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Five Common Myths About Auto Accident Claims

1. Myth: If you approach the insurance carrier reasonably, you will be offered a fair settlement proposal.

Reality: Like most businesses, insurer companies operate on a profit basis and will not always make an offer that is in your best interests.

2. Myth: After your accident the insurance carrier may call you for a recorded statement. You are required to provide this statement to move forward with your claim.

Reality: A recorded statement is NOT required to settle your claim. In fact, we strongly recommend speaking with an attorney prior to giving a recorded statement. This statement is your account of the accident and may be used against you in the future. Particular words or phrasing may have a legal significance that you are unaware at the time you give your recorded statement and this may affect your claim.

3. Myth: When someone hits and injures you, their insurance company is required to pay your medical bills.

Reality: At first glance, this statement appears truthful. What’s missing is the unwritten “if” at the end. One big “if” is your ability to prove that your injury is related to the accident. Another big “if” is whether or not the insurer decided to pay the medical bill as presented. They may decide to pay only a portion, leaving you responsible for the remainder.

4. Myth: All attorneys charge their clients 33% to handle your accident case.

Reality: While this is typically a true statement, our contract states that if our fee is larger than what you net after your expenses (medical bills and liens) have been paid out, we will reduce our fee so that your net is greater than our fee.

5. Myth: If you have been in an accident and are not at fault, an insurance company will pay for your bills, lost wages and injuries.

Reality: The burden of proof is on you, the claimant, to prove that your claim is related, documented, and payable. If you cannot do so, they will refuse to pay all or part of your claim.

About the Author

Joseph R. Baznik
Attorney Joseph Baznik is an attorney at Younce, Vtipil, Baznik & Banks P.A. who specializes in workers' compensation and personal injury. Joseph speak fluent both English and Spanish. He is licensed to practice law in the State of North Carolina and the U.S. District Court for the Western District of North Carolina.

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