How To Avoid Getting Lowballed On The First Call With Your Insurance Company

When you’ve just been injured in a car accident, you’ll probably make a few highly important phone calls almost immediately after the incident has occurred.

The very first call, of course, should be to 911 so you can get emergency personnel and law enforcement officers on the scene to help with first aid, and to have a police report filed. 

Next you’ll probably want to call your doctor to be medically evaluated and make sure your injuries are properly addressed in a hospital emergency room, urgent care clinic, or other appropriate health care setting.

Then might come the call many people dread most of all: that initial discussion with your insurance company to report the accident and begin the claims process, which can involve details like setting up alternative transportation while your car is being repaired (or, as often happens so frequently these days, completely totaled!), and arranging to receive the Personal Injury Protection (PIP) benefits that are part of your Michigan no-fault auto insurance policy.

As a reminder, your PIP benefits are critically important given the high cost of medical care nowadays. And as we’ve said here on multiple occasions, you should always choose unlimited PIP benefits if you can afford them, to protect your family from the financial impact of long-term hospitalization, surgeries, and rehabilitation costs – not to mention lost wages in the event you’re unable to return to work temporarily … or even forever, depending upon the severity of your injuries. (Yes, Michigan law now permits you to choose lower PIP benefit limits to save some money on insurance premiums, but that can end up making you feel “penny wise and pound foolish” if you happen to become involved in a serious accident – especially if you or your passengers need anything more than just immediate first aid or minor medical care after a crash.)

When dealing with insurance company employees, remember: They may be nice people, but they’re not your friends!

Getting back to that first call with your insurer, we also have some advice to share with you on handling discussions with claims adjusters and other insurance company employees, to be sure your interests are protected and that you don’t mistakenly sign away your rights if you’re given a low-ball offer to settle your claim (which happens more often than you might imagine).

Contrary to what they might like you to believe, insurance companies are not necessarily “on your side.” They’re in business to make money, to keep their employees working, and to pay dividends to their stockholders. Slogans like “You’re in good hands,” or “Like a good neighbor,” might sound reassuring, but they can feel like empty promises if you end up having to fight your insurance company to receive the benefits to which you’re entitled. And that can definitely happen if you don’t handle your first contact with the insurance company appropriately. Here are some key steps to follow when you make that call.

1. Call your own agent first. They are most likely going to be sympathetic to your situation and needs, since they depend upon your goodwill for their livelihood. While your agent might refer your call to other company representatives to help expedite your claim, he or she is the person most likely to be familiar with your family’s circumstances and the exact terms of your policy. Also, listen carefully from the beginning of the call so you can know whether or not what you say is being recorded. (Many companies will say they’re recording calls for “training purposes,” but it’s also possible they could also use what you say against you if you’re not careful.)
2. Stick to the facts of what happened. Don’t embellish what took place during the accident, but at the same time don’t downplay the seriousness of your injuries if you’ve been hurt. We all have the tendency to say “I’m fine” when someone asks how we’re feeling. It’s a natural human reaction. But if you’re not “fine,” you shouldn’t pretend to be, especially since whatever you say could possibly come back to haunt you during legal proceedings down the line!
3. Don’t over-explain or take blame for the accident, even if you feel it’s your fault. The police report will take multiple factors into account – some of which you might not be aware of – including road conditions at the time of the accident, the other driver’s apparent mental state and physical condition (has he or she possibly been drinking or under the influence of drugs?), and many more variables that can help experts (like trained personal injury attorneys or professional accident reconstructionists) help assess blame. Likewise, eyewitnesses to the accident might have seen other elements that were completely invisible to you. So be careful of what you say and remember the old saying “Loose lips sink ships.” Also remember that Michigan law permits accident victims who are determined to be less than 50 percent at fault, and who have suffered “serious impairment of body function or permanent serious disfigurement,” to sue for damages even though we’re technically a “no-fault” state.
4. Don’t post anything about your accident on social media or discuss what happened with anyone outside your immediate family or the people who were passengers in your vehicle. As we outlined in another article published here, insurance companies – and even paid private investigators – will be scanning the internet for dirt on you, and might even contact your friends or family members to dig into your life, hoping to uncover details they can use against you in court. Never give them that opportunity. 
5. Finally, review this comprehensive article describing how insurance companies use a variety of tools – and even dirty tricks – against policyholders and accident victims in their efforts to deny valid claims. For instance, they’ve been known to falsely say that policies have lapsed, to accuse policyholders of making untrue or exaggerated statements, to deny coverage for certain types of claims or injuries, to protest valid claims by saying they exceed policy limits, and to delay paying claims for extended periods of time to discourage customers from taking action until after statutes of limitations or other claim filing deadlines have passed, among other common practices.

The best advice of all: call a dedicated personal injury attorney to protect your interests from day one

If all this hasn’t persuaded you that your insurance company isn’t your best friend, perhaps you need to hear it from us in person. And the best way to do just that is to make a call to 855-MIKE-WINS (855-645-3946) where you can speak with one of our personal injury attorneys yourself – even before you attempt to contact your insurance company to file a claim. Thanks to our helpful contingency fee arrangement, you have absolutely no financial risk when you get us working on your behalf. We can act as your personal representatives through the entire legal process to help you deal with your insurance company on a level playing field.

So put yourself in a position of power by making that call or contacting us online immediately to protect yourself from deceptive practices and to avoid falling for a lowball offer that could result in you and your family losing perhaps hundreds of thousands – or possibly even millions – of dollars.

Content checked by Mike Morse, personal injury attorney with Mike Morse Injury Law Firm. Mike Morse is the founder of Mike Morse Law Firm, the largest personal injury law firm in Michigan. Since being founded in 1995, Mike Morse Law Firm has grown to over 200 employees, served 40,000 clients, and collected more than $1.5 billion for victims of auto, truck and motorcycle accidents. The main office is in Southfield, MI but you can also find us in Detroit, Sterling Heights and many other locations.