Personal injury (PI) is about compensating people who have been injured due to the negligence of others.
However, it can be very difficult to receive adequate compensation. Insurance companies employ loss adjusters to minimize claims, often using different strategies.
It is advisable to hire victims Personal Injury Lawyers to represent them. In this way, they can protect their rights and ensure that they receive appropriate compensation for their injuries by being aware of these strategies.
Below are some of the most typical tactics used by insurance adjusters.
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Misleading or manipulative statements
Making misleading or manipulative claims is one of the first strategies an insurance adjuster may employ. An adjuster may contact the claimant after an accident and suggest that they would be better off accepting a low settlement offer. They may try to create a false sense of urgency by giving the applicant the impression that this is the only offer being considered or that it is only available for a short time.
Adjusters may downplay the extent of the injuries or medical costs by claiming that the claimant's injuries are not as serious as they appear or that they do not require ongoing care. For example, they may say that the injuries are “minor” and would disappear quickly, which could tempt a plaintiff to accept an inadequate offer to close the case at minimal cost. These comments are intended to weaken the plaintiff's confidence in his case and encourage him to settle for less money.
Delay tactics
Insurance adjusters recognize that claimants may choose lower compensation due to financial stress. Delaying the compensation process is a popular strategy to achieve this goal. By requiring unnecessary exams from multiple doctors, obtaining redundant medical records, or requesting excessive documents, adjusters can drag out negotiations.
Delaying returning calls or emails can also cause delays, making it difficult for applicants to obtain the information they need to process their case. The likelihood that the plaintiff will run into financial difficulties and ultimately settle out of desperation increases with the length of the proceedings. Unfortunately, applicants often accept lower offers just to ease their fears and insecurities.
Low initial offer
In the early stages of the claims process, insurance adjusters make a low settlement offer. This strategy, known as “lowballing,” attempts to convince the plaintiff to accept an offer that is significantly less than what he is entitled to for his injuries. The offer often represents only a portion of the actual value of the claim, even if it may sound tempting at first, especially if you are seeking a settlement.
Insurance companies make a low offer early because they know that many consumers do not fully understand the extent of their injuries or the long-term costs of medical treatment. An applicant may accept the offer without learning that if he or she fails to exercise due diligence, he or she will be entitled to significantly more money. You can prevent such exploitation by having a personal injury lawyer on your side.
Challenging liability
The insurance company can dispute the insured person's claims Liability in a number of situations. Expert witnesses attempt to argue that the plaintiff is partially or completely at fault, even when it is obvious that their client is responsible for the accident. Adjusters attempt to reduce the compensation they pay by reducing the insured's perceived liability.
For example, an expert might argue that the plaintiff contributed to the injury by failing to follow proper safety protocols or that he was driving too fast at the time of the collision. Not only does this strategy reduce the insurance company's responsibility, but it can also encourage the applicant to accept a smaller payout by giving them the impression that they bear some of the blame.
Questioning the severity of injuries
To reduce compensation, insurance adjusters may question the plaintiff's claims of serious injuries. They may employ medical professionals who question the diagnosis, course of treatment, or long-term consequences of the injuries. Some experts may even argue that the plaintiff's injuries were preventable through reasonable care or that they pre-existed.
Expert witnesses may take advantage of situations where medical reports appear contradictory or ambiguous by claiming that the injuries were not as serious as stated. To reduce the cost of medical bills, they may also claim that the plaintiff's treatment plan is excessive or unnecessary. For example, the adjuster may question whether physical therapy is actually necessary if the claimant is required to do so, resulting in a settlement that does not cover the full cost of long-term care.
Surveillance and social media monitoring
Claims adjusters may hire private investigators to monitor the plaintiff's day-to-day actions after the lawsuit is filed. They will argue that the plaintiff is exaggerating his injuries or recovery by using surveillance footage or supporting documentation.
For example, it can be used to refute an injured person's claims if they are observed walking or engaging in other activities that appear unrelated to their alleged injuries.
To find evidence of actions that suggest the plaintiff's injuries are not as serious as claimed, adjusters may also keep an eye on their social media accounts. It can be argued that a plaintiff's disability is not as incapacitating as he claims if social media posts show him engaging in activities that appear normal.
Pressuring claimants to provide written statements
Another typical strategy used by insurance adjusters is to pressure claimants to provide written or recorded statements about the accident and their injuries. Adjusters can exploit these seemingly innocuous words to influence history to their advantage. The expert may ask leading questions or create an atmosphere in which the plaintiff feels pressured to provide information that contradicts his or her position.
Once the comment is made, the adjuster can use it to manipulate the facts. The expert may dispute the validity of the claim if the plaintiff's testimony contradicts his initial description of the incident or his stated injuries. This may result in reimbursement being reduced or, in certain cases, the claim being rejected entirely.
It discourages you from hiring a lawyer
Insurance adjusters try to discourage applicants from being hired Legal advice by claiming that it is unnecessary or would cause delays in the process. They could mean that the plaintiff can manage the case themselves and keep more of the settlement money. Experts can encourage plaintiffs to settle quickly by making the process seem easy, especially if the initial offer is “generous.”
They do not inform plaintiffs that legal representation is essential to navigating the intricacies of a PI case. An attorney can protect the plaintiff from these fraudulent practices, ensure fair compensation, and prevent the insurance company from taking advantage. If a lawyer is involved, Insurance Companies are much more likely to offer a better comparison offer.
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