The Biggest Mistake People Make With an Insurance Claim

The biggest mistake people make when dealing with an insurance claim is agreeing to something before they know what their injuries will cost. That can mean giving a recorded statement, accepting an early offer, or signing a release. Those steps are hard to undo. This page explains that mistake and the related errors that often follow it, using Georgia law and guidance from Georgia’s insurance regulator. T. Madden & Associates, P.C. has handled personal injury cases in Georgia since 1999.

The costliest error: committing before you know the full value

The costliest error is agreeing to terms before your injuries and their effects are clear. Some injuries show up days or weeks after a crash. Soft-tissue damage, concussions, and back problems can grow worse over time. Someone who feels sore on day two may not understand the full picture for months.

An insurance adjuster works for the insurance company. Even a friendly call has one goal: resolve the claim for an amount the company chooses. Georgia’s Georgia insurance claim tips advise claimants not to rush into an offer and note they may negotiate for a fair settlement. The rest of this page covers the mistakes that most often lead to this one.

Giving a recorded statement before the facts are clear

A recorded statement is an interview the adjuster tapes, and adjusters often ask for one early. They may ask before you have read the police report or talked with anyone about your injuries. Answers given in a hurry can be misread later.

Common problems include guessing at speed or distance, saying “I’m fine” about pain, and mentioning old injuries or past activities. Those words can be used against you even when you meant them kindly.

Georgia’s Georgia auto claim tips advise avoiding statements about fault. Instead, write down what you remember while it’s fresh. Ask for questions in writing. Take time before you answer. Stick to basic facts like the date, the place, and the direction of travel.

Accepting an early settlement offer

Accepting an early settlement offer is risky because the full cost of your injury may not be known yet. Early offers often arrive before treatment is finished. That makes future care hard to price.

An injury claim can include medical bills, lost wages, and pain and suffering. Georgia law separates these. Under O.C.G.A. § 51-12-2, general damages are presumed to flow from a wrongful act and can be recovered without proof of any amount. Special damages, such as actual bills and lost pay, must be proved.

A quick offer may cover the bills you have now and leave out what’s still coming. Once a settlement is signed and paid, the claim is generally closed, so the choice is hard to reverse. If a commercial truck is involved, several insurers and policy limits may be in play. That makes an early number harder to judge.

Gaps in medical treatment and what your records show

Gaps in treatment can be used to question how serious your injury was. Insurers often read medical records for gaps between visits. A long gap can be used to argue the injury wasn’t serious, even when the pain was real.

Follow the treatment plan your doctor gives. Go to follow-up visits. Tell your provider about every symptom, even small ones. Keep copies of bills, prescriptions, and receipts for trips to appointments. Write down any missed work. Your medical record is the main proof of what the injury is and how it affects daily life.

Medical bills get close review, too. When care is given under a letter of protection, that letter and the itemized charges can be reviewed by the other side.

Signing releases and authorizations without reading them

Signing a release without reading it can end your claim before you know what you gave up. A narrow authorization may let an insurer get one specific bill or record. A broad release may cover all your medical records or every future claim from the crash.

These forms sometimes arrive with an early check. Read every page before you sign. Ask in writing what the form covers and what it releases. If something is unclear, don’t sign on the spot. Keep a copy of everything you sign and every check you receive. A signed release can end a claim, so treat it as a final decision.

Missing deadlines and losing evidence after a truck crash

In Georgia, a personal injury lawsuit generally must be brought within two years. Under O.C.G.A. § 9-3-33, actions for injuries to the person generally must be brought within two years after the right of action accrues. Some claims have exceptions, so the exact date depends on the facts.

Waiting months for an adjuster to respond can use up time you need to file suit. If a city may be responsible, shorter rules apply. For a claim against a municipal corporation, O.C.G.A. § 36-33-5 requires the claim to be presented in writing to the municipality’s governing authority within six months of the event.

Truck cases carry their own evidence risks. Electronic logging device (ELD) records show a driver’s duty status, and motor carriers generally must require their drivers to use them under 49 C.F.R. § 395.8, subject to exceptions such as allowing manual duty-status records for certain drivers. Driver qualification files generally must be kept for as long as the driver is employed and three years after, under 49 C.F.R. § 391.51, though some records in the file, such as annual driving-record reviews and medical certificates, may be removed three years after they are created. Dash camera video and maintenance records can also be lost. A written request to preserve evidence, sent early, helps. Georgia law also generally limits when a motor carrier’s insurer can be joined in a lawsuit, under O.C.G.A. § 40-1-112.

Handling a difficult adjuster, and what to do next

A calm, written record helps most when an adjuster pushes hard. Ask for the reasons behind a denial or low offer in writing. Keep a log of calls with dates, names, and what was said. Don’t agree to a number on the phone. Ask for time to review it.

If you believe your insurer handled the claim unfairly, you can file a complaint with the Office of the Commissioner of Insurance. File a consumer insurance complaint describes the process.

Many readers are handling this for a parent, spouse, or friend. Decisions can feel urgent and confusing when you aren’t the one who was hurt. You don’t need to make every decision today. The firm handles personal injury cases on a no-fee-unless-we-win basis, but the client may still be responsible for court costs and case expenses. Terance Madden is the responsible lawyer for this page. To talk through your situation, contact T. Madden & Associates, P.C. through the firm’s contact page.