After being involved in an accident, insurance adjusters get involved very quickly – sometimes so quickly that you don’t even have time to think about talking to a personal injury attorney first. However, as personable as your insurance adjuster may seem, they’re not on your side. While you may feel desperate to prove that you weren’t at fault or entirely at fault for the accident, you want to keep your guard up when talking to an insurance adjuster.

Here, we’ll go into why you should be wary of insurance adjusters and what to do after being involved in an accident. 

Understanding Your Insurance

First things first, you want to ensure that you have a thorough understanding of your insurance coverage. The better you understand it, the less likely it is that you will be taken advantage of. As much as we’d all like to trust our insurance to treat us fairly and not take advantage of us, the unfortunate reality is that this is rarely the case. 

Your insurance company is looking out for ways to make as much money as possible while paying as little as they possibly can. Since you’re paying for your insurance, you may think this means that they’re on your side, but your insurance company is on their own side – not yours. Insurance adjusters are trained to be friendly and make you think you can give them a written or recorded statement, but you don’t want to do this.

This doesn’t mean you shouldn’t communicate with your insurance or anything like that. You need to inform your insurance about accidents within 24 hours, as failure to do so can end up complicating or even invalidating your claim. 

Rather, you want to work with a personal injury attorney. This is because attorneys know how to work with insurance to ensure that you receive the best possible results. We’ll go further into the things insurance adjusters can do below so that you can better understand how important it is to have an attorney on your side throughout the insurance claims process.

Why You Should Be Wary Of Insurance Adjusters

Being involved in an accident is stressful enough, even without having to deal with insurance. Dealing with insurance adjusters can make it even more stressful. While the claims process should be simple, it’s commonplace for insurance companies to complicate matters and make it challenging to understand what you should do and how things should be handled.

Some of the things insurance adjusters can do include the following.

#1. Claiming That You Are At Fault

If you were a victim to an accident, proving this can be far more challenging than it should be. Insurance adjusters often try to pin the blame on you in order to avoid paying you. They want to give you as little as possible. 

Even if you think that you are guilty or partially to blame for what happened, never admit this to your insurance. Even if you think that the accident was your fault, the other person may be partially to blame through recklessness or other such behavior. This is why taking accident scene pictures and contacting witnesses is so important. 

#2. Claiming That Your Damages Aren’t Covered By Your Policy

Most people don’t really understand the ins and outs of their insurance policies – and your insurance is counting on that. They also don’t understand the amount of damages they deserve. Insurance companies often try to claim that your policy won’t cover the damages from the accident, whether they involve physical injuries or property damage. They do this by stretching the truth and trying to take advantage of you.

This can lead to your insurance not paying claims, delaying payments, not investigating adequately, and more. 

#3. Trying To Pressure You Into Accepting A Low-Ball Offer

Insurance adjusters may offer you a certain amount right out of the gate in order to try to resolve your claim as soon as possible. The initial offers are seldom, if ever, the amount that you deserve. They are often extremely low, counting on you being grateful to receive anything at all, without full knowledge of how much you may be entitled to.

Personal injury attorneys fight for you to be able to receive the compensation you deserve. Typically, clients with personal injury attorneys receive 3x the amount that unrepresented clients do. 

#4. Trying To Pressure You Into Giving A Statement

Your insurance adjuster may try to pressure you into giving a written or recorded statement. This may seem harmless, but remember that anything you say can and will be held against you, even offhand remarks.

Consult with an attorney before doing anything like this. Personal injury attorneys know how to prove responsibility and how to work with insurance companies to ensure that you receive the damages you deserve. 

#5. Ask If There’s Anything You Could Have Done To Prevent The Accident

Your insurance adjuster seems nice and friendly, so if they ask you if there’s anything you could have done to prevent the accident, you may think that it’s fine to share. They may ask about the weather, driving conditions, all sorts of things. Do not do this. Direct them to speak with your attorney. 

Dealing With Insurance Adjusters

Insurance adjusters are just doing their jobs. Their job is to prevent fraud by ensuring that you’re not lying about the accident and to settle claims quickly and for a low amount. Many insurance adjusters do not have specialized medical or legal knowledge.

Having a personal injury attorney on your side gives you a leg-up. With evidence and advanced knowledge of your case, your attorney will be able to help you deal with insurance adjusters so that you receive the compensation you deserve.

At LeBaron & Jensen P.C., our personal injury attorneys work hard to help you deal with insurance companies. Contact us today to schedule a case consultation. 

Many swimming pool accidents result from people fooling around or not supervising young children closely enough. However, others result from negligence on the part of the pool owner/manager. Here is what you need to know about swimming pool accidents: the duty of care, the different types, liability, and more.

What Is The Duty Of Care For Swimming Pool Accidents?

The duty of care varies, depending on why the person is at the pool.

• Trespassers are there without permission. The pool owner/manager typically has little to no duty of care to warn about hazards. Young children who can access the pool are the exception under the attractive nuisance doctrine.
• Licensees are people who have permission to be on the property, like a party at your house. You must warn of any hazardous conditions that you know about, including safety warnings and fencing. 
• Invitees are people who are there because the pool is public or part of business, like apartment residents. You must warn all visitors of known hazards and dangers and conduct reasonable inspections for such hazards.

Types Of Swimming Pool Accidents

Swimming pool accidents/injuries include:

• Drowning
• Entrapment drowning
• Near drowning
• Pool slide accidents
• Diving board accidents
• Entrapment under pool toys/floaties
• Slip and fall accidents
• Pool chemical accidents
• Electrical injuries

Injuries from swimming pool accidents can include: broken bones, traumatic brain injuries, spinal cord injuries, paralysis, disembowelment/evisceration, and death. Traumatic brain, neck, and spinal cord injuries are the most common. Injuries around pools put people at greater risk of drowning, especially children. 

While drowning is not always fatal, it certainly can be. Drowning can happen very quickly, and very quietly due to lack of ability to motion or yell for help. 

What Can Cause Swimming Pool Accidents

People horsing around can cause swimming pool accidents, as can fighting. 

Children can drown in the amount of time it takes to answer a phone. Children must be watched closely when in or around water. Drowning can happen in any water, even if it’s incredibly shallow. 

Teenagers are more likely to have swimming accidents related to drugs and alcohol. The CDC states that about 70% of swimming pool deaths involve alcohol, due to impaired judgment and lack of coordination.

In addition to these instances, issues around the pool itself can lead to swimming pool accidents. This can lead to a premise liability case, as pool owners/managers have a duty to maintain their property in a safe manner and can be held liable if accidents occur on property due to owner’s negligence. Some of these instances are as follows. 

• Loose pool ladders can cause people to fall
• Rusted diving boards can cause nasty cuts
• Unmarked shallow ends can cause spinal injuries if people dive
• Smooth/slick pavement can cause slip and fall injuries (should have traction, cracks should be repaired promptly, algae should be taken care of/prevented)
• Pumps must have specific devices installed to prevent suction entrapment
• Pools must have at least a 4 foot fence around them for security, with gates
• Equipment must be maintained and secured
• Spills, like sunscreen, ice cream, drinks, can make slippery surfaces
• Clutter like pool toys can make people trip
• Poorly constructed diving boards or pool slides can cause serious injuries

Proper signage informing people of dangers around the pool and pool rules is important and a key part of reducing swimming pool accidents. 

How To Reduce Swimming Pool Accidents

People should be advised on how to reduce their risk of swimming pool accidents, such as:

• No running/walking slowly
• Wearing shoes with traction
• No diving in shallow areas
• Using flotation devices/children especially
• Ensuring there is a lifeguard on duty (public pools)
• Locating rescue flotation devices/reaching poles before getting in
• Ensuring that there are safety drain covers
• Learning CPR in case an emergency occurs
• Knowing local laws for pools/ensuring yours meets all requirements 
• maintaining pool regularly/cleaning up spills/messes as they occur
• Placing no-slip mats where water tends to accumulate
• Preventing diving boards/ladders/etc from becoming slippery 

When Can Pool Owners Be Held Liable For Swimming Pool Accidents?

People using the pool have a duty to obey safety signs and warnings. Children should be supervised carefully. However, if injury occurred due to pool owner/managers’ negligence, you may be able to hold them responsible. A personal injury lawyer will be able to work with you and tell you whether or not you have a case on your hands. 

Property owner may be held liable if:

• They knowingly failed to eliminate hazards they were aware of
• They failed to eliminate hazards they had time and opportunity to learn of but failed to
• They failed to provide appropriate signage about the hazards
• They failed to hire/delegate staff to maintain safety/cleanliness of pool area 
• Improper lighting
• Improper barriers around pools
• Failure to adhere to local ordinances/state laws
• Lack of depth markers
• Lack of safety equipment 
• Unrestricted access
• Overcrowding/not having a limit to how many people are allowed in the pool/the pool area
• Poorly trained/distracted lifeguards

However if warning signs were ignored or the pool owner/manager could not have reasonably known about the hazard prior to the accident, they likely cannot be held liable.

Plus, sometimes it is not the pool owner who is responsible for an issue, but the manufacturer of the pool or pool equipment. The manufacturer of the pool or pool equipment may be held liable for defective products and accidents or deaths that result.

Do You Need A Personal Injury Attorney?

LeBaron & Jensen is here to help. We represent clients from Utah, Wyoming, Colorado, and Arizona. If you think you have a personal injury case on your hands, please don’t hesitate to contact us and schedule your free consultation. If you do have a case, you don’t need to worry about paying a fee until we win.