Home Law Personal Injury Law Common Tactics Used By Insurers in Personal Injury Claims

Common Tactics Used By Insurers in Personal Injury Claims

In the aftermath of an accident, individuals often find themselves having to navigate the complex world of insurance claims. While they may have a genuine claim to compensation for their injuries and losses, arriving at the point of payout often comes with substantial delays or in some cases, not at all.

Insurance companies will often employ various tactics to limit their liability and protect their interests in personal injury claims.  In this article, we will uncover some of the tactics insurance companies use to undermine the value of a personal injury claim and avoid paying out more than necessary. 

Delay Tactics

Insurance companies often prolong the claims process by delaying their responses and correspondence with claimants or by requesting unnecessary information. This is a common tactic that is used to frustrate claimants, who are often in challenging financial situations due to their inability to work as a result of their injuries or because of mounting medical bills. By using these delay tactics, insurance companies can pressure claimants into accepting low-payment offers or even giving up on their claims altogether. 

Disputing Injuries

In an attempt to minimize or avoid a payout, insurance companies may dispute the nature or extent of the claimant’s injuries. They may argue that they existed before the accident occurred, so liability for them does not lie with the defendant or their insurer. They may also assert that the claimant’s injuries were made worse due to their failure to seek timely medical attention or because they failed to follow their doctor’s guidance. 

In some cases, insurance companies may dispute the need for certain medical treatment or equipment, on grounds that it was unnecessary or excessive and, therefore, they should not be compensated for it.

Low Settlement Offers

Insurance companies will often begin negotiations with a low offer that falls below the actual value of a claim in an attempt to settle it quickly while only paying out a fraction of what it is worth. This tactic relies on the hope that claimants will accept the low offer due to their pressing financial needs or simply because they do not realize the true worth of their claim. 

To avoid such a scenario, claimants can benefit from consulting with an experienced personal injury attorney such as those at Burnett Law who will accurately assess their damages and negotiate a fair settlement that reflects the true value of their personal injury claim.

Deny Liability

By denying liability for the claimant’s accident or injuries, insurance companies can escape the need to make any payment. They may argue that the claimant’s negligence contributed to or caused the accident,  dispute their version of events or assert that the claimant assumed responsibility for their accident by engaging in a high-risk activity. 

Another common tactic for denying liability is to argue that a policy exclusion in their insurance coverage applied to the facts, releasing the insurance company from any liability and obligation to payout.

An awareness of these tactics can prepare claimants who are seeking compensation for a personal injury to anticipate and respond to challenges confidently, ensuring they receive a fair settlement.


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