Common Defenses Used by Insurance Companies in Injury Claims

When seeking compensation for an injury caused by someone’s negligence, the party’s insurance company is one of the most significant stumbling blocks to receiving a fair settlement. Although insurance companies try to appear friendly, to get you to let your guard down, they are always most concerned about their bottom line.

As a result, even when they appear to understand what you’re going through, they employ different tactics to reduce the amount they have to pay or to avoid paying anything at all. This blog delves into common insurance company defense tactics and how to counter them. Your best bet against insurance company defenses is having an experienced legal team.

At Terry Bryant Accident & Injury Law, we have protected the rights of many personal injury victims and helped them secure fair compensation from insurance companies. We will assess your claim and help you develop a strong strategy. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential case evaluation.

Why Choose Our Personal Injury Lawyers to Represent You With Insurance Companies?

Our personal injury attorneys have fought back against insurance companies since 1985. We know the strategies insurance companies use to delay claims, minimize payouts, or avoid payment, and we can effectively counter them to ensure you receive fair compensation. Our track record of successful outcomes shows our ability to deliver results.

Insurance adjusters are experienced negotiators, but so are we. We will handle all negotiations on your behalf, leveraging evidence to get you the best possible outcome. We work with accident reconstructionists, medical experts, and others to strengthen your case and ensure you get adequate compensation for your injuries and other financial losses. We will always put your needs first, so do not hesitate to call us.

We know no two cases or insurance companies are the same, so we will give your case personalized attention and ensure it has everything it needs to succeed. 

Insurance Companies’ Common Injury Claim Defenses

Thousands of personal injury claims are filed yearly in the United States with insurance companies. All claimants want financial compensation, but insurance companies are not keen to pay. As a result, they have developed different personal injury claim defenses over the years.

Below, we discuss some of the most common tactics and how to counter them.

Pre-Existing Conditions

The insurance company will try to attribute your injuries to a pre-existing medical condition. Some of them go as far as trying to obtain your medical records to prove this. This is why we advise victims not to engage with insurance adjusters without having a lawyer. Avoid discussing your injuries or health history with them.

Don’t talk to them even if they visit you in the hospital and appear compassionate. Tell them your attorney will contact them; if you don’t have a lawyer, get one. One way to counter the pre-existing condition defense is by providing detailed medical records showing your condition before and after the accident.

Injury Aggravation

When insurance companies do not link your injuries to a pre-existing condition, they may claim your injuries were not severe and that your activities aggravated them. The insurance company will have their medical expert examine you and are likely to surveil you to discover your activities since the accident.

They might pay an investigator to follow you around or look into you on social media. If they find you doing things that go against medical advice, they will use it in their defense. To counter it, you must avoid exaggerating your injuries or engaging in activities that contradict your claims.

Delay in Seeking Medical Care or Treatment Gaps

There’s a reason why seeking medical care is one of the steps to take after an accident. If you delay getting treatment, the insurance company can argue that your injuries were not severe or were unrelated to the accident. If this defense succeeds, you will either get a lowball settlement offer or none.

To counter this defense, explain any reason for the delay, like delayed symptoms. Also, show the connection between your injuries and the accident through medical expert opinions and medical records. Similarly, sometimes insurance companies look for gaps in treatment – arguing that the post-gap treatment must relate to another incident, or that the gaps themselves suggest your pain and suffering was less serious. We can help counter these arguments.

When dealing with insurance companies, be patient, and don’t be in a hurry to settle. Ask questions about anything unclear and follow your lawyer’s advice. 

No Causation

The insurer might argue that your injuries were not caused by the accident you were involved in but by other factors. If they can prove it, they will reject your claim. To counter this defense, you need evidence like accident reconstruction reports, surveillance footage, and eyewitness accounts to prove causation. You also need a lawyer to connect your injuries to the accident using the available evidence.

Lowball Settlement Offer

Offering a lowball settlement is a standard insurance company injury defense. Insurers often provide settlements far below the value of your claim, hoping you’ll agree to resolve the matter quickly. Don’t let the fear of mounting bills or not getting a better offer make you accept a settlement you’re unsure of.

Instead, get a detailed claim valuation that includes medical expenses, lost wages, pain and suffering, and future damages. Also, retain a personal injury attorney to handle negotiations and litigation if necessary.

Comparative Negligence

Under the comparative negligence rule, an injured person who contributed to the events that harmed them can recover compensation. However, under modified comparative negligence, which applies in Texas, the victim can receive compensation only if their fault percentage is less than that of the other party.

Insurance companies love this law and use it as a defense against claims. They will argue you were partially or entirely at fault for the accident, thereby reducing their liability. If your fault percentage is 51% or more, you cannot receive compensation under Texas law. To counter this defense, you need evidence showing the other party’s fault, like photographs, witness statements, and the accident report.

Social Media Posts

As mentioned, insurance companies may monitor your activities or review your social media accounts to find evidence contradicting your claims. To ensure this personal injury claim defense does not work, avoid posting about your accident or injuries on social media. Also, be mindful of your public activities, ensuring they align with your injury claims, and remind witnesses and loved ones to avoid discussing your case online.

Note that if you lie, exaggerate, or are inconsistent in your statements and actions, the insurance company will use it as a defense to your claim. So, always stick to the facts of the accident or event that harmed you, adding and subtracting nothing, and let your lawyer handle all the communication with the insurance company.

Are You Seeking Compensation for an Injury? Let Us Represent You!

It’s challenging to deal with insurance companies when recovering from your injury. Also, you might be unaware of their personal injury claim defense tactics and fall prey to them. Rather than go through all this, why not let us represent you?

Our team at Terry Bryant Accident & Injury Law will handle your case while you focus on your recovery. We will fight for your interests and ensure your rights are protected. We are unafraid to go up against at-fault parties and their insurers, and we will always give 110% to get the best possible outcome. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential case evaluation.