From a Previous Accident or Physical Illness
A pre-existing injury can indeed be one of the most significant factors to negatively affect a personal injury claim. (If the insurance company believes they can diminish the value of your claim by saying a prior back injury is to blame for most of your pain, they'll do it.) However, don't accept this excuse at face value. It's also possible that a pre-existing condition has nothing to do with your current injury or that the accident made your pre-existing condition worse, therefore potentially entitling you to a larger recovery!
2. We Have Closed Your Case
We have received calls from panicked accident victims who are worried that the insurance company won't pay for their medical bills or pain and suffering because the claims adjuster has "closed" their file 30 days after the incident. In this example, it's essential to understand the critical difference between a "closed file" and your "statute of limitations."
In most instances, when the insurance company says they've "closed your file," they just have made the claim inactive. This does not affect the value of your claim or mean your case is permanently closed; it's simply a tactic and/or internal lingo the insurance company may use to hurry and/or pressure you into settling your claim as quickly as possible.
The date you MUST be concerned with is your "statute of limitations." This is the time limit associated with your accident claim and officially limits the time you have to settle your case. Every state has a different statute of limitations, but the law is often based on the victim's age and the circumstances surrounding the accident.
You should ALWAYS consult with an attorney immediately after an accident to determine how long you have to officially resolve your injury claim.
3. The Police Report Does Not Indicate That You Had Any Complaints of Pain at the Accident Scene
If you've received treatment for your injuries, don't let this excuse make you believe you don't have a claim. It's quite common for a car accident victim to sustain injuries that aren't fully realized until 2-3 days after the accident. However, you must seek treatment immediately after noticing any pain or discomfort—a gap in treatment can negatively affect your claim.
4. You Weren't Wearing a Seat Belt
New Mexico state law requires that everyone in a vehicle be buckled up, but you should never assume you can't recover from your injuries if you didn't have a seat belt at the time of the crash.
(Compensation and state laws aside, please ALWAYS wear your seat belt!)
5. Your Car Wasn't In Great Condition
The insurance company might tell you the tires were worn; your brakes weren't working; your tail lights were out; or your turn signal wasn't working. In most instances, the only time a defect on your vehicle may affect the value of an injury claim is IF it was found to contribute to the cause of the accident.
6. You Weren't Licensed To Drive. Or Your License Was Suspended
If you're found to be driving without a license and/or your license was suspended, you'll likely face fines, further suspensions, or other possible legal repercussions, but it's still possible that you may be able to make a recovery for damages you suffered as a result of the accident.
7. You Didn't React Quickly Enough To Avoid An Auto Collision
This is one of the more popular excuses the insurance company has used when their insured is clearly at fault.
In an attempt to put partial blame on the victim, they'll insinuate that you should have foreseen the accident before it happened and avoided the other driver. This excuse is less likely to work when you're represented by an experienced Albuquerque Injury attorney.
10. You Did Not Go To The Hospital After The Accident
Seeking medical treatment is very important after an auto accident, and it is important to get checked out even if you don't feel immediate pain. Sometimes the shock and adrenaline of the accident can mask the pain you are feeling. While we would advise going to the hospital or doctor as soon as you can, it will not adversely affect your case if you don't go to the hospital immediately.
