Common Defense Strategies Used by Insurance Companies

Insurance companies often implement a range of tactics to reduce the compensation owed to individuals filing injury claims. These strategies, while sometimes subtle, can impact the outcome of your claim if not addressed properly. Common tactics include disputing the severity of injuries, questioning liability, and even offering low settlement amounts quickly to settle the claim before the injured party consults legal representation. Understanding these defense strategies can help you prepare for the obstacles you can face when filing a claim.

At Younglove Law Group, we understand the challenges injury victims encounter when dealing with insurance companies. We are committed to helping our clients receive the compensation they deserve by preparing for common tactics insurers use to minimize payouts. Our experienced attorneys know what to look for in each case and how to counter insurance companies’ strategies effectively. Whether you are facing resistance on a liability claim or your injuries’ severity is being questioned, we can assist you in navigating these obstacles.

Questioning Liability

One of the primary strategies insurance companies use is disputing liability, which is the degree to which each party is responsible for an accident. By shifting part or all of the blame to the injured party, insurers can reduce the amount they have to pay or even avoid paying altogether. For example, if you were in a car accident, the insurer might argue that your actions contributed to the incident, even if you were primarily the victim.

To build a case for reduced liability, insurance adjusters might gather witness statements, review police reports, or look into traffic laws to find any way to shift blame. In some instances, they can even use your own statements against you. If you gave any recorded statements to the insurer, they might use your words selectively to create doubt about liability. This can complicate the claims process, especially if your injuries require immediate attention and recovery resources.

Moreover, insurers sometimes apply “comparative negligence” rules to reduce payouts. In states with comparative negligence laws, compensation is reduced based on the injured party’s percentage of fault. This defense tactic can be significant if there is any ambiguity around who caused the incident. Having a strong understanding of the nuances of liability can be essential when building a counter-case to ensure fair compensation.

Minimizing the Severity of Injuries

Another common tactic is to challenge the severity of the injuries claimed. Insurance companies can try to downplay the extent of injuries to reduce the payout amount. This often starts with requesting detailed medical records to look for any pre-existing conditions that could explain your current symptoms, making it easier for them to claim your injuries are not solely related to the accident.

In some cases, insurers might suggest certain treatments or expenses are not necessary, which can lower your compensation. For instance, if you required physical therapy after an injury, they can argue it was not essential for your recovery. This strategy can place a financial strain on claimants who rely on specific treatments to heal properly and resume their daily lives.

Additionally, insurance companies might request an independent medical examination (IME), where a doctor selected by the insurer evaluates your injuries. While these exams can provide additional insights, the physician’s report will not be entirely objective as the insurance company selects and pays the doctor. They could use this report to contest the extent of your injuries, which can lead to a reduced settlement or denial of certain treatments.

Low Settlement Offers

Insurance companies can also attempt to settle the claim quickly by offering a low amount upfront. This approach benefits the insurer because early offers often come before you have had the chance to fully assess the extent of your injuries or consult legal representation. Quick settlements can be appealing to claimants who need funds immediately, but they are often well below what the case could be worth.

A fast settlement offer can also limit the insurance company’s liability in the long term. Once you accept a settlement, you generally forfeit the right to seek additional compensation later, even if new injuries or complications arise. This can be particularly problematic in cases where injuries have long-term impacts that are not immediately apparent, such as spinal injuries or chronic pain conditions.

Insurance companies count on the fact claimants might accept these low offers to avoid the lengthy claims process. However, waiting for a more comprehensive evaluation can often reveal additional compensation possibilities. Being aware of the potential future costs of your injury before settling can help you make a more informed decision, rather than taking the first offer presented.

Can Younglove Law Group Help With My Case?

At Younglove Law Group, we recognize navigating the complexities of insurance defense strategies can be overwhelming. Our team works diligently to uncover and counteract these tactics to help you receive a fair settlement. By thoroughly investigating the details of your case and gathering the necessary evidence, we aim to counter insurers’ attempts to dispute liability or minimize your injuries.

Our clients benefit from personalized attention and proactive advocacy that takes all possible defenses into account. With a track record of securing compensation across a range of personal injury cases, we are well-prepared to address any barriers insurance companies place in your way. Reach out to discuss your case, and let us explore how we can work together to achieve the best possible outcome. For a free consultation, call us at (949) 691-3660 or visit our contact form.