9 Tactics Insurance Companies Use to Minimize Injury Claims

1. Confusion & Coercion
2. Nullifying the Injury Claim
3. Placing Blame on You
4. Downplaying the Severity of Your Injuries
5. Delaying Claims As Long As Possible
6. Disputing Whether Your Injuries Are Related to the Accident
7. Making Lowball Settlement Offers
8. Telling Victims They Don’t Need a Lawyer
9. Misrepresenting Insurance Benefits

Tactic 1: Confusion & Coercion

Insurance policies and claims processes are often laden with complex jargon and intricate procedures that the average person may find difficult to understand. Capitalizing on this complexity, insurance companies purposefully try to create confusion, making it more difficult for claimants to fully grasp their rights or the true value of their claims. To add to this, insurers might overwhelm claimants with paperwork, requests for detailed personal information, and legal documents. 

This confusion can make claimants easy targets to be coerced into accepting lower settlement offers because they’re unsure of what they’re truly entitled to, exhausted by the process and insurance company’s requests, and uncertain of how to navigate the legal process. 

Tactic 2: Nullifying the Injury Claim

If possible, insurance companies will first try to argue that there is no injury claim to pay out. Though this may sound ridiculous when you know you’ve been injured, they will try to prove that you’re not injured or that you don’t have a valid claim to support. 

For example, they may state that if there is no police report, there is no evidence of an accident taking place. Similarly, they might say that without proper medical records, you have no proof that you were injured. Without proof, they don’t have to pay.

Tactic 3: Placing Blame on You

One particularly insidious tactic that insurance companies often use is to shift the blame onto you, the victim. The goal of this tactic is to create doubt about your claims and to shift the burden of responsibility away from their client.

For example, let’s say you were involved in a car accident in which you suffered serious injuries. The other driver’s insurance company might try to claim that you were at fault for the accident, despite evidence to the contrary. They might argue that you were speeding, that you failed to signal your intent to turn, or that you were distracted by your phone or other device at the time of the accident.

This tactic is particularly effective when you do not have strong legal representation. Insurance adjusters are skilled at using legal language and presenting evidence in a way that supports their argument (they have a full team of lawyers on their side!), but fault is not always clear-cut in personal injury cases. Even if you were partially at fault for the accident, you may still be entitled to compensation for your injuries.

If you are faced with this tactic, stay calm and avoid admitting fault or making statements that could be used against you later on. You should also consult with an experienced Chattanooga personal injury attorney as soon as possible to protect your legal rights and increase your chances of receiving fair compensation for your injuries.

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Tactic 4: Downplaying the Severity of Your Injuries

If you’ve already proven that you’ve been injured and the accident was their client’s fault, the insurer may then claim that you’re not as badly hurt as you say. This can be done by bringing in a supposedly “unbiased” third-party medical expert to offer testimony contradicting your medical records.

Tactic 5: Delaying Claims As Long As Possible

Insurance companies will often deliberately delay personal injury claims for a handful of reasons. Delays can put financial pressure on the claimant, test the claimant’s persistence, deter litigation, and even make the insurance company more money through investment income. 

To delay personal injury claims, the insurance company may request unnecessary information, engage in an intentionally complex bureaucratic process, change claims adjusters, or simply take long periods of time to communicate with you.  

Tactic 6: Disputing Whether Your Injuries are Related to the Accident

Insurance companies will often dispute the relationship between your injuries and the accident in question. There are a few ways they might try to do this:

• Question the timing of medical treatment
• Claim pre-existing conditions are the true cause of your injuries
• Take advantage of any inconsistencies or ambiguity in your description of the injuries
• Require you to be examined by an independent medical examiner (these IMEs are often biased)

If the insurance company can establish that your injuries are not related to the accident, they have grounds to deny the claim or drastically reduce the compensation they have to pay out. 

Tactic 7: Making Lowball Settlement Offers

One of the most straightforward tactics insurance companies will use to undermine your personal injury claim is to make a lowball initial settlement offer. The insurance company will often make this offer soon after the accident, they’re looking to get you to agree to a seemingly more convenient settlement, where the claim can be resolved quickly. 

This can be a very effective tactic for insurance companies, as most claimants without legal support do not have an accurate measure of how much money they are entitled to, making them easily susceptible to taking the offer for convenience’s sake. 

Tactic 8: Telling Victims They Don’t Need a Lawyer

Insurance companies may advise claimants against hiring a personal injury lawyer in order to improve their chances of minimizing the payout. They will often promote the simplicity of the claims process, highlight lawyer fees in order to frame the decision as a cost-saving measure, downplay the severity of injuries, and offer quick settlements to resolve the claim before a personal injury attorney gets involved. 

In reality, a claimant choosing not to hire a personal injury attorney allows the insurance company to avoid legal scrutiny and control the negotiation process.

Tactic 9: Misrepresenting Insurance Benefits

Insurance companies will often misrepresent the benefits and coverage of a policy in order to achieve a more desirable outcome for themselves. There are a few ways they may do this:

• Undervaluing Claims: Insurance adjusters may present a lowball offer while suggesting it’s the maximum compensation possible under the policy. 
• Emphasizing Exclusions & Limitations: Insurers may overemphasize the policy exclusions and limitations in order to shift focus to what the policy does NOT cover. This can often discourage claimants from pursuing certain types of compensation.
• Complex Policy Language: Insurance policies are often written in highly technical language, which can be exploited by the insurers in order to misinterpret or oversimplify the coverage when speaking to claimants about compensation. 
• Delaying or Withholding Information: By delaying the provisions of policy information or withholding details about the full extent of available benefits, insurers can create a situation where claimants feel the need to make a decision without complete understanding of their benefits.

Jay and Brent Have Your Back

Jay and Brent, our experienced attorneys at The McMahan Law Firm, have the knowledge and skills to respond to each of the tactics that insurance companies use to undermine your personal injury claim.

They are all too familiar with the confusion and coercion tactics used by insurance adjusters and will help you avoid falling for them. Jay and Brent can also refute claims that there is no injury to pay out or that you are at fault for the accident. They will use their extensive resources and legal expertise to prove the severity of your injuries and fight to get you the compensation you deserve.

When facing pushback from insurance providers, you need expert representation. Jay and Brent are dedicated to standing up against the bullying, double-talk, and non-payment tactics employed by insurance companies. They will work tirelessly to secure a settlement that fully accounts for your emotional, physical, and social losses.

If you have been injured and are struggling to get the compensation you deserve, you’re not alone. Call The McMahan Law Firm today for a free case evaluation and more information on how Jay and Brent can help you.