Your heart sinks as you read the letter from the insurance company denying your car accident claim. It states you were partially at fault for the incident, even though the other driver ignored a stop sign and crashed into you.
John Beck and Paul Beck, our Nebraska car accident attorneys, understand how frustrating it is when insurance companies use unfair defense tactics to avoid paying valid claims. Here’s how we can help you fight back and pursue the compensation you deserve.
Common Insurance Company Defense Strategies
An insurer’s goal is to find any information that could potentially undermine your claim or reduce the compensation it has to pay. Here are the main ways it gathers and uses evidence:
- Review your medical history. Adjusters request comprehensive medical records going back years before the crash, looking for any previous injuries or treatment gaps they can use to dispute whether your current symptoms were caused by the accident.
- Delayed treatment. Insurers often claim gaps between the accident and your first doctor visit to prove your injuries aren't serious. But sometimes, this happens because of real-world factors like hoping minor pain will resolve on its own or difficulty getting prompt medical appointments.
- Comparative negligence. A company might also try to reduce or eliminate your compensation by arguing that you were partially at fault. Under Nebraska law, your degree of fault in the crash can reduce your settlement.
- Examine official reports and statements. Claims adjusters carefully review police reports and witness accounts. Even minor inconsistencies in how people describe the crash could be used to question your version of events.
- Monitor your social media activity. Insurance companies regularly check claimants' social media profiles for photos, check-ins, or comments that might contradict claims about injury severity or activity limitations after the accident.
Understanding these investigation tactics helps protect your claim. This is why it's crucial to work with an experienced Nebraska car accident attorney who can guide you through the process and ensure insurance companies don't misuse information to deny or reduce your compensation unfairly. As an added reminder, be cautious when approached by an insurance adjuster after an accident.
How Effective Are These Tactics?
Insurers rely heavily on these defense tactics simply because they often work, especially against accident victims who don't have legal representation. Many people feel intimidated when questioned about gaps in medical treatment or when confronted with their social media posts. They may accept a lowball settlement offer rather than challenge the arguments.
Other individuals become discouraged when adjusters dig up old medical records showing previous injuries, not realizing that preexisting conditions don't disqualify them from receiving compensation when an accident makes those conditions worse. Even experienced negotiators can struggle when insurance companies skillfully combine multiple defense strategies, such as arguing both comparative negligence and failure to mitigate damages through prompt medical treatment.
Safeguards Against Insurance Company Tactics
Having the legitimacy of your accident’s repercussions questioned can be disheartening. Remember that insurance companies’ tactics are just that, meant to give leverage to deny your claim or reduce your compensation. Taking these proactive steps can help counter common insurance defenses:
- Document everything. Make sure to record all information related to the crash and your injuries through photos, medical records, and a written account while the details are fresh in your memory.
- Stay the course. Following medical treatment recommendations and attending every scheduled appointment prevents arguments about failure to mitigate damages or gaps in care that insurance companies love to exploit.
- Keep it private. Avoid discussing the accident or your injuries on social media, as innocent posts can be misinterpreted. Anticipate that the negligent motorist’s insurance company will be actively monitoring your accounts looking for evidence to use against your case.
By taking these precautions, you protect your right to fair compensation and avoid falling victim to an insurer’s defenses. Beck & Beck Attorneys can help you even more by:
- Anticipating and preparing responses to an insurance company’s attempt to deny your claim. We know their playbook and how to counter their tactics effectively.
- Gathering strong evidence through accident reconstruction, medical experts, and witness testimony to support your version of events and damages claimed.
- Handling all communication with adjusters so you don't accidentally say something that could hurt your case. We know how to avoid their traps.
We have extensive experience helping crash victims secure the compensation they deserve despite pushback from insurance companies.