When a car accident happens, victims often assume that insurance companies will fairly compensate them for their injuries and damages. Unfortunately, this is rarely the case. Insurance companies are for-profit businesses, and their goal is to minimize payouts to protect their bottom line.
In Texas, where car accidents are common due to busy highways, distracted driving, and severe weather conditions, insurance companies have developed sophisticated strategies to reduce the amount they pay to accident victims. These tactics often exploit victims' lack of knowledge about the claims process, state laws, and their legal rights.
Here, our car accident attorney at Bradford N. Oesch, P.C. in Houston, Texas, will cover some of the most common tactics insurance companies use to undermine car accident victims like you. We'll help you recognize and avoid these strategies if you ever need to file a claim.
Offering a Quick, Lowball Settlement
One of the most common tactics insurance adjusters use is offering a quick, lowball settlement soon after an accident. They know that victims may be under financial stress due to medical bills, lost wages, and car repairs.
By offering a fast payout, the insurance company hopes the victim will accept the settlement before realizing the full extent of their injuries or damages. However, once you accept a settlement, you typically waive your right to seek additional compensation—even if your medical condition worsens.
In order to protect yourself, our car accident attorney recommends that you:
Never accept the first settlement offer without consulting a car accident attorney.
Take your time to assess your injuries and damages fully.
Request a detailed breakdown of how the insurance company calculated the settlement amount.
If a lowball settlement offer doesn’t work, insurance companies often turn to another strategy: delaying the claims process.
Delaying the Claims Process
Insurance companies often delay processing claims to frustrate victims into accepting a lower offer or giving up altogether. This is especially problematic for victims who need urgent medical treatment or car repairs.
Some common types of delays may include:
Not returning phone calls or emails
Requesting excessive paperwork
Requiring multiple, unnecessary medical examinations
Switching adjusters frequently to "restart" the process
The hope is that the longer they delay, the more desperate the victim will become, increasing the likelihood of settling for less. To protect yourself, consider the following:
Keep detailed records of all communication with the insurance company.
Follow up regularly and document any delays.
Consider hiring an attorney if the insurer is stalling.
In addition to delaying the claims process, insurance companies may take things a step further by outright denying liability, even when the facts clearly show their policyholder was at fault.
Denying Liability Without Justification
This tactic is used to avoid paying claims altogether or pressure victims into accepting a reduced settlement. Insurance companies might claim:
There isn’t enough evidence to prove their insured was responsible.
You were partially or fully at fault.
A third party was responsible for the accident.
By doing this, they attempt to shift blame and avoid paying your claim altogether. According to Texas Statutes, victims can only recover damages if they're less than 51% at fault. Insurance companies may try to argue that you were at least 51% responsible, so they don’t have to pay.
Our experienced car accident attorney recommends that you:
Collect as much evidence as possible, including photos, witness statements, and police reports.
Don't admit fault or apologize at the scene, as this could be used against you.
Seek legal help if your claim is wrongfully denied.
After denying liability, insurance companies often try another tactic: downplaying the severity of your injuries or claiming they were pre-existing.
Downplaying Injuries or Arguing They Were Pre-Existing
Many insurance adjusters downplay the severity of injuries to reduce the amount they have to pay or avoid covering medical expenses altogether. They may argue that:
Your injuries are minor and don’t require extensive treatment.
You’re exaggerating your pain and suffering.
You had a pre-existing condition that contributed to your injuries rather than the accident itself.
For example, if you suffered from back pain before the accident, the insurer might claim your injuries weren't caused by the crash but by your previous condition. Our experienced car accident attorney recommends that you:
Seek immediate medical attention after an accident.
Follow all prescribed treatments and attend all doctor’s appointments.
Keep thorough medical records and obtain a doctor’s statement linking your injuries to the accident.
We can help you through all of the steps.
Using Your Own Words Against You
After a crash, an insurance adjuster may contact you and ask for a recorded statement. They may seem friendly and concerned, but their real goal is to get you to say something that can be used against you.
For example, if you say “I feel fine” when they ask how you’re doing, they might later argue that you weren’t seriously injured. Even innocent statements like “I didn’t see the other car” could be twisted into admitting fault. To protect your rights, our car accident attorney strongly suggests that you:
Don't provide a recorded statement without speaking to an attorney.
Keep your responses brief and factual.
Avoid discussing fault or speculating about injuries.
In addition to pressuring you for a recorded statement, insurance companies may also pressure you to sign a broad medical authorization form, allowing them to access medical records.
Pressuring You to Sign Medical Authorization Forms
While insurance companies may claim signing this form is necessary to process the claim, they often use it to look for pre-existing conditions or unrelated medical issues to minimize their payout. Be sure to consult with your car accident attorney before signing anything and don't sign any medical release forms without thoroughly reviewing them.
While we recommend that you avoid signing medical authorization forms before having them looked over by your lawyer, we also recommend that you seek medical treatment soon after your accident.
Blaming You for Not Seeking Immediate Medical Treatment
Not only is it important to seek medical treatment after your accident because you may have suffered injuries that your adrenaline may be masking in the moment but also because, if you don’t seek medical treatment right away, insurance companies may argue that your injuries weren't serious.
They may also argue that your injuries were caused by something else that happened after the accident, depending on how much time has passed between when the accident occurred and when you sought treatment.
Some injuries, like whiplash or internal bleeding, may not show symptoms right away, but delaying medical treatment can give insurers an excuse to deny or reduce your claim.
That said, be sure to seek medical attention as soon as possible after an accident (even if you don't feel pain right away). Follow up with your doctor if symptoms appear later as well.
Hiring "Independent" Medical Experts to Challenge Your Claim
Insurance companies often hire so-called independent medical examiners (IMEs) to dispute the severity of your injuries. The insurance company pays these doctors, so their opinions are often biased.
They may claim that:
Your injuries aren't as severe as you say.
You should have recovered by now and no longer need treatment.
You can return to work, even if your doctor says otherwise.
It's for these reasons that our car accident attorney recommends that you:
Get multiple medical opinions from trusted doctors.
Keep records of all medical visits, diagnoses, and treatments.
If required to see an IME, bring a witness or record the exam if allowed.
By taking these steps, you can protect your rights and make sure that insurance companies don’t minimize or dismiss your legitimate injuries.
These are only some of the tactics that insurance companies use to undermine car accident victims to reduce the amount of money they pay out, or to avoid paying out altogether. Working with an experienced car accident attorney can help protect your rights after an accident and defend you against this behavior.
Contact a Car Accident Attorney Today
If you've been involved in a motor vehicle accident, don't hesitate to reach out to Attorney Brad Oesch at our law office: Bradford N. Oesch, P.C. We serve clients in Houston, Texas, and the surrounding areas. Give us a call today to schedule a consultation.
