Your rights against
the at-fault party

When you or someone you know has sustained a serious or life-changing injury due to the negligence or reckless actions of another driver, you may be entitled to a significant financial recovery. In order to maximize your claim, it is important to take action immediately. Hopefully, the person at fault will have an auto insurance policy in place to help pay for your losses. However, you can be sure that their insurance adjuster will be working hard to represent the insured and minimize the amount of money they have to pay out. So how do you make sure that you get full value for your claim?


There are steps you can take to protect your rights and some common insurance tricks to watch out for. The Insurance Justice Center can help. While you focus on your physical and emotional recovery, our legal team can focus on the recovery of your losses. We understand how emotionally exhausting and financially burdening it can be to be faced with any personal injury matter. Our job is to take on the insurance companies and help you get the most for your claim. You can be confident that when you work with our attorneys, we will effectively file your claim and seek justice on your behalf. Here are some first steps you can take to protect your rights:

First Steps


Call 911

It is very important to call 911 when involved in any serious car crash. Not only can they send an ambulance for any emergency medical care, but the police on the scene can document the details of the crash in their report.


Notify All Insurance Carriers

If you or a loved one is injured in a crash due to someone else’s negligence, it is important to notify the at-fault driver’s insurance company, since they will likely be responsible for paying for your losses. If possible, at the scene of the crash take a picture of the at-fault driver’s insurance card. Keep in mind that you may not be able to rely on them to notify their insurance company.


Preserve Evidence

If you can, take pictures of the damage to your car as well as the crash scene and any traffic control signs or signals. You may also want to take pictures of any visible injuries you may have sustained. This will help preserve evidence of the seriousness of the crash and may be very important in determining fault and the value of your claim.


If possible, it is also a good idea to collect names and phone numbers of any witnesses at the crash scene. The police generally do interview witnesses at the scene, but they may overlook a key witness to help determine fault.

Insurance Tricks

If you have been injured in a crash, many times the at-fault party’s insurance company will offer you much less than your claim is worth. They may pressure you to settle quickly and cheaply. Know your rights and avoid these insurance tricks:


It can be difficult to determine the real value of a personal injury claim. Medical treatment can be very expensive and you may have lost wages or even sustained a permanent injury or disability that makes it impossible to work. The one thing you know for sure is that the insurance adjuster has one job: to pay you the least amount possible to settle a claim. In order to avoid paying the full amount, insurance adjusters often use unfair methods to value claims. For example, they may only offer to pay for your out of pocket expenses, when in fact the at-fault party should not get credit for steps you have taken to protect yourself, such as health insurance. They may also fail to take into consideration future medical expenses, lost wages, as well as other types of losses such as pain and suffering. Protect your rights and make sure you are getting full value for your injury claim.


Most states have adopted a system of comparative fault. This means that you may only get paid for the portion of fault assessed to the at-fault party. However, insurance adjusters will often improperly blame you and try to reduce the amount they pay you accordingly. Just because you’re in a crash does not mean that you should take 20% less just because an insurance adjuster says so. An attorney can help protect your rights and determine what amount is fair to compensate you for your injuries.

Talk You Out of Using A Lawyer

Insurance adjusters may discourage you from hiring a lawyer and falsely tell you that you will receive more money without one. However, the insurance company’s main objective is to pay the minimum amount they can get away with. Remember, they do not represent you, they represent the at-fault party and they are always looking out for their own company’s financial interests. If you have been injured, you need someone to look out for you and protect your rights. Hiring a lawyer can help protect your financial interests and get you the maximum recovery for your losses. 


At the Insurance Justice Center, our legal team will tirelessly pursue your compensation to fully represent your interests without compromise, in or out of court. We strongly advise you against navigating the legal system alone. With our experienced and professional assistance, you can be sure we will protect your rights and seek the justice you deserve.

We're here to help

Give us a call at 877.765.9010 or fill out this form to receive a free consultation.

The Insurance Justice Center serves clients nationwide, handling a wide range of injury claims. We are interested in hearing from you.

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