10 things that will hurt your West Virginia injury claim

1. Allowing an insurance company or adjuster to take a "recorded statement"

These statements are recorded on an old tape recorder. The insurance adjuster will tell you that taking a statement is a "standard practice." The recording will be typed out later and could be used against you in court. Remember, you are not required to give a recorded statement to an insurance company.

2. Accepting the first offer the insurance company makes

The first offer is almost always a low-ball offer that is much less than what your case is worth.

3. Signing anything the insurance company gives to you

This can include checks for reimbursement, releases for medical records, or releases that will prevent you from making a claim later if you discover that your injuries are worse than you originally thought.

Remember, some injuries are not apparent within the first few weeks after an accident. If you sign a release, you could end up with a pile of medical bills that you cannot pay and that the insurance company will not have to pay because of the release that you signed.

Meet with an attorney before signing anything the insurance company gives you.

4. Allowing the insurance company to get your prior medical records

The insurance company should evaluate your case based on the injuries that you sustained in the present accident. The last thing you want is to have an insurance adjuster focusing on an injury that you sustained 15 years ago which has nothing to do with the present accident.

5. Failing to seek medical attention

You should seek medical attention even if you feel your problems will go away. Let a doctor examine you. It could take days or even weeks for you to realize the extent of your injuries. It is quite common that a person will not notice an injury until the days following an accident.

6. Allowing the insurance company to give you a repair estimate for your vehicle

Go to a reputable body shop based on referrals from friends and family. Do not rely on the insurance company's estimate to fix your vehicle.

7. Waiting more than two years to file a lawsuit

The statute of limitations to file a personal injury claim for a car accident, motorcycle accident and truck accident in West Virginia is generally two years. If you fail to file a lawsuit before the two-year time limit runs, your case will probably be thrown out of court.

8. Allowing an insurance adjuster to do a face-to-face interview with you

The adjuster may request that you come into their office or allow them to come to your home to "talk about your claim." There is no reason that you cannot discuss the accident over the phone. Many times, the adjuster will attempt to give you a check for much less than your case is worth in return for a release. It is much easier to say no and end a telephone call than an in-person conversation.

9. Admitting fault for an accident

Saying something as simple "I'm sorry" to the driver of the other vehicle, even if just meant to mean you are sorry that the incident occurred, could be used against you in Court as an "admission." Whenever you are involved in an accident, just exchange information with the other driver and call the police.

10. Settling your case without talking to an attorney first

Almost all, if not all, personal injury attorneys will sit down with you and discuss your case and your options for free. Do this so that you can make a more informed decision about your case


What the insurance companies don't want you to know

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