After a car accident, dealing with insurance companies can stress you out as much as the incident itself, if not more. Insurance companies have a lot of tactics that they will employ to try and deny your claim or pressure you to accept less money than you deserve.
But, if you understand this going into the situation, you'll be better equipped to deal with them. Ultimately, they want to catch you off guard. In other words, their tactics only work if you don't understand what they're trying to do.
As personal injury lawyers, we have seen lots of people fall prey to insurance company strategies, and we want to help you avoid getting taken advantage of. This article will arm you with the knowledge you need to protect yourself from insurance company tactics. That way, you can be ready to deal with them when the time comes.
Understanding Common Tactics Insurers Use
Insurance companies and their adjusters have a common set of tactics and strategies they use to deny or minimize claims. Here are some common tactics you need to watch out for when you bring a personal injury claim:
They Will Watch You
Insurance companies will hire a private investigator to watch you and monitor your activities. They're looking for evidence to contradict your injury claims. For example, one of their favorite surveillance techniques is to catch people going in and out of the grocery store carrying bags. Then, they can point to that video and claim you're not hurt as badly as you say you are.
They Will Monitor Your Social Media
The insurance company and it's team of attorneys will watch your social media. So, you need to be cautious about what you post on social media sites, like Facebook, Instagram, X, and any other place where you might post publicly. Insurance companies often scour these platforms for information they can use against you, and they have no problem taking a statement or image out of context if it means they can pay you less money.
They Will Try to Exploit Your Pre-Existing Conditions
Adjusters may try to attribute your injuries to pre-existing conditions rather than the accident. Ultimately, there's a concept in the law called the "Eggshell Plaintiff Rule," which essentially means that a negligent or reckless person "takes the plaintiff as they find him (or her)." In other words, if a person negligently injures someone, they're responsible for the damage they caused, even if the damages are more severe than if the same thing happened to another person.
They Will Delay the Process to Wear You Down
Insurance companies will often drag out the process, hoping you'll become desperate and settle for less. Insurance companies have billions and billions of dollars, and they can wait as long as they need to. They know that injured people are often facing financial ruin, and they know that if they can delay the process, they may be able to get people to become desperate and accept less money than what they're entitled to.
How to Protect Yourself from Their Tactics
The insurance companies all pretty much play the same games when someone brings an injury claim. They're trying to say (1) it's not their fault and (2) you're not hurt that bad. And they have a long list of tricks they use to try and get evidence to back up their two main arguments.
However, by being prepared, you can take steps to protect yourself. Here are some things you can do:
- Don't Talk to Them: Be wary of "friendly" insurance adjusters. Their job is to protect the company's interests, not yours. They'll often call within a few days of an accident and try to get you to give a recorded statement before you have had the chance to talk with a lawyer. Be careful, they're probably going to try and get you to say something they can use against you later on.
- Stay OFF Social Media: Don't post about your incident on social media. Also, avoid accepting friend requests from unknown individuals. This could be the defense trying to gather evidence to use against you.
- Don't Talk About the Incident: Don't discuss the details of your case with anyone other than your lawyer. Your conversation with your lawyer is protected by the attorney-client privilege. However, if you talk to family or friends, the defense may depose them and take their testimony under oath. So be careful.
- Document Everything: Keep detailed records of your injuries, medical treatments, and how the accident has affected your daily life. Don't throw anything away until after your case is closed out.
- Consult with a Personal Injury Attorney: Get a lawyer by your side at the earliest opportunity. Your lawyer knows the pitfalls and issues that people face when bringing a claim against an insurance company. Their job is to guide you through the process and protect your interests.
Why You Need Professional Help
Insurance companies have teams of lawyers and professionals that are working to minimize or deny your claim from the moment you get injured. You can level the playing field by getting a lawyer of your own. Here's how we can help:
- We can help you counter the tactics insurance companies use. We know their tricks.
- We can handle all communications with the insurance companies. That way, you don't have to worry about saying the wrong thing.
- We'll make sure that you're getting proper value for your case.
- We can gather evidence and, if necessary, hire experts to strengthen your case.
