Insurance companies are not your friend. Not your own insurance company, and certainly not the insurance company of any party you are filing a personal injury claim against.
The primary mission of any insurance adjuster is to limit the payout their company must make as much as possible – or deny a claim completely. An adjuster will often use tactics to try and get you to settle for a lowball offer or make a decision that hurts your case.
At Crosley Law, we are no strangers to the ways insurance adjusters try to turn every interaction toward their favor. Here is how to avoid common insurance company tricks adjusters might try to use on you.
Insurance company trick #1: They offer you a non-apology
You are recovering in the hospital after a car crash. An adjuster from the negligent driver’s insurance company calls you. They sound helpful and kind. They tell you they are sorry you got hurt and to let them know if they can help in any way.
It’s a nice sentiment, and the human being on the other end might legitimately feel bad that you’re hurt. But they didn’t give you a real apology and you shouldn’t treat it as such.
The adjuster never claimed their client was at fault, nor did they say they were going to provide you with the compensation you deserve.
On the contrary, the empathetic feel of a non-apology could lower your guard if you’re not careful. Research suggests that people who hear “I’m sorry,” even with no offer of real restitution behind it, are more willing to settle for lower compensation – or not even file a lawsuit at all. It might also help coax you to say things you may later regret, as we will discuss next.
You don’t have to turn down kind words from an insurance adjuster. Accept them with grace, but remember that those words don’t carry any real weight.
Insurance company trick #2: They ask you for a recorded statement
A common insurance company tactic is to pressure accident victims into making written or recorded statements as soon as possible. However, doing so without first consulting an attorney can be highly damaging to your case.
It might seem like simple fact-finding from the adjuster, but the more they ask you to speculate on the causes of the accident and your involvement, the more likely they may be able to record something they could use against you. If you provide an answer that you aren’t certain about and they find evidence you are wrong, that could be used as evidence against your case.
Even saying that you’re sorry during an interaction with an adjuster could potentially be twisted into an admittance of liability. When they tell you they’re sorry that things happened, don’t instinctively say that you’re sorry back.
You are not required to provide a recorded statement to an insurance adjuster – especially not before consulting with an attorney. You can always ask to have your attorney present for any conversation that must take place.
RELATED: How to Deal with an Insurance Adjuster After a Car Accident
Insurance company trick #3: They request full access to your medical records
While it is true that certain medical records will need to be seen by insurance companies as part of a claim, that does not always mean they should have the right to see your full medical history.
Ultimately, never sign a statement from an insurance company providing them with access to your full medical history until you speak with a Texas personal injury attorney. They can help determine what medical records are truly relevant.
RELATED: Winning fair compensation after a complicated medical recovery
Insurance company trick #4: They try to blame your injuries on pre-existing conditions
One of the reasons insurance companies may want full access to your medical history is to dig for any past injuries or pre-existing conditions. They can then try to use these facts to try and deny that some or all your current symptoms are tied to your claim.
For example, let’s say you fell off a ladder and injured your back 5 years ago. You are now filing an insurance claim that includes back pain suffered in a car crash. The insurance company might claim your past injury as the actual cause of your current back pain, even if the car crash caused a new injury or worsened your condition.
But if you do have a pre-existing injury, do not try and deny it. A pre-existing injury does not automatically mean your claim can be denied (but lying about it could certainly cause problems).
Texas law applies the “eggshell skull” rule to injury claims. Under this rule, an insurance company must take you as you are, including pre-existing conditions. If the accident made your pre-existing condition worse, a skilled personal injury attorney can use medical evidence and experts to show how your worsened condition is tied to the accident and to what degree.
RELATED: How do pre-existing injuries affect car accident settlements in Texas?
Insurance company trick #5: They delay, delay, delay
Believe it not, one of the ways some insurance companies try to avoid having to pay out more is by doing next to nothing at all.
Insurance companies know how stressful it can be to deal with a claim, especially when medical bills and other costs start to mount up. Some adjusters might choose to drag out the process as long as possible, not returning calls or answering questions. The hope is that you will get so frustrated or desperate you will give up and accept whatever low offer is currently on the table.
This is an unscrupulous tactic, and we do not let insurance companies get away with it. If they refuse to meet us at the negotiating table, we will meet them somewhere they can’t avoid us: the courtroom.
RELATED: $328,300 jury verdict won after insurance company’s delay tactics backfire
Insurance company trick #6: They tell you hiring an attorney isn’t worth it
Insurance adjusters know you will gain more advantage if you have an experienced personal injury lawyer on your side. “Why pay an attorney fee?” they may ask, suggesting that you can negotiate a settlement entirely on your own.
And while an adjuster might negotiate with you in good faith and without violating Texas law, their mission is still to pay out as little as possible to you. They will depend on you not knowing the full extent of your rights or the leverage you have to fight for the compensation you deserve.
Unlike an insurance company, a personal injury lawyer is on your side and will use their full knowledge and leverage to increase your personal injury claim. At Crosley Law, our clients never pay an attorney fee unless they receive a settlement or jury award – and that amount after the attorney fee will still likely be much higher than any lower offer an insurance company first tried to give you.
RELATED: Crosley Law turns $900 settlement offer into $115,000 verdict
Avoid common insurance company tricks with Crosley Law on your side
If you or a loved one has been injured, you don’t have to deal with insurance companies alone or solely on their terms. Our team of personal injury lawyers work tirelessly on behalf of our clients to demand fair and proper compensation.
Contact us for a free consultation and see what Crosley Law can do for you. Complete our online form or call us at (210) 529-3000.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
