Insurance companies are a lot like other businesses; they want to make money. Sometimes, their goal of making money gets in the way of providing excellent insurance services.
Insurance companies often do not have your best interests in mind following an accident or any other situation that may require them to pay you. Instead, they may try to delay payment, deny coverage, or otherwise undermine your injury claim. Below are the top three ways that insurance companies try to do this.
Denying or Limiting Liability
The most common way that an insurance company will use to undercut your injury claim is by denying that their insured had any liability. The insurance company may state that their insured did not violate any duty of care or that he or she did not owe you any duty of care, and therefore could not be at fault or negligent. This argument would entirely eliminate liability.
The insurance company may also try to argue that the accident was actually your fault or that you were engaging in risky behavior, so the accident was at least partially your fault. In either of these situations, your recovery could be significantly less, or you may not be able to recover at all. It is important that you never admit fault of any kind when talking to an insurance company; it can be used against you later.
The insurance company may also argue that you are not mitigating your losses because you did not seek medical treatment right away. This argument essentially states that you are partly to blame for the seriousness of your injuries because you did not treat them effectively. The rationale is that if you would have treated faster after the accident, then you would not have suffered as much harm. This type of argument limits the insurance company’s liability.
Minimizing the Damages
Another frequent tactic that an insurance company may use is that they will try to argue that your injuries are not as bad as you claim they are. Insurance companies may do this by asking a medical professional to evaluate you and provide an opinion regarding your injuries. They may also scour your previous medical records to determine if you have ever had similar injuries in the past, which makes your claims today look less credible.
They may also look for evidence that you are engaging in activities that you would not be able to do if you are as injured as you claim. For example, an insurance company might look at your social media profiles to see if you are doing simple, everyday activities, such as lifting children or grandchildren, playing sports, or taking vacations. They can use these otherwise innocent activities against you in your injury claim.
Arguing Insufficient Evidence
An insurance company may also try to limit liability by arguing that you do not have enough evidence to support your claim. This argument may stem from the lack of witnesses, poor medical evidence, or failure to file a police report after a car accident. To combat this argument, it is especially important to keep records of the accident, medical treatment, and lost wages.
Keep in mind that your own insurance company may engage in some of these unsavory tactics as well. Having an experienced attorney on your side can help deal with some of these common after asserting an injury claim. Contact Jim Glaser Law today at 781-689-2277 or fill out our online form to request a free case evaluation.