What to Do When Insurance Adjusters Downplay Your Injuries

What to Do When Insurance Adjusters Downplay Your Injuries

​Dealing with insurance adjusters after a car accident is not for the fainthearted. These professionals are trained to minimize the company’s payout, often by downplaying your injuries and offering lowball settlements. Learn their tactics and how to respond to protect your rights during insurance disputes.

Common Insurance Negotiation Tactics

Adjusters use every trick in the book to reduce what the insurance company has to pay on your claim. Here’s what to watch out for:

• Quick settlement offers: While it’s tempting to accept fast cash, these initial offers often fail to cover the full extent of your medical expenses and other damages. Accepting such an offer can leave you scrambling for funds to cover ongoing treatments or unforeseen costs.
• Disputing liability: Adjusters may attempt to shift the blame onto you, arguing that you were partially or entirely at fault. This tactic lowers your payout since shared fault reduces your compensation by whatever percentage of the fault they pin on you.
• Downplaying injuries: It’s not uncommon for adjusters to question the severity of your injuries or suggest they were pre-existing. They might scrutinize your medical records, looking for any indication that your condition isn’t solely due to the accident. They may use this argument to reduce compensation for your medical expenses and pain and suffering.
• Delaying your claim: Some insurance companies intentionally delay the claims process by requesting excessive documentation, claiming they need more time to investigate, or continuously transferring your case between representatives. These tactics are intended to cause frustration and financial strain in the hopes that you’ll give up and accept less than you deserve.

What Not to Say When Talking to an Insurance Adjuster

Your words can be used against you in the claims process. Here’s what to avoid:

• Admitting fault: Even a simple “I’m sorry” can be interpreted as an admission of guilt. Stick to the facts when recounting the incident and avoid making statements that could be construed as accepting responsibility.​
• Speculating about injuries: Avoid statements like “I feel fine” or “It’s nothing serious.” Some injuries take days or weeks to manifest symptoms. Downplaying your condition may undermine your claim and reduce the compensation you receive.​
• Providing recorded statements: Politely decline requests to record your conversation. Adjusters may pick apart your words later to downplay your injuries or twist your story. Talk to an attorney before saying yes to anything on record.
• Discussing the accident details: Limit the information you share about the incident. Provide only the necessary facts and avoid elaborating or speculating about what happened.

How to Respond to a Low Settlement Offer

It’s common for providers to offer frustratingly low settlements, so be prepared for this when dealing with insurance adjusters. Here’s how to handle it:

• Stay calm and professional: Reacting emotionally may hinder negotiations. Approach the situation with a clear mind and a professional attitude.
• Request justification: Ask the adjuster to explain how they arrived at the offered amount. This may provide insight into their evaluation process and highlight discrepancies or undervaluations.
• Highlight the evidence: Point to medical records, repair estimates, and other documentation that support a higher settlement. Concrete evidence strengthens your position and demonstrates your claim’s validity.
• Make a counteroffer: Present a reasonable counteroffer based on your documented losses. This demonstrates your willingness to negotiate while standing firm on your needs.
• Consider legal assistance: If negotiations stall or the adjuster remains uncooperative, consult a car accident attorney to provide leverage and protect your rights.

Maximizing Your Payout from Insurers

Getting fair compensation after a car accident often involves more than submitting a claim and waiting. Insurance companies are businesses, and they’ll do what it takes to protect their bottom line. If you want to end up with a payout that actually covers your losses, take control of the situation with these steps:

• Seek medical attention promptly: Even if you don’t think you’re injured, visit a healthcare professional after the accident. Some injuries may not be immediately apparent, and having a medical record linking your injuries to the accident is vital for your claim.
• Document everything: Keep detailed records of your medical treatments, car repair costs, and other accident-related expenses. This documentation is invaluable for substantiating your claims during negotiations.​
• Understand your policy: Familiarize yourself with your coverage, including deductibles, limitations, and exclusions. Knowing your policy terms empowers you to challenge unjust decisions and advocate effectively for yourself.​
• Be wary of signing anything: Don’t sign any releases or waivers without fully understanding their implications. Some documents may relinquish your right to pursue further compensation. When in doubt, talk to a lawyer.
• Avoid social media: Refrain from posting about your accident or injuries on social media platforms. Insurance adjusters may monitor your accounts and use your posts against you to devalue your claim.​
• Don’t rush into a settlement: Insurers count on people needing quick cash and saying yes to less than they deserve, but that doesn’t mean you have to accept the first offer. Instead of falling for this trap, take the time to calculate the long-term costs of your injuries and make sure you’re getting what you’re actually owed.
• Seek legal help: You’re not expected to know every law or insurer negotiation tactic. That’s where a personal injury attorney comes in. With a knowledgeable legal professional in your corner, the insurance company knows they can’t get away with ripping you off.

Never Settle for Less Than You Deserve

If you’re facing a low settlement offer or feeling overwhelmed by the back-and-forth with insurers, reach out to Carvalho & Associates Attorneys at Law. We’ve been fighting for accident victims for over 30 years. Our Las Vegas personal injury law firm has a reputation for winning high-profile cases, attracting clients across Nevada because they know we deliver results. Get help standing up to insurance adjusters—contact us today for a free consultation with our car accident attorney.