What Strategies Do Insurance Companies Use to Undervalue Your Personal Injury Case?
Insurance companies will often try to delay or deny your injury claim at all costs to hold onto their cash. Fortunately, their tactics are predictable, and an experienced attorney knows how to avoid or mitigate them. Here are some of the most common strategies insurance companies use:
1. Disputing Coverage
An insurance policy is a contract, and if the insurer claims the contract does not apply, they are not obligated to pay. This often arises in uninsured/underinsured motorist injury claims with your own insurance policy, where the carrier may argue that you or the at-fault driver does not meet the policy’s definition. Coverage disputes can also occur if the at-fault driver is uncooperative, leaving the at-fault driver’s insurance company not obligated to pay, or if the policy was not in effect at the time of the loss. Sometimes the at-fault insurer may simply deny the injury claim without explanation.
Because insurance policies are complex contracts, it is crucial to have an attorney who understands their interpretation. At The Kaufman Law Firm, our attorneys ensure you understand your full rights under your policy and fight to secure the compensation you deserve for your injury claim.
2. Wrongfully Assigning Fault
Insurance companies may attempt to deny your injury claim outright by claiming you are at fault. In Texas, if you are more than 50% at fault, you may not be entitled to compensation for your injuries. However, insurers sometimes wrongfully claim fault in situations such as rear-end collisions, lane changes, turns, or red light/green light accidents.
A skilled attorney can investigate, gather evidence, and prove that you were not at fault. At The Kaufman Law Firm, we will not allow an insurer to wrongfully place blame on our clients. We will file a lawsuit if necessary and ensure your rights are fully protected for your injury claim.
3. Downplaying the Severity of Your Injuries
Even minor accidents can result in serious injuries. Adjusters may claim that because the property damage to your vehicle is small, your injuries must also be minor. They may also try to argue that delays in seeking medical attention (“the gap”) mean your injuries aren’t real.
In reality, symptoms of injury—such as concussion, neck pain, or back pain—often take time to appear. A skilled attorney knows how to present these situations clearly, provide expert evidence, and show that your injuries are directly caused by the accident, protecting your injury claim.
4. Minimizing Your Injuries
Insurance adjusters sometimes attempt to classify all your injuries as pre-existing. While they are not doctors, they may still use this argument to reduce your payout. Experienced attorneys know how to counter these claims, document aggravations of pre-existing conditions, and provide expert testimony to prove your injuries resulted from the crash.
Conclusion
These are just a few of the predictable tactics insurance companies use to avoid paying your injury claim. The attorneys at The Kaufman Law Firm understand these strategies inside and out and can fight to get you the full compensation you deserve. From coverage disputes to fault disputes and downplaying injuries, we are here to protect your rights and hold insurance companies accountable for your injury claim.
