After a car accident, many people feel relieved when the other driver’s insurance company calls quickly. They assume it means the process will be straightforward and that they will be taken care of. Unfortunately, that is often not how it works.
Insurance companies are not on your side. They are businesses, and their financial interest lies in settling claims for as little money as possible. The faster they can get you to accept a settlement, the less they are likely to pay. Understanding how insurance companies operate and what tactics they use can help you avoid costly mistakes in the days and weeks after a Nashville car accident.
The Initial Call From the Insurance Adjuster
One of the most common scenarios is receiving a call from the at-fault driver’s insurance company within a day or two of the accident. The adjuster will likely be friendly and sympathetic. They will ask how you are doing, express concern for your well-being, and explain that they just want to get a clear picture of what happened.
What they are really doing is gathering information that can be used to minimize your claim. Anything you say in that conversation can and will be used against you later. If you mention that you are feeling “okay” or “not too bad,” that statement can be cited as evidence that your injuries are not serious. If you speculate about how the accident happened, you may inadvertently accept partial blame.
The safest thing you can do is be polite, provide only your basic contact information, and tell the adjuster that you will be in touch after you have spoken with an attorney.
Recorded Statements
Adjusters will often ask if they can record your statement about the accident. You are generally not required to give a recorded statement to the other driver’s insurance company, and doing so before you have legal representation is risky. Once a recorded statement is made, it becomes part of the record and can be used to challenge your account of events later.
Even your own insurance company may ask for a recorded statement. Your policy likely requires you to cooperate with your insurer, but it is still wise to speak with an attorney first so you understand your rights and can give a clear, accurate account.
The Quick Settlement Offer
One of the most well-known tactics insurance companies use is making a fast settlement offer. This offer often comes before you have finished your medical treatment, which means you do not yet know the full extent of your injuries or the total cost of your care.
Once you accept a settlement and sign a release, you cannot go back and ask for more money, even if you later discover that you need surgery, ongoing therapy, or other treatment that was not anticipated at the time of settlement.
A settlement offer that sounds significant in the days immediately after an accident may fall far short of what you actually need. Before you accept anything, have an attorney review your case and give you an independent assessment of what a fair settlement would actually look like.
How Insurers Calculate What to Offer
Insurance companies use various formulas and software programs to calculate settlement offers. These systems are designed to produce numbers that are profitable for the insurer, not fair to the victim. They typically account for documented medical expenses and lost wages, but they often undervalue pain and suffering, future medical needs, and the long-term impact of serious injuries on a person’s quality of life.
An experienced attorney understands how these calculations work and can challenge lowball offers using evidence of the full scope of your damages, including expert testimony about future care needs, vocational experts who can speak to the impact on your earning capacity, and medical professionals who can document the long-term effects of your injuries.
Delays and Denials
Sometimes insurance companies do not move fast at all. They may drag out the claims process, repeatedly requesting additional documentation, asking the same questions in different ways, or simply failing to respond promptly. These delays can be just as damaging as a quick lowball offer, because they put financial pressure on injured victims who are struggling to pay medical bills and make up for lost income.
In other cases, insurers may deny claims outright, arguing that their driver was not at fault, that your injuries were pre-existing, or that you contributed to the accident. These denials are not always final. With the right legal representation, many denied claims can be successfully appealed or pursued through litigation.
What a Nashville Car Accident Attorney Can Do for You
Having legal representation fundamentally changes the dynamic with insurance companies. Adjusters know that attorneys understand the value of claims, are familiar with litigation, and are willing to take cases to court when necessary. This shifts the balance of power in your favor.
A Nashville car accident attorney can handle all communications with the insurance company on your behalf, so you do not have to worry about saying the wrong thing or being pressured into an unfair settlement. They can also conduct an independent investigation of the accident, gather and preserve evidence, work with medical and financial experts to document your full damages, and negotiate assertively for a settlement that reflects what your case is actually worth.
If the insurance company refuses to make a fair offer, your attorney can file a lawsuit and take the case to trial. Insurance companies know this, and many are more willing to negotiate reasonably when they understand that the attorney on the other side is prepared and capable of litigating.
Tennessee Law and Insurer Bad Faith
In some cases, an insurance company’s conduct in handling a claim can rise to the level of bad faith, meaning they are acting unreasonably or with disregard for the insured’s rights. Tennessee law provides certain protections for policyholders in these situations. While bad faith claims are distinct from standard personal injury claims, they are worth discussing with your attorney if you believe an insurer has treated you unfairly.
Do Not Wait to Get Legal Help
Time matters after a car accident. Tennessee’s one-year statute of limitations applies to personal injury claims, and evidence that could strengthen your case can disappear quickly. The sooner you speak with an attorney, the sooner your legal team can start protecting your interests.
At Matt Hardin Law, our Nashville car accident lawyers have been fighting for injured Tennesseans for decades. We know how insurance companies operate, and we know how to counter their tactics. We work on a contingency fee basis, which means you pay nothing upfront and nothing at all unless we recover compensation for you.
Our phones are answered 24 hours a day. If you were hurt in a Nashville car accident, call us today for a free, no-obligation consultation. You deserve to know your rights before you make any decisions about your case.
