When you have suffered an Injury as a result of someone else’s negligence, or if a family member has been killed in a car accident or premises liability accident, you are bound to hear from an adjuster of the at-fault party’s Insurance company. According to the law, you deserve to be fairly compensated for your pain and suffering. The insurance company’s intentions are quite the opposite. They are not here to help you. They only exist to protect their own interest and their ultimate goal is to pay you nothing or as little as possible.
An insurance adjuster is trained to engage you in friendly conversation and catch you off guard. They will pretend to be interested in your well-being but on the contrary, they are not looking out for you. Dealing with an insurance company is like going down a one-way street because they want to keep as much of their money as possible. There are a number of tactics Insurance Companies use to limit or deny injury claims. So before you accept the insurance company’s final offer, here is a list of tactics employed by them that you need be aware of:
Denying or limiting liability
The main element for establishing liability for an injury claim, the plaintiff must prove that the defendant acted in a negligent manner and that this negligence was the cause of the injury. Proving negligence requires establishing that the defendant owed a “duty of care” to the plaintiff. So one of the most common tactics employed by insurance companies is to argue that the defendant owed no duty of care toward the plaintiff. The adjuster can argue that the plaintiff “assumed the risk” of any injury and knowingly engaged in risky behavior. If the accused is able to prove this assumption of risk, the plaintiff will be denied any coverage for the damages.
In some cases, the insurance company might try to argue that the plaintiff contributed to his or her injury – by either acting in a reckless manner or aggravating the injury by failing to obtain proper medical records. In certain states, if the defendant proves that the plaintiff was partly at fault, any compensation will be reduced by the percentage of fault associated with the plaintiff. In other states, if the plaintiff is proven to be even minimally at fault, they cannot recover any damages from the defendant.
Asking you to give a recorded statement
It might seem like a fairly reasonable request for an insurance adjuster to ask you to explain your side of the story about how the accident happened or about your injuries. The insurance adjuster will most often ask you to provide this information via a recorded statement. You might think that once you have told them about your injuries and how things happened, they will understand it is not your fault and they’ll help you secure the compensation you deserve. But it is important to realize that an insurance adjuster does not record statements as a tool to help you secure a fair settlement. They use recorded statements as a means to deny and devalue your claim by securing information they can use against you later. This applies to your account of how the accident happened and also the injuries you have sustained. Insurance adjusters are smart and will ask pointed questions in a recorded statement in a way that can be used against you later. If this means catching you off guard an hour after the collision and getting a recorded statement, they will do it. If you are ever asked for a written or recorded statement, you can politely decline. Unless instructed to do so by a personal injury attorney.
Asking you to sign a medical authorization
Another tactic employed by insurance companies it to get the injured victim to sign a blanket medical authorization, with unlimited time and scope. It is a powerful authorization that allows insurance companies to obtain a range of personal information about your medical records that you would never even suspect. There is a common misconception that insurance companies will assess the medical bills to pay you the damages for your claim. With the help of this authorization, the insurance company will secure medical records from any and all healthcare professionals you have ever seen in your life – before and after the collision. They do this to try and find any evidence of past injuries, past pain, or past anything and argue that your pain, injuries, and treatment post the accident were not related to the accident. The insurance company will try to argue that you had the injuries earlier that were reactivated or worsened because of the accident.
Offering a quick settlement in exchange for a signed or verbal release of your claim
When you are just recovering from the aftershock of an accident, it may be tempting to accept even a quick settlement for your claim. This is especially applicable soon after a major crash, before you know the complete extent of your injuries or before you have consulted with a doctor or received treatment. An insurance agent will take advantage of this vulnerability and want you to settle. They will offer you a small amount of money at that point in return for a full release of your claim. This sometimes takes place right at the sight of the collision, when adjusters are dispatched to the crash scene before it is even cleared away.
Many serious injuries may not be immediately apparent, such as a traumatic brain injury or a broken bone. Until a thorough medical examination is conducted, you cannot accurately calculate the value of your claim. By accepting a quick settlement, you risk losing your legal right to recover for all the damages caused.
Claiming a lack of evidence
Most insurance companies often seek to limit their liability by claiming that the injured party failed to support his or her claim with substantial evidence. The insurance adjuster can claim that they will not compensate you for certain injuries because you failed to furnish the diagnosis report from a physician who connects the injury to the accident. If you fail to file a police report after an accident, insurance companies can also raise the question of which driver was at fault, and the adjuster can deny coverage on that basis. It is essential to gather evidence and keep a record of all the medical bills, lost wages and photographs of injuries and damages. The more information you can provide to support your case, the better chance you will have to recover maximum damages.
Delaying the payment of your claim to get you to settle for a lesser amount or give up entirely
Insurance companies are well aware that you and your family will be facing financial problems after an accident. You are most likely to be dealing with expensive medical bills, loss of income and other damages, and also the emotional stress in your personal life. Insurance companies use this precarious period to their benefit. They will purposely delay the processing of your claim until you reach a point where you are frantic enough to settle for a lesser amount. Many victims eventually start viewing the entire process as stressful and exhausting. They often give up entirely and never recover any money. You need to take a stand and demand for what is rightfully yours under the law.
Misrepresenting the amount of insurance coverage available to pay your claim
The insurance adjuster may tell you that the defendant who caused your injuries is applicable only to a minimum amount available to be paid on a claim. Don’t ever take your adjuster’s word for it. In most cases, there is more coverage than the adjuster is willing to admit. A personal injury attorney will be required to evaluate the policy and identify accurately the coverage that is available. If the person at fault is uninsured or underinsured, you will have to look to your insurance policy.
Conducting surveillance
When you have filed a claim for a serious injury, the insurance company will sometimes hire investigators to follow you around and take pictures and videos of you doing some activity that would prove that your limitations are not as significant as you claimed. Being upfront about your injuries is the right thing to do, and you should not claim injuries that you haven’t sustained. This will only ruin your credibility. But it is advisable to be on guard because even a well-staged photograph could create a false impression.
Telling you that you don’t need a lawyer
If every insurance company played fair, were truly on your side, and really cared about giving you the compensation you deserve for your pain and suffering, then injured victims would not have the need to hire a personal injury attorney to fight for them. But this is definitely not the case. An insurance agent is fully aware that a competent lawyer will have the experience and knowledge to secure a fair settlement. They do not want you to hire an attorney who will protect your rights – someone who keeps your best interests in mind and will stand in their way of making money.
If you or someone you love has suffered an injury caused due to someone else’s negligence, you should connect with a lawyer today to know more about the legal options available to you.
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