Each personal injury case in Los Angeles County is distinct, with unique factors such as past experiences, natural predisposition, and even seemingly unrelated family situations influencing the outcome. Even a common rear-end car accident can have vastly different consequences for different individuals.

A busy mother of four who has never been in a car accident before, who exercises regularly, has no preexisting conditions, and who has the care and support of her family and friends to fall back on may simply shake off the whole event, get her car repaired and not even feel any injuries. She may forget about the entire thing in about a month.  

This is the scenario that Los Angeles County insurance claims adjusters think of when a claim comes through the door. Probably, the majority of all Los Angeles rear-end car accidents mimic this pattern and are resolved amicably to the claimant's satisfaction. The issues arise when the claimant deviates from the standard textbook example.

Case Example of Personal Injury Victim with a History of Prior Accidents

For instance, Gertrude, a 50-year-old swim instructor with an extensive history of prior accidents. As a young girl, she's been assaulted and suffered a traumatic brain injury. Gertrude lives alone and has no family or friends to rely on. The car accident shook her to the core and brought back all of the memories of the pain and anxiety she suffered throughout her life.

Although she'd been symptom-free for over ten years before her accident, this minor rear-end car accident caused her post-concussive symptoms to come back with a vengeance. Gertrude quit her job as a swim instructor and holed up in her apartment, suffering from excruciating psychosomatic pain. 

Gertrude is a classic example of an eggshell plaintiff. She is the outlier, an extremely fragile person who breaks a lot easier than most and suffers debilitating consequences from a seemingly minor injury. But the insurance adjuster doesn't know this.

Without an adequate explanation and diagnosis, they will think that Gertrude is exaggerating, trying to increase the value of her claim unfairly. She will lose credibility, and her claim may be rejected entirely.

Fortunately, Gertrude sought our legal assistance early in her case. This allowed us to document her symptoms from the start and coordinate with her treating physicians to ensure her diagnosis was consistent with the claim. Our law firm hired the experts to explain Gertrude's condition and establish a direct link between her current symptoms and the collision.

We have anticipated all the tactics that insurance companies use to devalue victims' claims and ensured we had a ready response for the defense's most common strategies. This proactive approach is part of our commitment to protecting our client's rights and ensuring they receive fair compensation. See our related blog: How Insurance Companies Try to Limit Your Recovery.

What You Should Know When Dealing With Insurance Companies

One reason insurance companies frequently stonewall self-represented litigants is leverage. Any successful claim is driven by the threat of litigation, its expense, and potential exposure to the defendant.

The insurance companies know that the chances of someone without a Los Angeles personal injury lawyer bringing a lawsuit are minimal. Therefore, they are much more likely to ignore or lowball demands from victims without an attorney. Dealing with the insurance company is one of the most complicated issues after a car accident.

Typically, after a few days of the car accident, an insurance claims adjuster will contact you to settle the claim as soon as possible. To help you avoid accepting a lowball settlement, there are several things you should be aware of when dealing with a California insurance company:

• Insurance claims adjusters are trained negotiators – Don't be fooled. Despite their friendliness and apparent compassion about your injuries, they are not looking out for your best interest. The main job of an insurance adjuster is to protect the insurance company's best interest. They are specifically trained to minimize the amount of money paid out on every claim. This includes your claim. They will often deny a claim or not recognize the total value of a personal injury case.
• Insurance companies are under no obligation to treat you fairly –  This fact is especially true if you are involved in a car accident in Los Angeles where the other driver was clearly at fault. You are attempting to file a claim against their insurance company. This applies even if the at-fault driver cooperates with the insurance company. They can still deny or delay paying your share. Typically, this is why their first offer is a lowball offer.
• Don't automatically accept the first insurance settlement offer – In most car accident cases, it's not a fair offer. Insurance adjusters understand that most people need money right away to get their car repaired or pay medical expenses. They know Los Angeles car accident victims are vulnerable in these early stages and will almost always offer a lowball settlement soon after the accident.
• Insurance companies will try to avoid paying your medical expenses. As part of their effort to minimize your settlement offer, the claims adjuster might make a suggestion you are not being truthful about the extent of your injuries and might even suggest you are attempting to commit fraud. In some cases, like the example of our client Gertrude above, they might claim your damages were part of a pre-existing condition. This is especially true if you did not go to the hospital emergency room immediately following your car accident.
• Statements you make to an insurance company will be used against you – Insurance claims adjusters in Los Angeles want you to agree with them on their version of the car accident. Don't make the mistake of giving statements to an adjuster. Please don't agree to the questions they ask you. Never provide a recorded message or sign any settlement agreement until you have consulted with a personal injury attorney at our law firm.

When you are getting a lowball offer from an insurance company after a car accident, remember that their main goal is to settle your claim for the least amount possible. They are not your friend. It's in your best interest to consult with a Los Angeles personal injury lawyer to look over your car accident details and talk about legal options.

Contact Our Personal Injury Attorneys

Having an experienced Los Angeles personal injury lawyer on your side is essential. Having an experienced Los Angeles personal injury lawyer on your side is crucial. They not only give you a voice in a situation where you might otherwise be ignored, but they also help you maximize the value of your case by structuring it in a way that preserves and develops all of your potential claims.

If you have been injured in a car accident due to negligence, let our injury attorneys review the details. Our lawyers are experienced in handling car accident cases and will negotiate with the insurance company to ensure you receive fair compensation for your injuries.