Every injured car accident victim has some questions about their next steps. How will I pay for my medical expenses? What happens if I can’t work again? Can I get my car repaired? Who is to blame?
These questions can keep you up at night and cause you significant stress and anxiety. As you struggle to deal with your injuries, you deserve to have someone on your side who can help answer your questions and fight for your rights. However, where you go to obtain answers to those questions can profoundly impact the outcome of your injury claim.
Unfortunately, Arkansas insurance companies have one main goal: to pay you as little as possible. They often twist things you say to help them reduce your claims.
Insurance companies train their adjusters to find ways to reduce claims. They do this by twisting injured accident survivors’ words and using them to offer lower settlements. They may claim that you are not as injured as you say. They may claim that you were partly to blame. Knowing their primary goal is key to understanding what NOT to say to an insurance company after an accident in Arkansas.
While this may seem shockingly simple, the truth is that insurance adjusters often trick injured accident survivors into admitting fault. Even something as simple as saying, “I didn’t see them” or “I’m sorry” can be used to show fault.
As an injured accident survivor, you may not fully understand the long-term effects of your injuries. Do not downplay your injuries or claim that your injuries are not severe; that can signal to the insurance company to offer you even less for your accident.
Avoid giving a recorded statement to the other driver’s insurance company without first speaking to your attorney. However, you may have a duty to cooperate with your own insurance company, including providing a statement when reasonably required under your policy.
Avoid speculations about what “may have” happened during the accident. Instead, stick to only the facts you know or what is on the police report. The insurance adjuster may try to get you to give your opinion of the events but avoid doing so.
The other driver’s insurance company may ask you to sign a medical release to access your medical records. These records may be used to challenge your injuries or argue that pre-existing conditions contributed to them. Avoid signing broad medical releases without speaking to your attorney. However, you may need to provide relevant medical information to your own insurer to comply with your policy’s cooperation requirements.
It is important not to provide insurance companies with the names of doctors, other accident victims, or family members. Speak to your attorney before discussing your case with insurance companies.
Insurance companies and adjusters may contact you quickly after a crash to ask you questions. However, you may be in shock or confused after the accident, especially if you have suffered a serious injury. Avoid speaking to the insurance company until you are ready and have taken the time to process the events entirely.
It is equally important to know what you should say to an insurance company after an accident. After a car accident in Arkansas, you may need to discuss your accident with your own insurance company and the “at fault” driver’s insurance company. Knowing what to say is key to maximizing compensation after an accident.
It is important to talk to your insurance company and give them a rundown of the facts. Let them know where the accident occurred when it happened, and who was involved. If there is a police report, let them know.
Discuss the damage with your insurance company. Again, stick to just the facts. Report and document the damage to your vehicle and keep good medical records regarding your injuries.
It is important to understand your own insurance policy and its limits and the insurance policy limits of the “at fault” driver. Get copies of your insurance policies before discussing your case with an attorney.
When discussing your accident with an insurance adjuster at an insurance company, ask them to identify themselves. Write down this information, as it may be useful to you in the future.
Arkansas is an “at fault” state, meaning the person responsible for the accident is also responsible for paying damages. However, your insurance company will still want a notification that you suffered an injury in an accident. In some cases, they may even need to pay for some of the expenses, such as if you purchased an underinsured motorist insurance policy.
While your insurance company wants you to believe that they are on your side, this is not always the case. It is important to discuss your injuries and accident with an experienced attorney immediately. Your attorney can help you negotiate a fair settlement and deal with insurance companies efficiently after an injury accident.
It is essential to know that the first offer an insurance company gives is usually their lowest. These low-ball settlements are just a fraction of what you may need to recover and put your life back together again. Never accept a settlement without first speaking to an experienced lawyer at Rainwater, Holt & Sexton. Our attorneys can review your settlement offer and make sure it is enough to cover all damages you suffered.
We’ll gladly evaluate the insurance company’s offer for free at absolutely no obligation to you. We’ll tell you if we feel like it’s a sound offer. If not, we’ll be happy to take on your case to work to get you maximum compensation for your injuries. Either way, it’s worth a call to find out.
Even when you follow every recommendation for what to say and what to avoid, an insurance company may still dispute your claim. Adjusters may argue that you contributed to the accident. They may also claim your injuries existed before the crash or that your treatment was unnecessary. A denial or a lowball offer does not mean your claim lacks merit. It often means the insurer is testing whether you will accept less than you deserve.
Arkansas follows a modified comparative fault rule. Under Arkansas Code Annotated § 16-64-122, you cannot recover compensation if you are found to be fifty percent or more at fault for the accident, and any compensation you do receive is reduced by your percentage of fault. Because of this rule, insurers have a financial incentive to shift as much blame onto you as possible, even when the evidence does not support their position.
If your claim is disputed, our attorneys at Rainwater, Holt & Sexton could step in to challenge the insurer’s reasoning. We could request the specific basis for the denial in writing and gather additional evidence to counter the insurer’s arguments. From there, we could pursue an appeal or send a formal demand backed by documentation. When an insurer refuses to negotiate in good faith, filing a lawsuit may become necessary to protect your right to compensation.
Since 2006, our firm has recovered more than one billion dollars for injured clients, and many of those recoveries followed an initial denial or a settlement offer that fell far short of what our clients needed. A dispute is often a starting point for negotiation rather than a final answer, and having an experienced Arkansas attorney respond on your behalf could change how seriously the insurance company treats your claim.
The strength of your claim often depends on the quality and organization of the documentation behind it. Insurance adjusters in Arkansas evaluate car accident claims based on paper records, not on how difficult your recovery has been, so a disorganized or incomplete claim file gives them room to underpay you or delay a decision.
Useful documentation typically includes:
Keeping these records organized from the beginning could help demonstrate a clear link between the accident and your injuries. Well-organized records also support the value of your claim and reduce the chances that an adjuster can argue your damages are unclear or unproven. A simple folder, whether physical or digital, that keeps medical records separate from financial losses and correspondence can make a significant difference when it comes time to negotiate.
Our attorneys at Rainwater, Holt & Sexton could help you collect records that may be difficult to obtain on your own, such as electronic data from an at-fault vehicle. We could also organize your documentation into a clear demand package that presents your damages in a way that is difficult for an insurer to dispute. With eight offices located across Arkansas, our team could meet with you locally to review your records and help you understand what still needs to be gathered.
After a car accident in Arkansas, it is important to retain legal representation quickly. The faster you have a lawyer on your side, the quicker you can obtain money for your injuries. Insurance companies often negotiate differently when they know an injured accident survivor has a lawyer on their side. This signals that you mean business and are unwilling to accept anything less than what you deserve.
With offices throughout Arkansas — Little Rock, Little Rock – Corporate Hill, Springdale, Conway, Hot Springs, Bryant, Jacksonville, and Jonesboro — our personal injury lawyers are easily accessible when you need help.
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