Auto accident victims sometimes receive less compensation than they expected for several reasons, including disputes over fault, limited evidence, low settlement offers, or damages that have not been fully documented.
Policy limits, shared fault, and the severity of your injuries can also affect how much a victim ultimately receives. Knowing what can reduce a settlement can help explain why an insurer’s initial offer may not cover the full extent of the losses.
At Adam Smallow Injury Lawyers, our legal team will evaluate your case and work to optimize your settlement reward so that it fully reflects your losses.
Navigate This Page
- Delays or Gaps in Medical Care
- How Shared Fault Can Reduce Your Compensation
- How Insurance Policy Limits Recovery
- How Insurers Weaponize Pre-Existing Conditions
- Insufficient Documentation and a Lack of Evidence
- Settling Too Soon
- Recorded Statements and Social Media Posts
- Get in Touch With Our Car Accident Attorney for Legal Help
Delays or Gaps in Medical Care
Delaying medical treatment after an auto accident can make it harder to show that your injuries are connected to your crash. Insurance adjusters may question whether an injury was caused by the incident, became worse because treatment was delayed, or was not as serious as you originally claimed.
Skipping appointments or ending physical therapy early can create similar problems. Gaps in treatment may suggest that the injury improved or that continued care was not necessary, even when that is not the case.
Follow your treatment plan and keep your scheduled appointments. This helps document your injuries and the treatment needed for your recovery. If you need to miss an appointment or stop treatment, talk to your medical provider and keep a record explaining why.
How Shared Fault Can Reduce Your Compensation
Under Maryland’s strict contributory negligence rule, if you are found even partially responsible for the accident, you may be barred from recovering compensation. Insurance adjusters may try to shift blame onto you by claiming you were speeding, distracted, following too closely, or failed to yield. Your attorney can use evidence to show how the accident unfolded, challenge these claims, and protect your right to pursue compensation.
How Insurance Policy Limits Limit Recovery
When an at-fault driver’s insurance does not cover the full cost of an accident, an injured person may be left with unpaid losses. Policy limits can restrict how much the insurer will pay, even when medical bills and other expenses are much higher.
Insurance companies generally will not pay more than the policy limits. Serious injuries can quickly result in economic and non-economic damages that exceed those limits. Depending on the circumstances, however, uninsured or underinsured motorist coverage or a claim against another responsible party may provide additional compensation.
How Insurers Weaponize Pre-Existing Conditions
Insurance adjusters may also point to pre-existing conditions to argue that the accident did not cause the claimed injuries. This often comes up with neck and back injuries, where an insurer may blame symptoms on age-related changes or previous injuries.
Fortunately, there are laws that help protect a person who has pre-existing injuries. For example, the eggshell plaintiff rule generally holds that a defendant may be responsible for the harm caused by aggravating a pre-existing condition, even if the victim was more vulnerable to injury than an average person.
Insufficient Documentation and a Lack of Evidence
Failing to keep proper records can make it harder to prove the full value of an accident claim. This comes down to two common problems:
- Missing evidence from the scene
- Undocumented losses
Without photos, witness information, police reports, or other evidence from the accident scene, it may be harder to prove what happened and who was at fault. Similarly, without receipts, pay records, or other documentation showing the financial loss, you may be unable to include out-of-pocket expenses and missed work hours in a settlement.
Get on the road to recovery with competent legal representation and high-quality medical professionals. Contact our Maryland personal injury lawyer today.
Settling Too Soon
Accepting an insurance settlement too soon can leave you with less compensation than you need to recover. Insurers may make low initial offers before they know the full extent of an injury, especially while you are still receiving treatment.
- Low early offers: An initial settlement may be based on limited medical information before the injured person reaches maximum medical improvement.
- Unknown future costs: Future treatment, rehabilitation, or other expenses may not be clear early in recovery.
- Signing a release: Accepting an offer usually requires signing a liability release, preventing additional compensation later, even if new medical costs arise.
If you settle your case too early, you cannot go back to ask for more money if you incur additional costs and damages, such as medical care or lost wages.
Recorded Statements and Social Media Posts
Insurance companies often try to use an injured person’s own statements or online activity to challenge a claim. A casual comment during a recorded call, such as saying you are “feeling better,” may be taken out of context and used to argue that your injuries are less serious than reported.
Insurers may also look at social media for posts that seem inconsistent with reported physical limitations. For example, photos or videos showing someone exercising, lifting something, or participating in social activities could be used to argue that the injury is less serious than reported. Even posts that lack context could be used against a claimant.
Discuss Your Car Accident Settlement For Free
Your car accident settlement offer might be less than expected for many reasons, from disputed fault to insufficient evidence, or low insurance policy limits. A car accident attorney can review your accident details, identify issues that may affect your claim, and help you understand your options for pursuing compensation.
We offer free consultations. Our legal team at Adam Smallow Injury Lawyers is committed to helping injured people understand their legal options and pursue the compensation they may be entitled to. Contact our firm today at (410) 449-7900 to schedule your free appointment to discuss your car accident claim.
