When you’re injured in a car accident, you may decide to file a personal injury claim to hold the at-fault party accountable. It’s a reasonable approach, and you may believe that the process will be straightforward: you’re injured, you file a claim, and the insurance company pays you for your losses. However, it doesn’t always work out that way. Often, insurance companies try to delay and deny your claim to test your persistence and willingness to fight for fair compensation.
The skilled Kansas City accident attorneys at Peterson & Associates, P.C. understand the tactics used by insurance companies to stall the legal process or wear you out to get you to accept a lower offer. Here, our attorneys explain the main strategies used by insurance companies to pay out as little as possible, how to defend yourself against these strategies, and how our accident attorneys might be able to help.
Strategies Used by Insurance Companies
It can be a frustrating and time-consuming experience to deal with an insurance company. Their primary goal is to pay out as little as possible and maximize profits. To do that, they employ various underhanded tactics, including making you feel like the guilty party, delaying the process until you miss the statute of limitations, and adopting a “take it or leave it” approach to injured victims.
Here are some primary strategies used by insurance companies to avoid paying a fair settlement and/or to avoid paying at all:
When the Insurance Company Delays the Claim
Once you’ve filed a claim for your accident injuries, you’ll likely experience any number of the following demands from the insurance company that will delay the process:
- You need to fill out an additional form
- You filled out the form incorrectly and must redo it
- Your particular claim isn’t covered by insurance
- You’ve made the claim too late
The excuses made by the insurance company are endless, and the hope is that the more difficult they make the process and the longer they delay, the injured party with a legitimate claim will finally give up and drop their pursuit of compensation.
The delay tactic is particularly effective, as the insurance adjuster may take weeks or months to respond to your claim. They may also schedule and then reschedule meetings. This never-ending cycle of waiting can wear down even the most patient person. The insurance company knows that your medical bills are piling up and you may be losing time from work, so you may be willing to accept a lowball offer.
When the Insurance Company Makes a Lowball Offer
A common stall tactic used by insurance companies is to offer a lowball settlement. An adjuster will likely contact you soon after the accident or even while you’re in the hospital, appearing sympathetic and concerned about you, and offer you a quick settlement. Because insurance companies are only concerned with keeping payouts low, this initial offer is usually far less than what your claim is actually worth.
It's possible that the adjuster will pressure you into accepting the offer and try to get you to believe that it’s the best settlement you’ll receive. It’s important that you not fall for this tactic because once you accept it, you can’t go back and ask for more compensation later—even if you find that your injuries were worse than you thought and you need additional medical care or surgery.
Before you accept any settlement, discuss your case with a knowledgeable personal injury attorney. At Peterson & Associates, P.C., we can evaluate settlement offers and advise you on whether they're fair. We're not afraid to negotiate aggressively for the full value of your claim.
When the Insurance Company Denies the Claim
You may think that when you have a legitimate injury claim, an insurance company acknowledges it and pays it. But often, that doesn’t happen. Insurance companies make it a regular practice to refuse to pay claims they know are covered and actually reward employees who pay out the fewest claims. Claims are denied for many reasons, including the following:
- The claimant misinterpreted the language in the policy
- The claimant didn’t disclose all the facts of the accident, and the insurance company drops coverage completely
- The claimant was fraudulent in their claim information
- The claimant did not provide sufficient evidence—the insurance company may say they need paperwork, receipts, video, photos, and witness statements to support your claim
- The claimant’s injuries aren’t as serious as documented
- The claimant made a coding or billing error
The deny strategy can be especially frustrating, but the experienced lawyers at Peterson & Associates, P.C. have seen these tactics and know how to build a strong case that stands up against them.
When the Insurance Company Forces You to Defend Your Claim
If a claimant refuses to accept a lowball settlement offer, they have little recourse but to take their case to court. While some insurance companies may not want this, a court proceeding helps ensure further delays. In fact, when you’re forced to litigate your claim, it may take years to settle—and longer if you have to appeal.
If you go to court with the insurance company, it will mount an aggressive defense against you. They may hire or already have high-powered lawyers who will try to tear your case apart. They may also try to drag out the legal process until you’re overwhelmed with medical bills or are tired of waiting for your payout.
When the Insurance Company Isn’t Playing Fair: Hire a Kansas City Accident Attorney
Most personal injury attorneys work on a contingency fee basis. This means you don’t pay them until they win your case. So, it makes sense to hire legal representation after your accident. The best way to improve your chances of obtaining fair compensation is to hire an attorney—especially when an insurance company disputes your injury claim. Our Kansas City accident attorneys understand state and local laws, how to communicate and negotiate with the insurance companies, and what information and evidence are needed and how to best present it. Our attorneys can do the following:
- Level the playing field—because insurance companies know that when you hire an attorney, it generally means you’re serious about pursuing compensation and are prepared to take your case further
- Investigate the accident and gather critical evidence
- Negotiate a better settlement
- Handle the often dishonest and unscrupulous tactics of the insurance company
- Communicate with the insurance company, so you avoid making statements that could hurt your case
- Take your case to court, if necessary—if your case reaches this stage, you’ll need skilled legal representation to advocate on your behalf
When the Insurance Company Asks for Unnecessary Information
Another tactic often used by insurance companies is requesting excessive or irrelevant information from claimants. They may demand access to your entire medical history, even for conditions unrelated to your injury. They may ask for tax returns, employment records, or other personal documents.
These are considered fishing expeditions, and they serve two purposes: to make your life difficult and to find anything they can to use against you. For instance, if you had a previous neck injury, they may argue that your current neck and back pain are due to that past condition.
Our experienced personal injury lawyers know which information requests are reasonable and which ones aren’t. We will help protect your privacy and give only the necessary documentation to the insurance company.
Why Choose Peterson & Associates, P.C. When Your Claim Is Disputed
Attorneys who are educated in personal injury law and have dedicated their careers to this practice area understand the legal process and system and the people who work inside it. Having a lawyer who is respected and has built solid relationships with those working in the court system can help make an easier path when settling your case.
Additionally, attorneys are familiar with all the ways insurance companies try to dispute claims and the strategies they use to reduce the amount of their payouts. But our Kansas City accident attorneys provide more than just the chance for a fair settlement. We provide peace of mind to accident victims while they’re recovering. We handle the stress of dealing with the legal system so you can focus on getting better.