Top Tactics Insurance Companies Use to Undermine Your Claim

Offering a Quick, Lowball Settlement

One of the most common tactics is offering a fast settlement shortly after the accident. While this might seem helpful, these initial offers are often significantly lower than the actual value of your claim.

• Why They Do It:
  • To resolve the case before you understand the full extent of your injuries or damages.
  • To avoid paying for ongoing medical expenses or the long-term effects of the accident.
• How to Protect Yourself:
  • Only accept the first offer by consulting an attorney.
  • Evaluate the total cost of your damages, including future medical bills and lost wages.

Questioning the Severity of Your Injuries

Insurance adjusters may downplay the severity of your injuries, suggesting they are not as severe as you claim.

• Tactics Include:
  • Requesting unnecessary or excessive medical records.
  • Arguing that your injuries are unrelated to the accident.
  • Claiming you are exaggerating your symptoms.
• How to Protect Yourself:
  • Keep detailed medical records and follow your doctor’s treatment plan.
  • Obtain statements from medical professionals about the extent and cause of your injuries.

Delaying the Claims Process

Insurance companies may intentionally delay processing your claim, hoping you’ll become frustrated and accept a lower settlement.

• Common Delay Tactics:
  • Claiming they need more documentation.
  • Assigning multiple adjusters to your case to confuse.
  • Avoiding communication or failing to provide updates.
• How to Protect Yourself:
  • Keep a record of all communications with the insurer.
  • Set deadlines for responses and escalate the issue if necessary.
  • Involve an attorney to push for a timely resolution.

Blaming You for the Accident

Insurers often try to shift some or all blame onto you to reduce liability.

• How They Do It:
  • Suggesting you violated traffic laws or were distracted.
  • Use comparative negligence laws to argue you share responsibility for the accident.
• How to Protect Yourself:
  • Collect evidence, such as photos, witness statements, and police reports, to prove fault.
  • Let your attorney handle disputes over liability.

Arguing Your Injuries Are Pre-Existing

If you have a pre-existing condition, insurers may argue that your injuries were not caused or worsened by the accident.

• How They Try to Prove This:
  • Requesting access to your entire medical history.
  • Using prior medical records to claim your injuries was inevitable.
• How to Protect Yourself:
  • Provide only relevant medical records.
  • Work with your doctor to document how the accident aggravated your condition.

Claiming You Didn’t Seek Prompt Medical Attention

If you delay seeking medical care, insurers may argue that your injuries are not serious or were unrelated to the accident.

• Why This Matters:
  • Gaps in treatment can be used to suggest your injuries are exaggerated or fabricated.
• How to Protect Yourself:
  • Seek medical attention immediately after the accident, even if you feel fine.
  • Follow all recommended treatments and keep records of appointments.

Using Surveillance to Discredit You

Insurers may use surveillance to monitor your activities, looking for evidence contradicting your claims.

• Common Methods:
  • Watching your social media for posts that downplay your injuries.
  • Hiring investigators to observe you in public.
• How to Protect Yourself:
  • Avoid posting about your accident or injuries on social media.
  • Be honest about your limitations and avoid activities that contradict your claims.

Misrepresenting Policy Coverage

Some insurance companies may mislead you about the coverage available under your policy.

• Examples:
  • Failing to disclose additional coverage, such as uninsured/underinsured motorist benefits.
  • Claiming certain damages are not covered when they are.
• How to Protect Yourself:
  • Review your policy thoroughly and consult an attorney if you’re unsure about coverage.
  • Don’t rely solely on the adjuster’s interpretation of your policy.