A sideswipe accident can turn your day upside down. One moment, you're driving along; the next, another vehicle edges into your lane, scraping or colliding with your car. While sideswipes often don't look as dramatic as head-on or rear-end collisions, they can lead to serious damage, injuries, and extensive repairs.
Whether you're dealing with medical bills, repair costs, or the headaches of handling insurance claims, the aftermath of a sideswipe is anything but simple. Having a Fort Lauderdale car accident lawyer on your side can make all the difference, especially when insurance companies try to dodge paying what they owe.
Let's examine what happens if you're sideswiped, how insurance companies often try to minimize or deny your claim, and how a skilled car accident lawyer can defeat these tactics and fight for a fair resolution.
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The Impact of a Sideswipe Accident
When another vehicle sideswipes yours, the damage isn't limited to dents and scrapes. Sideswipes can cause significant harm, both to you and your car. They often push vehicles off-course, leading to dangerous maneuvers to avoid further collisions. Common effects of a sideswipe include:
Injuries to the Driver and Passengers
The force from a sideswipe can push you sideways in your seat, leading to whiplash, spinal cord damage, shoulder strains, fractures, and other devastating injuries. These injuries may not be immediately visible, but they can require extensive medical treatment and affect your ability to work.
Damage to Your Car's Structure
A sideswipe often damages your vehicle's side panels, doors, mirrors, and alignment. Repairs for these damages can be costly, especially if the collision compromises the structural integrity of your car.
Emotional Impact and Stress
The shock of a sudden accident, even one that might appear minor at first glance, can have lasting effects on your peace of mind. Many people feel anxious about getting back behind the wheel after a sideswipe.
The Potential for Further Collisions
Sideswipes can push a vehicle into other lanes, off the road, or even into oncoming traffic. Sometimes, a sideswipe can cause a chain reaction, damaging multiple vehicles and increasing the risk of severe injuries.
While each of these consequences is serious, the aftermath often becomes even more complicated when dealing with insurance companies.
How Insurance Companies Try to Avoid Paying Sideswipe Claims
Insurance companies are businesses, and like any business, they aim to minimize payouts to protect their bottom line. They employ various strategies to reduce or deny valid claims resulting from sideswipe accidents.
To achieve this, they frequently rely on specific tactics. Knowing these tactics helps you recognize when the insurer is trying to shortchange you and can prepare you for what to expect in the claims process. Here are some of the most common strategies insurance companies use in sideswipe accident cases.
Blaming You for the Accident
One of the most frequent tactics insurance companies use in sideswipe cases is shifting the blame onto you. They might argue that you drifted into the other lane, even if that's false.
Since sideswipes often lack clear evidence showing who caused the collision, adjusters take advantage of this ambiguity. They'll imply that you were at least partially at fault, hoping to deny your rightful compensation.
With limited physical evidence and no clear-cut cause of impact, insurers seize the opportunity to muddy the waters.
They may suggest that witness statements or minor details from the accident report indicate your responsibility. This tactic is particularly common when the sideswipe occurs on multi-lane roads or highways where multiple vehicles are moving at high speeds, making it difficult to determine fault without a thorough investigation.
Claiming Your Injuries Aren't Severe
Insurance companies may also downplay the severity of your injuries. Adjusters often argue that sideswipe collisions don't cause significant harm, suggesting that any pain or medical issues you report are exaggerated or unrelated to the accident.
For instance, if you report back pain or neck stiffness, the adjuster might question whether those symptoms are truly connected to the sideswipe or are due to an existing condition or unrelated strain.
The insurer attempts to justify a much lower settlement by dismissing your injuries. They know that injuries like whiplash, back strains, or soft tissue damage can be difficult to prove, especially if you didn't immediately seek medical treatment.
They may even suggest that minor injuries from a sideswipe shouldn't require extensive medical attention, hoping you'll accept a lowball offer without challenging their evaluation.
Offering a Quick, Low Settlement
After a sideswipe, you might receive a quick settlement offer from the insurance company. While this can seem convenient, it's often far less than your case is worth. The insurer knows that the stress of handling medical bills, car repairs, and time off work can make a quick payout tempting. They hope you'll jump at the first offer without realizing it barely covers your expenses, let alone future costs related to your injuries.
Insurance companies understand that a low initial offer may push you to accept less than you deserve, especially if you're dealing with the anxiety of mounting bills.
By settling quickly, they avoid the risk of you later realizing the true extent of your injuries or damages, which will likely result in a higher payout if you would have pursued the claim further.
Delaying Tactics
Insurance companies sometimes slow the claims process, hoping you'll get frustrated and either drop your claim or settle for less than what you're owed. This delay can create distress if you're dealing with medical bills, car repair costs, or lost income due to injuries. By drawing out the process, they're banking on the idea that financial stress will eventually push you to accept a lower settlement.
You might experience delays in receiving responses, excuses for additional documentation requirements, or ongoing "investigations" that don't seem to progress.
Delaying tactics are common in cases where the insurance company thinks you'll eventually give up, allowing them to avoid paying a fair settlement altogether.
Using Ambiguous Policy Language
Insurance policies are notorious for their legal jargon and complicated clauses. Insurance companies know this and often use ambiguous policy language to deny a claim.
They might argue that the specifics of your accident don't fall under covered incidents, twisting policy terms to suit their needs. This tactic is designed to make you question whether your claim is valid or even feel discouraged from pushing back against the denial.
For instance, an adjuster may cite exclusions or limitations in the policy and argue these apply to your situation, despite the circumstances clearly fitting within the coverage.
This approach works particularly well against claimants who don't have a thorough understanding of policy language. Having a Fort Lauderdale car accident lawyer review the policy can prevent the insurance company from taking advantage of these ambiguities.
Bringing Up Previous Claims or Pre-existing Conditions
If you've been in an accident previously or have an existing medical condition, the insurance company might argue that your injuries aren't new. They'll attempt to link your current injuries to past events.
For example, if you've previously sought medical treatment for back pain, they may suggest that your current discomfort is related to that prior condition rather than the recent sideswipe accident.
This tactic relies on the idea that pre-existing conditions discredit your current injuries, even though the accident may have aggravated an old injury or caused a new issue entirely. The insurance company hopes to minimize the settlement they owe you by attributing your pain to past claims or medical history.
How a Car Accident Lawyer Can Help Defeat These Tactics
An experienced Fort Lauderdale car accident lawyer is prepared to handle these tactics head-on, ensuring that your claim is given the attention it deserves. Here's how they can make a difference:
Building a Strong Case
When an insurance company tries to blame you for the sideswipe, your personal injury attorney can gather evidence to support your account. They might bring in accident reconstruction experts to determine the angle of impact, analyze any traffic or surveillance footage, and interview witnesses who can verify your side of the story.
With a clear picture of what happened, you're in a better position to challenge any unfair claims that you were responsible for the wreck.
Proving the Extent of Your Injuries
A car accident lawyer will work closely with medical professionals to document the full extent of your injuries, ensuring that your claim reflects your immediate medical needs and any ongoing treatments, therapies, or potential long-term impacts on your health.
Again, insurance companies often underestimate the severity of injuries from a sideswipe. Thorough documentation from a medical team strengthens your case.
Negotiating with the Insurance Adjuster
With a Fort Lauderdale car accident lawyer, you have someone skilled in negotiating with insurance companies and aware of their tactics to minimize payouts. Your attorney will handle these negotiations, pushing back against unfair offers and ensuring you don't accept less than what you're owed.
Handling Delays and Stalling
When insurance companies use stalling tactics, a car accident lawyer knows how to keep the process moving. They can apply pressure, holding the insurer accountable for responding within reasonable timeframes. If necessary, they'll file a lawsuit to escalate the matter and show you're serious about seeking fair compensation.
Challenging Policy Language and Denials
Insurance policies are complex, and adjusters know how to twist language to fit their agenda. Your car accident lawyer will examine the fine print, identifying any inaccuracies or misrepresentations in the denial. They'll argue on your behalf, often forcing the insurance company to re-evaluate the claim.
Defending Against Past Claims and Medical History
If the insurer brings up prior injuries to downplay your current claim, a personal injury attorney can counter this tactic by gathering medical records highlighting the distinct nature of your current injuries.
By separating these incidents and demonstrating the specific effects of the sideswipe, your lawyer ensures that your claim reflects the true impact of the accident.
Why You Shouldn't Handle a Sideswipe Claim Alone
While it might seem straightforward to handle a sideswipe claim on your own, the insurance company's tactics and the complexities of the legal system make it anything but simple.
Without a Fort Lauderdale car accident lawyer, you can face unjust blame, lowball offers, and countless delays.
Having a lawyer gives you the peace of mind that a dedicated professional will advocate for you. They'll handle the claim's complex and often frustrating aspects, allowing you to focus on your recovery. In many cases, people find that the compensation they receive with legal help far exceeds what they would have gotten on their own.
Preparing for a Sideswipe Accident Claim
Taking steps early in your claim can significantly affect the outcome.
Here's what your car accident lawyer will advise you to focus on:
- Collect all medical records: Medical records are the backbone of your claim, detailing every injury and treatment. They provide clear documentation of the injuries you sustained and their associated costs.
- Document all expenses: Keep receipts and records for every expense tied to the accident, including car repairs, medical bills, and even transportation costs to doctor appointments.
- Note changes in your daily life: If your injuries prevent you from doing normal activities, write this down. Whether it's time off work, missed events, or daily limitations, all these details paint a picture of how the accident affected you.
Reaching a Fair Settlement or Filing a Lawsuit
Once the evidence is gathered and the claim is solid, your car accident lawyer will work to negotiate a fair settlement with the insurance company. The chances increase that your case will end this way.
However, your personal injury attorney may recommend filing a lawsuit if the insurer refuses to provide an adequate settlement. Filing a suit can sometimes encourage the insurance company to settle rather than risk a courtroom battle, but if a trial is necessary, you'll have a strong case to present.
Learn More About Your Legal Options
Although being sideswiped may seem minor initially, the reality can be far more disruptive. From the initial impact to the often complex and frustrating claims process, a sideswipe accident leaves lasting consequences.
You don't have to handle these challenges alone, though. A Fort Lauderdale car accident lawyer can guide you through every step, fighting against insurance tactics, ensuring you're not unfairly blamed, and working tirelessly for the compensation you deserve.
Whether you're dealing with injuries, property damage, or an uncooperative insurance company, having the right legal advocate in your corner ensures that your claim is treated with the seriousness it deserves. Please don't hesitate to contact a skilled car accident lawyer.