Personal injury (PI) cases aim to compensate individuals who have been injured due to the negligence of others.
However, getting fair compensation can be very difficult. Insurance firms employ claims adjusters to minimize claims, and they frequently employ a variety of strategies to do so.
It is advisable that victims hire attorneys for personal injury cases to represent them. By doing so, they can safeguard their rights and make sure they get fair compensation for their injuries by being aware of these strategies.
The following are some of the most typical tactics employed by insurance adjusters.
Misleading or Manipulative Statements
Making misleading or manipulative claims is one of the first strategies an insurance adjuster may employ. An adjuster may get in touch with the claimant following an accident and suggest that it would be preferable for them to accept a low settlement offer. They might attempt to create a false sense of urgency by giving the claimant the impression that this is the only offer being considered or that it is only available for a short period.
Adjusters may downplay the extent of injuries or medical costs by claiming that the claimant’s injuries are not as severe as they appear or that they don’t need ongoing care. For example, they can say that the injuries are “minor” and would go away fast, which could persuade a claimant to accept an insufficient offer in an effort to wrap up the case with minimal costs. These remarks are intended to weaken the claimant’s faith in their case and persuade them to settle for less money.
Delaying Tactics
Insurance adjusters are aware that claimants may choose a lower settlement due to financial strain. Delaying the claims procedure is a popular strategy to accomplish this. By demanding unnecessary examinations from several doctors, obtaining redundant medical records, or requesting excessive documents, adjusters may prolong negotiations.
Holding off on answering calls or emails can also result in delays, which makes it challenging for claimants to obtain the information they require to proceed with their case. The likelihood of the claimant experiencing financial difficulties and ultimately settling out of desperation increases with the length of time the process is prolonged. Unfortunately, claimants frequently accept lower offers merely to ease their anxiety and uncertainty.
Low Initial Offer
At the initial stage of the claims process, insurance adjusters make a low settlement offer. This strategy, referred to as “lowballing,” attempts to persuade the claimant to accept an offer that is significantly less than what they are entitled to for their injuries. The offer often represents merely a portion of the claim’s actual value, even though it could initially sound tempting, particularly if you’re eager to settle.
Insurance companies make a low offer early on because they know that many consumers don’t fully understand the extent of their injuries or the long-term costs of medical treatment. A claimant may accept the offer without learning they are entitled to significantly more money if they are not diligent. You can prevent being exploited in this manner by having a personal injury attorney on your side.
Disputing Liability
The insurance company can challenge the insured party’s liability in a number of situations. Adjusters attempt to argue that the claimant was partially or completely at fault, even when it is evident that their client is to blame for the accident. Adjusters try to reduce the compensation they must pay by decreasing the insured party’s perceived liability.
An adjuster could argue, for instance, that the claimant contributed to the injury by failing to follow appropriate safety protocols or that they were speeding at the time of the collision. In addition to reducing the insurance company’s responsibility, this strategy may encourage the claimant to accept a smaller payout by giving them the impression that they bear some of the guilt.
Questioning the Seriousness of Injuries
In order to reduce compensation, insurance adjusters may question the claimant’s statements of severe injuries. They may employ medical professionals who will challenge the injuries’ diagnosis, course of treatment, or long-term consequences. Some adjusters can even argue that the claimant’s injuries were preventable with appropriate care or that they were pre-existing.
Adjusters may take advantage of situations where medical reports appear contradictory or ambiguous by asserting that the injuries aren’t as serious as stated. To lower the medical bills cost, they might also contend that the claimant’s treatment plan is excessive or unnecessary. For instance, the adjuster can question whether physical therapy is actually necessary if the claimant is required to have it, resulting in a settlement that falls short of covering the full cost of long-term care.
Surveillance and Social Media Monitoring
Adjusters may employ private investigators to keep tabs on the claimant’s everyday actions after the claim has been submitted. They will argue that the claimant is exaggerating their injuries or recovery by using any surveillance footage or supporting documentation.
For example, it can be used to refute an injured person’s claims if they are observed walking or doing other activities that don’t seem to be related to their alleged injuries.
In order to find proof of actions that imply the claimant’s injuries are not as severe as claimed, adjusters may also keep an eye on their social media accounts. It may be argued that a claimant’s disabilities aren’t as incapacitating as they claim if social media posts reveal them engaging in activities that appear to be normal.
Pressuring Claimants to Provide Written Statements
Pressuring claimants to give written or recorded statements on the accident and their injuries is another typical strategy employed by insurance adjusters. Adjusters can exploit these seemingly harmless words to sway the story to their advantage. The adjuster can ask leading questions or foster an atmosphere in which the claimant feels pressured to give information that contradicts their position.
Once the comment is made, the adjuster can use it to manipulate the facts. The adjuster can dispute the validity of the claim if the claimant’s statement conflicts with their first description of the incident or their stated injuries. This may lead to a reduced reimbursement or, in certain situations, the claim being rejected altogether.
Discouraging Hiring a Lawyer
Insurance adjusters try to discourage claimants from hiring legal counsel by asserting that it is unnecessary or would cause delays in the process. They might imply that the claimant can manage the case on their own and retain a more significant portion of the settlement funds. Adjusters may encourage claimants to settle quickly by making the procedure seem easy, particularly if the initial offer is “generous.”
They fail to inform claimants that legal representation is essential for handling the intricacies of a PI case. A lawyer can shield the claimant from these deceptive practices, guarantee they are fairly compensated, and stop the insurance company from taking advantage of them. When a lawyer is involved, insurance companies are much more likely to make a better settlement offer.