Naperville Personal Injury Lawyer Blog
Insurance companies play a critical role in personal injury cases, often determining how much compensation you can recover for medical bills, lost wages, and other damages. However, their primary goal is to protect their own financial interests—not to ensure that you receive a fair settlement.
At John J. Malm & Associates, we’ve seen firsthand how insurance companies operate in personal injury claims. With over 90 years of combined litigation experience, our award-winning team has successfully negotiated with insurance companies to recover millions for injured clients across Illinois. In this blog, we’ll explore the role insurance companies play in personal injury cases, common tactics they use, and how to protect yourself and your claim.
What Is the Insurance Company’s Role in Personal Injury Cases?
When an accident occurs, the at-fault party’s insurance company is typically responsible for compensating the victim. Insurance companies handle claims in the following ways:
- Investigating Claims
After you file a personal injury claim, the insurance company will investigate the accident to determine:
- Who was at fault.
- The extent of your injuries.
- The total cost of your damages.
- Assessing Liability
Insurance adjusters review evidence, such as police reports, medical records, and witness statements, to decide whether their insured is responsible for the accident.
- Negotiating Settlements
If liability is established, the insurance company will offer a settlement to resolve the claim. However, initial offers are often far below the actual value of the damages.
- Defending Against Lawsuits
If a fair settlement cannot be reached, the insurance company may defend their insured in court, requiring the injured party to prove their case before a judge or jury.
Common Tactics Used by Insurance Companies
While insurance companies play an essential role in personal injury cases, they are also profit-driven businesses. Their adjusters are trained to minimize payouts, and they often use specific tactics to reduce or deny claims.
- Quick Settlement Offers
Insurance companies may offer a quick settlement shortly after the accident, hoping you’ll accept before understanding the full extent of your injuries. These offers are often much lower than what you’re entitled to receive.
- Disputing Liability
Adjusters may argue that you were partially or fully at fault for the accident, which can reduce or eliminate their liability under Illinois’ comparative negligence rule.
- Requesting Recorded Statements
Adjusters may ask for a recorded statement, looking for inconsistencies or admissions that can be used against you later.
- Minimizing Injuries
Insurance companies may downplay the severity of your injuries or argue that they were pre-existing and not caused by the accident.
- Delaying the Claim
Delays can pressure you into accepting a lower settlement out of financial desperation. Some companies intentionally drag out the claims process to frustrate victims.
How to Protect Yourself When Dealing with Insurance Companies
To safeguard your rights and maximize your compensation, it’s essential to approach insurance company interactions with caution. Here’s how to protect yourself:
- Consult an Experienced Naperville Injury Attorney Before Speaking to Adjusters
Avoid speaking with insurance adjusters or providing recorded statements without first consulting an experienced personal injury attorney. Adjusters are skilled at asking questions designed to undermine your claim.
- Gather Evidence to Support Your Case
Provide your attorney with:
- Police reports.
- Medical records.
- Photos of the accident scene and your injuries.
- Witness statements.
Strong evidence can counter the insurance company’s efforts to downplay your injuries or dispute liability.
- Avoid Accepting the First Offer
Initial settlement offers are often much lower than the actual value of your claim. Consult with an attorney to evaluate the offer and negotiate for a fair amount.
- Document Everything
Keep records of all communications with the insurance company, including emails, letters, and phone calls. This documentation can help protect your claim if disputes arise.
- Know Your Rights
In Illinois, insurance companies are required to act in good faith when handling claims. If an insurer engages in bad faith practices—such as unfairly denying your claim—you may have grounds for additional legal action.
How John J. Malm & Associates Can Help After an Accident
At John J. Malm & Associates, we have extensive experience dealing with insurance companies and their tactics. Our goal is to level the playing field, ensuring that our clients receive the full compensation they deserve.
- Negotiating on Your Behalf
We handle all communications with the insurance company, protecting you from common pitfalls and building a strong case to support your claim.
- Calculating the Full Value of Your Claim
Our team carefully evaluates your medical bills, lost wages, pain and suffering, and future damages to determine the true value of your case.
- Fighting for Fair Compensation
If the insurance company refuses to offer a fair settlement, we are prepared to take your case to court and fight for justice on your behalf.
“Insurance companies have their own interests at heart—not yours. That’s why it’s so important to have an experienced attorney advocating for you and ensuring your rights are protected.” – John J. Malm, Naperville personal injury lawyer
Frequently Asked Questions About Insurance Companies and Personal Injury Claims
- Should I Talk to the Insurance Company After an Accident?
It’s best to consult an attorney before speaking with the insurance company. Anything you say can be used against you to minimize or deny your claim.
- What If the Insurance Company Denies My Claim?
If your claim is denied, your attorney can review the denial, gather additional evidence, and pursue further legal action if necessary.
- Can I Sue the Insurance Company Directly?
In most cases, personal injury claims are filed against the at-fault party, not their insurance company. However, you may have grounds to sue the insurer for bad faith if they act unfairly.
Contact the Dedicated Naperville Personal Injury Lawyers at John J. Malm & Associates Today
Dealing with insurance companies after an accident can be overwhelming, especially when you’re focused on recovering from your injuries. At John J. Malm & Associates, we take on the burden of negotiating with insurers so you can concentrate on healing.
Why Choose Us?
- Proven Experience: With over 90 years of combined litigation experience, our team has successfully handled thousands of personal injury cases.
- Award-Winning Attorneys: Recognized for excellence in personal injury law.
- Free Consultations: We evaluate your case at no cost and explain your legal options.
- No Fees Unless We Win: You don’t pay unless we secure compensation for you.
Contact our office or fill out a confidential consultation request on our website to learn more about how we can help. Your recovery starts here.