How Insurance Companies Try to Reduce Pedestrian Accident Claims
When a pedestrian is struck by a vehicle, the injuries are often severe and life-changing. Medical bills, lost wages, and long-term care needs can add up quickly. While you might assume the driver’s insurance company will fairly cover your losses, the reality is much different.
Insurance companies are businesses, and their primary goal is to pay out as little as possible. Understanding the tactics insurers use to reduce pedestrian accident claims can help you protect your rights and maximize your recovery. Let’s take a look at the five most common tactics insurers employ.
Questioning Liability
Insurers frequently argue that the pedestrian was partly or entirely at fault.
They may claim you crossed outside a crosswalk, failed to obey traffic signals, or were distracted at the time of the accident.
By shifting blame, they hope to reduce, or eliminate, the compensation you’re entitled to.
Downplaying Your Injuries
Even with obvious injuries, insurers often minimize their seriousness. They may argue your injuries are less severe than reported, that you don’t need certain treatments, or that you should have recovered more quickly.
Adjusters sometimes send you to their own doctors for evaluations, who may give opinions that support the insurer’s position.
Using Pre-Existing Conditions Against You
If you have prior medical issues, the insurance company may argue that your current problems were caused by those conditions and not the accident.
This tactic is used to reduce the payout for medical costs, pain, and suffering.
Pressuring You to Settle Quickly
Insurers often make quick settlement offers, especially before you know the full extent of your injuries.
While the offer might seem tempting, it is usually far less than what you will need for long-term care and recovery. Once you accept, you cannot go back for more compensation later.
Monitoring Your Activities
Some insurers go so far as to hire investigators to monitor your social media accounts to find evidence suggesting you are not as injured as you claim.
A single photo or video taken out of context can be used against you to weaken your case.
Frequently Asked Questions (FAQs)
How long do I have to file a pedestrian accident claim?
In most states, the statute of limitations for personal injury claims ranges from one to three years. In Washington, for example, you typically have three years from the date of the accident to file a claim. Missing this deadline may prevent you from recovering compensation.
What if the driver who hit me was uninsured?
If the driver does not have insurance, you may still have options. For example, your own auto insurance policy may include uninsured/underinsured motorist (UM/UIM) coverage.
An attorney can also explore whether other parties (such as a municipality responsible for road design) might share in liability.
Can I still recover compensation if I was partly at fault?
Yes. Many states, including Washington, follow a comparative negligence rule, which means you can still recover damages even if you were partially responsible.
Note, however, that your compensation will be reduced by your percentage of fault.
What damages can I recover in a pedestrian accident case?
You may be entitled to compensation for:
- Medical expenses (past and future),
- Lost wages and reduced earning capacity,
- Pain and suffering,
- Emotional distress, and
- Loss of enjoyment of life
Do I need a lawyer for a pedestrian accident claim?
While it’s not required, having an experienced personal injury attorney dramatically improves your chances of a fair outcome. Insurance companies have teams of adjusters and lawyers working against you. A lawyer can investigate your accident, gather evidence, and fight for the full value of your claim.
Contact Justice Through Compensation for Help
If you or a loved one was injured in an accident, please know that the law firm of Justice Through Compensation is here to help. Our legal team is skilled, experienced, and passionate in their representation. Let us shoulder the burden of an injury claim or lawsuit while you focus on healing from your injuries. Contact us today for the quality legal help you deserve.