Tactics of the Insurance Company in Personal Injury Cases

In the field of personal injury law, dealing with insurance companies is one of those tricky areas that play a massive role in what will ultimately happen to your case. Profit-driven insurance companies often use a variety of approaches to reduce payout.

For you, the personal injury attorney, and his client, it is critical that both know how these tactics work in practice to ensure a successful claim (or settlement) for fair compensation. You can read our other blog on the Latest Trends in Personal Injury Law to get more detailed information about the latest picture of personal injury law.

Low Settlement Offers Out of the Gate

• Tactic: A low initial settlement offer is usually far from what the claimant rightly deserves.
• Rationale: Insurance companies hope claimants accept these low offers to settle the case, as they understand that most people need money quickly.
• Response: It is essential to seek the help of an attorney with extensive personal injury experience before accepting any offer from a responsible party. Lawyers can assess the total value of a claim and negotiate for an equitable settlement.

Delaying the Claims Process

• Tactic: Delaying the time needed to pay out claims to frustrate claimants and force them into an early settlement for less money.
• Strategies: Delays in processing, slow responses to communication, and repeated requests for additional documentation.
• Impact: Delays can be extremely difficult for claimants who need their benefits to cover growing medical bills and lost wages.
• Response: Legal assistance can speed things up. Attorneys know how to counteract these delay tactics and keep the pressure on the insurance company.

Disputing Liability

• Tactic: Contesting liability by trying to place fault on the claimant or other parties.
• Strategies: Arguing that the claimant was partially or wholly responsible for the accident or attacking the severity and cause of injuries.
• Response: Strong clinical evidence, including police reports, witness statements, medical records, and expert opinions, is needed to establish liability. An attorney can help develop a compelling case.

Social Media Monitoring vs. Surveillance

• Tactic: Spying on the injured person or monitoring social media for evidence to dispute claims.
• Surveillance: Investigators might observe the claimants to see if their activity level matches their reported injuries.
• Social Media: Adjusters may search social media profiles to find posts or pictures that could contradict the claim.
• Response: Claimants should limit their public activity and online presence during the claims process. Lawyers can advise on how to avoid compromising the case.

Misrepresentation of Policy Terms

• Tactic: Twisting the language of policy terms and coverage limits to pay out less.
• Strategies: Claiming that certain damages are not covered or that the policy limits are lower than they are.
• Response: A well-seasoned insurance lawyer can examine policy language and the whole context for misrepresentations in a given case and ensure their clients are fully served on all the benefits they paid so much to get.

Repealing the Individual Mandate and Pre-Existing Conditions

• Strategy: Use the common pre-existing condition defense to argue that the collision could not have caused the injuries.
• Tactics: Pull out the claimant's medical records to see what injuries/issues they have had that may explain why these symptoms are occurring now!
• Response: Detailed health records and expert testimony can prove that the victim already had a specific injury but re-injured it or created another one during the accident. A lawyer can effectively counter this defense and ensure fair compensation.

Recorded Statements

• Tactic: Requesting recorded statements shortly after the accident to obtain damaging sound bites.
• Strategies: Adjusters could manipulate statements and ask leading questions to induce contradictions or admissions of guilt.
• Response: It is generally recommended that claimants avoid giving recorded statements without legal representation. An attorney can prevent claimants from damaging their cases with admissions.

Independent Medical Examinations (IMEs)

• Tactic: Requiring claimants to undergo IMEs conducted by doctors hired by the insurance company.
• Strategies: These physicians may downplay accident-related injuries or attribute the severity of an injury to unrelated factors.
• Response: Claimants should know their rights and be prepared for the examination. A lawyer can guide them through the IME and ensure fair results.

Conclusion

You must know how insurance companies conspire against claimants in personal injury cases to get fair compensation. Low settlement offers, delaying tactics, disputing liability, surveillance, misrepresentation of policy terms, pre-existing condition defenses, requests for recorded statements, and Independent Medical Examinations are all used to minimize payouts. With knowledge of these techniques and help from an experienced personal injury attorney, claimants can better counteract them throughout the claims process and ensure they receive fair compensation.

For more insights into the evolving field of personal injury law, including the impact of technology, mental health recognition, and alternative dispute resolution methods, visit our previous blog on Latest Trends in Personal Injury Law. Staying informed about these trends and tactics is essential for successfully managing personal injury cases in today's legal landscape.