Dealing with Insurance Companies After a Car Accident in Mississippi
Being involved in a car accident can be a terrifying experience. Not only may you be dealing with injuries and property damage, but you may also have dozens of questions about how you recover compensation. The last thing that you want to deal with is an insurance adjuster—especially one who questions your story and potentially denies your claim. Knowing how to deal with the insurance company after a car accident in Mississippi is very important, and can make the process easier to navigate. Here are some tips for working with the insurance company—
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Start By Understanding the Law
The first place to start when dealing with insurance adjusters after a car accident in Mississippi is understanding the law. Knowing what your rights are is critical, and will be an essential part of making sure that your rights aren’t violated.
The first thing to know is the set of laws surrounding fault and liability in our state. Mississippi is an at-fault car accident state, which means that whoever causes an accident is responsible for paying for it. In order to recover compensation from the at-fault driver, you’ll need to prove that the other driver committed an act of negligence, and that the negligence was the proximate cause of your injuries. Negligence is defined as the failure to exercise a reasonable degree of care.
The next thing to understand is how the claim process works, as well as your rights throughout the process. You have the right to your full compensation amount, including the right to the full value of your economic and noneconomic damages. Noneconomic damages are the damages for your intangible harm—such as the value of your pain, suffering, and emotional distress. Further, you do not have to accept a settlement offer; in fact, you should probably reject a first settlement offer, or at least have it reviewed by an attorney before accepting. If you and the insurance company cannot reach a settlement offer, you have the right to bring your case to litigation.
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Provide Notice Immediately
Outside of understanding the law, the first actionable thing that you should do as soon as possible after your accident is to contact the insurance company to provide notice of the crash. Usually, you will notify your insurance company first and your insurance company will provide you with instructions, which may involve starting the claims process against the at-fault driver’s insurance company immediately.
If you fail to provide notice to the insurance company immediately, you may lose your right to collect damages. Insurance companies can deny your claim if you do not provide notice within the required timeframe.
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Take Care of Yourself ASAP
Taking care of yourself as soon as possible means seeking medical care immediately after the accident. Seeing a doctor is essential for ensuring that you get the care you need to heal and prevent further injury. If you fail to seek care immediately, not only may you be endangering your own health and wellbeing, but you may also be putting your claim at risk. This is because failure to seek medical care may result in the insurance company doubting the connection between your accident and your injuries.
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Follow Your Doctor’s Orders
Another important thing to do that can go a long way when dealing with the insurance company is to follow your doctor’s orders. If you don’t follow your doctor’s orders, the insurance company could successfully make the argument that you failed to do due diligence to mitigate further harm. This could result in the insurance company having reasonable grounds to deny your claim or reduce the amount of damages you can recover. It is very important that you follow your doctor’s orders to a T.
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Be Persistent
Always be persistent. After you provide notice of the accident and file your claim, it is your responsibility to follow up with the insurance adjuster and ensure that your claim is being processed. If the insurance company unreasonably delays in processing your claim, they are breaching your rights.
Once you do get a settlement offer, do not accept it immediately. While it can be tempting to accept the offer and move on, most first-time settlement offers are low-balled and not reflective of what you truly deserve. Protect your right to your full damages amount by having your claim reviewed by an attorney to ensure it is fully reflective of what you’re owed.
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Get Legal Counsel
Finally, if your damages are severe and your injuries serious, it is strongly recommended that you get legal counsel. Your attorney should work on a contingency fee basis, which means that you won’t owe your attorney any out-of-pocket fees and will only pay your attorney in the event that you recover a settlement.
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