You are injured in a motor vehicle accident. It is now the next day and you have not yet been able to contact a lawyer. You are in the hospital or at home and are uncertain as to what to do if the other driver’s insurance company calls you. You wonder: “What are their tactics? What do I need to do?”
Good questions. Here are some answers. In this blog, we’ll share common tactics used in insurance negotiations and how to protect yourself against them. These tactics include:
- Providing a false sense of security
- Getting you to admit fault or partial fault
- Downplaying your injuries
- Surveilling you after your accident
Providing a False Sense of Security
Generally, whatever the insurance adjuster does, it is not aimed at helping you. It is intended to help the insurance company by reducing the amount that they have to pay you. The insurance adjuster’s job is to look out for the insurance company, not you.
The adjuster will call you and take a recorded statement from you if you permit it. They may ask your permission or just do it without telling you. They will talk like their insured is at fault and they are going to take care of you. This is called claims control and the goal is to give you a false sense of security by accepting liability. By giving you this false sense of security, the adjuster is hoping you won’t seek out a lawyer. The insurance company knows what your claim is worth and they know you don’t. They know if you get a personal injury attorney they will have to pay what your claim is worth and not be able to settle with you for a significantly lesser amount.
Getting You to Admit Fault or Partial Fault
They will try to get you to say something that they can use to prove that you were partly at fault, such as that you saw the defendant coming at a high speed and therefore should have anticipated that they were going to run the stop sign.
Downplaying Your Injuries
They will also try to get you to say something that they can use to show that you were not badly injured (you are still at work or are planning a vacation) or that you have a pre-existing injury or condition that is the source of your symptoms.
The solution is to not give a recorded statement; instead let your lawyer communicate for you. You can also limit your conversation with the insurance adjuster to the damage to your car and tell them that any conversation around your injuries will need to involve your lawyer.
The insurance adjuster may also ask you to sign an authorization for them to get your medical records and even talk with your doctor. You do not want your insurance company involved in your treatment, talking with your doctor, asking questions, and trying to influence your treatment.
Surveilling You After Your Accident
It is common for insurance companies to hire investigators to do surveillance on you and photo your activities. Their aim is to get photos of you doing something that is inconsistent with your symptoms. We had one insurance company hire investigators to put trail-cams on poles and trees near our client’s house.
You can expect the insurance company to investigate you on Facebook and other media. Consequently, you should not post or communicate anything about the accident or your injuries, treatment, or recovery.
Insurance companies will also interview neighbors or anyone they can find who knows you, in order to get information about the accident, injuries, etc. So, you must be careful who you talk with or provide photos to.
Although we have not seen surveillance drones in use yet, that may be coming. Insurance companies can be quite imaginative in spying on people and getting information.
Insurance Negotiations – Don’t Go it Alone
After an accident, many people think they can handle their personal injury case on their own. They believe they have all the evidence and that the case is straightforward. The insurance company may even admit that their insured was liable, further reinforcing a person’s belief that they don’t need an attorney. Usually, it quickly becomes clear that going it alone wasn’t as effective as a person originally thought. The best way to combat insurance company tactics is to avoid discussing your case with the adjuster and direct them to your lawyer.A personal injury lawyer brings expertise to your case, understands the complexities of personal injury law, and knows the tactics used in insurance negotiations. Don’t go it alone, call McGlone Law and let us help you get the compensation and support you deserve.
