When you are injured in an accident that is not your fault, it is likely that you will be contacted by an adjuster from the at-fault party’s insurance company. Based on the way they talk, you might even believe they are looking out for your best interests. Do not make that mistake.
The adjusters work for the insurance company, not for you. While you seek fair compensation for your injuries – something you are rightfully entitled to – the adjuster’s role is quite the opposite. They are trained to line the insurer’s pockets by minimizing what they pay on claims. They have one goal: pay out as little as possible, or better yet, nothing at all.
Common Tactics Insurance Companies Use Against Injured Victims
Here are some of the manipulative strategies insurance companies may use to deny or underpay injury claims:
They request you to provide a recorded statement
You can expect the insurance company to reach out as soon as you notify them about your accident. This timing is strategic: they contact you when you are still processing the accident, have not fully grasped the extent of your injuries, and most likely have not yet even consulted a lawyer.
When the insurance adjuster from the other party’s insurance company calls, they might sound caring and sympathetic, even going as far as acknowledging their client’s responsibility or agreeing with your version of events.
This lowers your defenses, so when they ask about your perspective on the accident or your injuries, you do not realize that they are actually requesting this information through a recorded statement. These statements are then used to reduce the value of your claim. Insurance companies’ adjusters might ask about your injuries even before you have a complete medical evaluation. They are aware that you might not have all the medical or legal information and can use your limited understanding against you.
For instance, casually saying you are “fine” in response to a question about your well-being can be taken out of context in the recorded statement to argue for a smaller payout. It is best to avoid giving out any statements and not engaging with the insurer for direct negotiations without having legal representation first.
They confuse you about your policy’s details
It might not be ethical but it is a common practice for insurance adjusters to not be completely honest about how much coverage your claim is eligible for. They could tell you that the insurance coverage is less than what you are actually entitled to. They might also try to convince you that you cannot claim compensation for things like pain and suffering or lost wages. Remember, they are counting on your lack of experience in these matters to reduce or dismiss your claims.
Do NOT take legal advice from an insurance company representing the party at fault. If you want to file an injury claim, consult with a skilled personal injury attorney. They can advise you about your rights, what you can claim under the law, and the real limits of the insurance policy.
They delay their response to your claim
After an injury, you might be facing multiple financial pressures like medical bills, lost income due to time off work, vehicle repair costs, and more. Insurance companies are well aware of this and might intentionally slow down the claims process, in order to push you to a point where you are more likely to accept a lower settlement out of desperation. In some cases, the prolonged and stressful process leads people to abandon their claims, resulting in no compensation at all.
They ask you for a blanket medical authorization
If you sustained serious injuries, the insurance provider might ask you to sign a permission slip so they can access your medical records. You might think that they will only be checking the records related to your accident injuries, but it is more likely that you just authorized them to obtain all your health records dating years or decades back.
What would happen is, they will look for any old injuries or health issues you may have suffered before the accident, and use it to prove that your current injuries or pains are not from the recent accident but from something in your past. It is a good way for them to shift the blame and reduce what they have to pay.
They downplay your injuries and pain and suffering
Insurance companies could try to minimize the amount they pay by suggesting that your injuries are not as serious as you claim. They might say that your injuries should have healed faster or that your medical treatment is taking longer than necessary. They may even use your medical history against you. The insurance representatives might try to persuade you to stop your treatment prematurely, claiming that future procedures and doctor visits would not be covered.
It should be noted that these “professionals” are not medically trained and are not in a position to make health-related recommendations. Moreover, you might actually have more available insurance coverage than the insurer indicates.
They deny or dispute liability
Insurance companies sometimes refuse to accept responsibility for a claim, even when their client caused the accident. For instance, if someone hits your car from behind, and the damage to your car is minor, the company might argue that you were not hurt at all because of the accident.
Another strategy they use to deny claims for fair settlement is to shift a part of the blame to you for the accident, regardless of the truth or even if there is substantial evidence to support your side. They hope that the evidence might fade or the witnesses might not stick around to help you if you need to fight your case. If the insurance can make a case that you were partly at fault, they will. They might do this to reduce the fair market value amount they have to pay.
Sometimes, they do it to avoid paying anything at all to the accident victim. They will likely aim to use Indiana’s modified comparative negligence rule against you, which states that if you are found to be 50% or more at fault in a car accident, you cannot get any compensation for your injuries.
They assure you of a better settlement “without a lawyer”
If the claims adjuster tries to discourage you from consulting with an attorney, by saying things like it is not necessary or that legal services are very expensive – do not listen to them. First of all, the majority of personal injury lawyers not only offer free initial consultations, but also work strictly on a contingency basis. This means they only get paid if you win your case.
Secondly, multiple studies have confirmed that plaintiffs with legal representation tend to receive higher settlements; the Insurance Research Council (IRC) actually published data to reveal that, on average, accident victims represented by lawyers received settlements more than 3.5 times larger than those who settled on their own without legal help.
Experienced car accident lawyers know how to present your personal injury claim in a way that maximizes its value, enough to outweigh their costs in many cases. Dissuading you from lawyering up is simply another tactic to keep you unaware of all your options.
Get an Experienced Car Accident Attorney to Counter the Tactics Insurance Companies Use
After your personal injury, if the insurance company of the at fault party has asked you to sign any document or engage in direct negotiations, it is time to consult with a seasoned personal injury lawyer as soon as possible.
At RileyCate, LLC, our attorneys have over 100 years of combined experience in providing powerful legal representation against the common tactic insurance companies may use to reduce or deny your injury claim. We will build compelling evidence to prove liability of the defendants, negotiate strongly for the maximum settlement, and remain prepared to go to trial if it becomes necessary.
Give us a call at (317) 588-2866 or write to us online to schedule a free consultation with our legal team today.