After an accident, you might expect the insurance company to handle your claim fairly and efficiently. Unfortunately, insurance companies are businesses focused on minimizing payouts to protect their bottom line. Understanding their tactics can help you avoid common pitfalls and protect the value of your claim.
Tactic 1: The Quick Settlement Offer
One of the most common tactics is offering a quick settlement before you fully understand the extent of your injuries. Insurance adjusters may contact you within days of the accident with what seems like a generous offer. However, these early offers rarely account for future medical treatment, long-term pain and suffering, or the full impact of your injuries on your earning capacity. Once you accept a settlement, you cannot go back and ask for more money.
Tactic 2: Requesting a Recorded Statement
Insurance adjusters will often ask you to provide a recorded statement about the accident. While this may seem routine, anything you say can be used against you. Adjusters are trained to ask leading questions designed to elicit responses that minimize your claim or suggest you were partially at fault. You are not legally required to give a recorded statement to the other driver's insurance company.
Tactic 3: Surveillance and Social Media Monitoring
Insurance companies routinely monitor claimants' social media accounts and may even hire private investigators to conduct surveillance. A photo of you at a family gathering or a post about a weekend activity can be taken out of context and used to argue that your injuries are not as severe as claimed. Be extremely cautious about what you post online during an active claim.
Tactic 4: Disputing Medical Treatment
Insurers may argue that your medical treatment is excessive, unnecessary, or unrelated to the accident. They may request an Independent Medical Examination (IME) with a doctor of their choosing, who may downplay your injuries. They may also claim that your injuries are pre-existing conditions rather than accident-related.
Tactic 5: Delay, Delay, Delay
Insurance companies know that injured people often face financial pressure from medical bills and lost wages. By deliberately delaying the claims process, they hope you will become desperate enough to accept a lower settlement. Common delay tactics include requesting unnecessary documentation, failing to return phone calls, and repeatedly transferring your claim to different adjusters.
Tactic 6: Denying Liability
Even when fault seems clear, insurance companies may deny liability or argue that you were partially responsible for the accident. In comparative negligence states, any fault attributed to you reduces your compensation. Adjusters may twist the facts or rely on incomplete evidence to shift blame.
Tactic 7: Using Your Own Words Against You
Anything you say to an insurance adjuster can be used to undermine your claim. Casual statements like 'I'm feeling better' or 'It wasn't that bad' can be interpreted as admissions that your injuries are minor. Even apologizing at the accident scene can be construed as an admission of fault.
How to Protect Yourself
The best way to protect yourself from insurance company tactics is to hire an experienced personal injury attorney before engaging with the insurance company. An attorney will handle all communications, ensure your rights are protected, and fight for the full value of your claim. SettleWell connects accident victims with attorneys who specialize in dealing with insurance companies. Contact us for a free case review.