Partner at AKD Lawyers
Practice Areas: Insurance Claims
When dealing with an insurance company after an accident, it’s crucial to understand one thing: their priority is to protect their bottom line, not you. Insurance adjusters and companies use various strategies to reduce liability and minimize claim payouts. Without proper guidance, accident victims may fall prey to these tactics, leading to inadequate compensation for their injuries and damages.
In this post, we’ll dive into insurance companies’ and adjusters’ most common tactics and explain how an experienced personal injury attorney can protect your rights and secure fair compensation.
Why Insurance Companies Minimize Payouts
Insurance companies are for-profit businesses. Every dollar they save on a claim contributes to their profits. This financial incentive motivates them to:
- Deny claims outright.
- Delay the claims process.
- Push for quick, low settlements.
These tactics can have devastating consequences for accident victims already burdened by medical bills, lost wages, and other hardships.
Common Tricks Used by Insurance Adjusters
Rushing Conversations
After an accident, an insurance adjuster may contact you within hours or days, hoping to catch you off-guard. They’ll often use friendly, casual questions to gather statements they can later twist against you.
Example:
If asked, “How are you feeling?” and you reply, “I’m fine,” they may use this to argue that your injuries aren’t severe.
How to Counter:
- Avoid discussing your condition with the adjuster.
- Consult an attorney before providing any statements.
Offering Low, Quick Settlements
Insurance adjusters may pressure you to accept a quick settlement before the full extent of your injuries is clear. Once you take, you lose the right to pursue additional compensation, even if your medical expenses increase later.
How to Counter:
- Only sign or accept offers after consulting a lawyer.
- Allow your attorney to calculate the actual value of your claim, including future medical costs and lost income.
Requesting Broad Medical Authorization
Insurance companies need some medical records to verify your claim. However, adjusters often request full access to your medical history, hoping to find unrelated conditions to discredit your injuries.
How to Counter:
- Only provide medical records relevant to your claim.
- Let your attorney handle the release of medical information.
Using Surveillance
Insurance adjusters may monitor your social media or hire private investigators to surveil your activities. If they catch you performing activities, your doctor advises against it, and they may argue that your injuries are exaggerated.
How to Counter:
- Avoid posting about your accident or injuries online.
- Follow your doctor’s recommendations carefully.
Common Strategies Insurance Companies Use to Reduce Liability
Denying Claims Outright
Insurers may argue that your injuries aren’t covered under the policy or claim that you failed to meet procedural requirements. These denials can frustrate victims into abandoning their claims.
How to Counter:
- An attorney can review the denial and file an appeal if necessary.
Delaying the Claims Process
Insurers hope to wear you down by delaying responses or requesting excessive documentation. This tactic can force victims to accept lower settlements to avoid financial strain.
How to Counter:
- Attorneys can push insurers to meet deadlines and prevent unnecessary delays.
Shifting Blame
In states with comparative fault systems, insurers may argue that you were partially at fault for the accident to reduce your payout. For instance, they might claim you were distracted or violated traffic laws.
How to Counter:
- An attorney can gather evidence to challenge these accusations and minimize your share of the fault.
Disputing or Downplaying Injuries
Insurers may argue that your injuries are minor or stem from pre-existing conditions. This tactic is commonly used to reduce medical expense payouts.
How to Counter:
- Attorneys work with medical experts to document your injuries and establish their connection to the accident.
The Role of a Personal Injury Attorney
Navigating insurance claims alone can feel overwhelming, especially when facing these tactics. A personal injury attorney can:
- Protect your rights: They handle all communication with the insurance company, ensuring you don’t unintentionally harm your claim.
- Maximize your compensation: Attorneys know how to calculate the total value of your claim, including pain and suffering, lost wages, and future expenses.
- Challenge unfair practices: From appeals to court representation, they fight tirelessly to secure the compensation you deserve.
Research Supports Hiring an Attorney
Studies show that claim payouts are 40% higher for individuals who hire an attorney than those who handle claims alone. Insurance adjusters are well aware of this fact, so they often discourage victims from seeking legal help.
How to Protect Yourself?
- Take your time with conversations with adjusters. Consult an attorney first.
- Avoid signing documents or accepting settlements prematurely.
- Be cautious about sharing personal information or medical records.
- Document everything related to your accident and injuries.
Final Thoughts
Insurance companies and adjusters prioritize their profits over your well-being, using manipulative tactics to devalue or deny your claim. Understanding their strategies and partnering with a skilled personal injury attorney can level the playing field and secure the compensation you deserve.
Need Help With Your Claim?
At AKD Alvendia, Kelly & Demarest Accident Law Firm, we have years of experience combating insurance companies. We fight tirelessly to protect our clients and hold insurers accountable.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
