Ways the Insurance Company Can Trick You Into Saying Something to Devalue Your Accident Claim

It seems like you can’t ever watch TV without seeing an ad for an insurance company. Whether it’s Liberty Mutual, GEICO, State Farm, Nationwide or others, these ads run all the time. While they can say things to allude they they are “on your side”, when it comes to paying out settlements for an accident claim, they try to minimize their payouts and their loyalties are far more to their shareholders. It’s important to remember that insurance adjusters, no matter how friendly they may seem, are not always on your side. Their primary goal is to minimize the amount of money they have to pay out on your accident claim. One of the ways they can do this is by tricking you into saying something that can reduce the value of your claim, which means less money for you when it comes time for them to pay out their claim. Let’s talk about some of the tactics insurance companies use and how you can protect yourself. Here are 5 ways below.

1. Insurance company representative asks for a recorded statement: Insurance adjusters may ask you to provide a recorded statement about the accident and your injuries. They may make it seem like the standard procedure (and for most companies it is), but often it’s because they want to get you saying something inconsistent or conflicting. They’re hoping you’ll say something that contradicts your claim or downplays your injuries. Anytime there is an injury involved, you will want to have an attorney on the phone with you. Insurance companies like it much more when a person does not have an attorney, since they know they can get away with a lot more in those situations.
2. The insurance company offers you a quick settlement: If the insurance company offers you a settlement soon after the accident, you should be cautious. They’re hoping you’ll accept a low offer before you fully understand the extent of your injuries and the long-term costs associated with them. Just recently, a person was offered $1,000 for the children that were involved in an accident because they weren’t physically harmed. However, these children saw their mom who was badly injured. After having an attorney present, the attorney knew about something called negligent infliction of emotional distress. Each child eventually got $100,000 each, instead of the $1,000 the insurance company initially offered. Don’t accept any settlement without consulting an attorney first.
3. The insurance company agent may ask leading questions: Insurance adjusters are trained to ask questions that can lead you to give answers that make it sound like it’s your fault (or partially your fault) as to saying something that agrees with their leading questions. They may ask things like, “You didn’t see the other car coming, did you?” or “You’re feeling better now, right?” Be cautious! Just stick to the facts without elaborating or speculating.
4. Misrepresenting your words: Insurance adjusters may take your words out of context or misinterpret them in a way that helps them to justify paying you less money for the accident claim. For example, if you say, “I’m sorry,” they may try to use that as an admission of fault, even if you were just expressing sympathy. That’s why it’s crucial to be careful about what you say when talking to insurance company representatives. Especially when there are injuries involved, it’s best to have an attorney communicate on your behalf. This is exactly that personal injury attorneys are trained to do. The best accident lawyers know exactly how to handle the insurance companies.
5. Surveillance: In some cases, insurance companies may hire investigators to watch you, hoping to catch you doing activities that contradict your claim. For example, if you say you are too injured to work because of your accident but an investigator sees you playing pickleball, they are going to assume you have been lying or exaggerating your injuries. They may try to use this evidence to argue that your injuries aren’t as severe as you say they are. It’s best to be honest about your injuries and physical imitations caused the the accident. Make sure to follow your doctor’s advice to avoid giving them any justification for avoid paying you the fair value for your claim.

What should you do if you were injured in an accident?

The best way to protect yourself is to hire an experienced personal injury attorney. Did you know that attorneys (at least the best accident lawyers) are often able to get you much more settlement money than if you try to handle the case on your own. They are incentivized in getting you the most money possible since they will take a percentage of the settlement money. But if the insurance company was offering you $25,000 and they get you $100,000 instead….that’s $42,000 more that you would have received even after paying them the 33% fee (that’s the percent most attorneys charge). Plus, your attorney will handle all communication with the insurance company and handle all the legal paperwork involved. Ask most people who have hired a lawyer after an accident and they will tell you that it’s well worth it.

Some of the questions they may ask you…

These are some example questions an insurance claim handler may ask you to try to get you to say something that lowers the value of your claim:

• “How are you feeling today? You’re doing much better now, right?”
• “Are you sure you were injured in the accident? You didn’t mention any pain at the scene.”
• “Did you have any pre-existing conditions or injuries before the accident?”
• “Why did you wait so long to seek medical treatment after the accident?”
• “The damage to your car doesn’t look that bad. Are you sure you were injured?”
• “You were able to return to work pretty quickly after the accident, weren’t you?”
• “Can you describe how the accident happened? Are you sure you didn’t contribute to causing it?”
• “Have you ever filed an insurance claim or lawsuit before?”
• “The police report doesn’t mention any injuries. Why is that?”
• “What activities have you been able to do since the accident? It seems like you’re not as limited as you claim.”
• “Why do you need more medical treatment? Haven’t you already recovered?”
• “Can you provide us with access to your entire medical history?”
• “Are you sure you didn’t have any symptoms before the accident?”
• “The other driver says you apologized at the scene. That means you admitted fault, right?”
• “Can you give us a recorded statement about what happened in the accident and your injuries?”

Remember…don’t accept what the insurance company offers you right out of the gate without speaking to a personal injury lawyer first!

Insurance Companies Known for Trying to Devalue Your Claim and Settlement Payout

Here are some of the most common ones in Texas:

• State Farm
• GEICO
• Allstate
• Progressive
• USAA
• Liberty Mutual
• Farmers Insurance
• Nationwide
• Esurance
• Texas Farm Bureau Insurance
• Amica
• Mutual American Family Insurance
• The Hartford
• Mercury Insurance
• Safeco Insurance
• AAA
• Texas Travelers
• MetLife
• Kemper Insurance
• National General Insurance
• Elephant Insurance
• Root Insurance
• Lemonade Insurance
• Dairyland Insurance
• Infinity Insurance