5 Common Tactics Used by Insurance Companies to Minimize Settlements

Today's topic is five common tactics that we see insurance companies routinely use to minimize the value of your settlement.
It goes without saying insurance companies are motivated to pay as little as possible for your claim. They study and research and train their adjusters on how to pay as little as possible for cases. That's their job, pay as little as possible, make as much profit as possible. Our job as a personal injury lawyer is to try to overcome that and get you what's fair and reasonable for your case.
1. Downplaying Your Injuries
So number one, the injuries themselves. The insurance companies and their team, whether it's adjusters or lawyers, are going to be your biggest cheerleader. They're gonna say, we're sorry this happened to you, but fortunately it could have been worse. Your injuries aren't as bad as you're saying they are, and that's their job.
They're gonna look at them and downplay the severity of your injuries. They also look at preexisting health and your medical records and try to say a lot of these things that you're complaining about were there before. It really isn't from this car accident. It really isn't from this slip and fall because we know from your medical records that you were complaining of back pain and neck pain and anxiety in the three years before this crash.
So those are two ways that they'll try to minimize what they pay you, downplay the injuries from the accident and try to look for other reasons why you have current symptoms. 
So one of the ways to counter that position from the insurance company is to make sure you treat regularly for your injuries from the accident, report your symptoms, follow the advice of your treatment providers, and ultimately, those treatment providers can also serve as experts in your case. Their clinical notes and records, their consultation reports, and sometimes they'll even author reports specifically for you or your lawyer outlining how the accident has changed your life, how the accident has changed your health, and that can go a very long way to defeating the insurance company's position that your injuries aren't as bad as you say they are.
2. Blaming the Victim
Another common tactic insurance companies use to minimize the settlement of your claim is to blame you for the accident or the injury, and they can do that in a whole lot of ways. They'll look at the facts and circumstances and say that you are either completely at fault or more often, partly at fault, that you're partly to blame for the incident, whether that's a car accident, a trip and fall, a slip and fall.
They have a whole playbook of scenarios that they can push back at you. And try to blame you for the accident. In most jurisdictions, where the injured party also bears some of the responsibility, it reduces the amount of money that the insurance company has to pay for your claim. There's an incentive built in for the insurance company to try to find and make arguments that you are in some way responsible for your own injury, and that's a common tactic. 
Again, an experienced personal injury lawyer will be able to assess the evidence and make an argument that supports that the injury was caused by someone else where the accident was caused by somebody else, the at fault party. 
3. Delay and Deny Tactics
Another common tactic for insurance companies is delay and deny.
If they can stretch out the claim as long as possible, they think they'll wear you down and you'll ultimately take less for your case. That's part of their strategy. Oftentimes, they'll either make a low ball offer or no offer at all, and they'll constantly tell you they need more information and they'll feed you all kinds of lines to drag it out and tell you they're trying to get authority or there are these reasons or those reasons why they can't pay you what you're asking for. But really it's all designed to delay the process to either stop you from getting a lawyer on time, or by the time you do get a lawyer, your case just isn't as good as it was because time has gone on and you've not done the right things to help support your claim or completely run the clock. There are statute of limitations. If you don't file a lawsuit within those limitation dates, you can be completely barred from bringing a claim later. 
Delay also wears the person down. Oftentimes that's a tactic to get you to accept less money. Speak to an experienced injury lawyer. A lawyer will make a proper demand. But more importantly, if the insurance company isn't willing to settle with you, your lawyer can push it, and that's the best way to stop an insurance company from delaying your case. 
4. Low Ball Offers
Another way, insurance companies minimize settlements is simply just by not paying enough. They make low ball offers in the hopes that you'll accept it, in the hopes that you're uneducated about the process, uneducated about your rights, and they, you'll accept their low ball offer.
Don't take their low ball offer. Get advice so that you can get a fair settlement for your case. We have another video on how to recognize low ball offers. I encourage you to watch that and listen to some of the, uh, the ways that you can recognize when the insurance company is giving you a low ball offer.
5. Questioning Treatment Necessity
Insurance companies have a lot of plays, so on the one hand, they might tell you your injuries aren't that severe. But on the other hand, if you're seeking treatment and you've got doctors, well then they'll tell you that treatment isn't really necessary. It's not related to the accident. You're overtreating. Your injuries aren't as significant as you think they are. They're just gonna get better with time, and therefore your case isn't worth as much as you think it is. So that's another tactic they'll fight about. Whether or not the treatment you're getting is actually reasonable and necessary. 
Don't listen to the insurance company. Listen to your healthcare team. Follow the advice of your doctors. Their interest is in trying to get you better. The insurance company's only interest is in paying you as little as possible. 
Consulting a Personal Injury Lawyer
So if you suspect that an insurance company is trying to pay you as little as possible, call a personal injury lawyer. Consultations are typically free. Get advice, have your questions answered. So that you can make an informed decision for yourself and your future. 
Have Questions? Contact Us Today!
If you have any questions about an offer from an insurance company following an accident or an injury, feel free to reach out to us. You can call us 24 hours a day, seven days a week at our toll free number.
You can visit our website and request a free consultation.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices in Florida and Texas. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death.  Andrew is a lifetime member of the Million Dollar Advocates Forum.