How Insurance Companies Undermine Injury Claims & How to Fight Back

The Short Answer

Insurance companies use delay tactics, lowball settlements, disputed liability, misrepresented policy terms, surveillance, and questioning medical expenses to undermine injury claims and minimize payouts. To fight back, seek medical attention immediately, keep detailed records, avoid giving recorded statements, and consult a personal injury attorney to help ensure you receive the full compensation you may be entitled to.

Key Takeaways

Insurance companies use tactics like delaying claims, offering quick lowball settlements, disputing liability, and misrepresenting policy terms to reduce payouts.
Providing a recorded statement or posting on social media can hurt your claim, as insurers may twist your words or use surveillance to dispute your injuries.
First settlement offers are often much lower than what you may be entitled to, and may not cover future medical expenses. Be very wary of quick settlement offers!
Keeping detailed records of medical treatments, financial losses, and all communication with the insurer strengthens your case.
If your claim is denied, you have the right to appeal, file a complaint, or take legal action against bad-faith insurance practices.
Consulting a personal injury attorney improves your chances of securing full compensation. An attorney will negotiate, gather evidence, and take legal action (if needed) on your behalf.

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The Most Common Insurance Company Tactics to Deny & Minimize Injury Claims

1. Delay Tactics
2. Quick, Lowball Settlement Offers
3. Disputing Liability & Shifting Blame
4. Using Your Own Statements Against You
5. Misrepresenting Policy Terms
6. Surveillance & Social Media Monitoring
7. Questioning Medical Treatments & Expenses

How to Protect Your Claim From These Tactics
What to Do If Your Claim Has Been Denied
Frequently Asked Questions
Related Articles & Info

The Most Common Insurance Company Tactics to Deny & Minimize Injury Claims

When you file a personal injury claim after an accident, insurance companies will do everything they can to minimize or deny your compensation. Insurance companies are for-profit businesses–their primary goal is to protect their bottom line, often at the expense of injury victims who deserve fair settlements.

Below are some of the most common tactics insurance companies use and what you can do to protect yourself.

1. Delay Tactics

One of the most frustrating (and common) tactics used by insurance companies is delaying the claims process to wear claimants (like you) down, pushing them to accept a lower settlement or give up entirely. These delay tactics include:

Requesting excessive or unnecessary documentation – Insurers may repeatedly ask for more paperwork, even if it’s irrelevant to your claim.
Ignoring follow-ups or changing adjusters – They may cycle through multiple adjusters, making it harder for claimants to get consistent updates.
Delaying medical approvals – If you require treatment for your injuries, insurers might take their time approving procedures, prolonging your recovery.

How to Fight Back: Keep detailed records of all communications, deadlines, and document requests. If an insurance company is dragging its feet, consult a personal injury attorney to pressure them into acting in good faith.

2. Quick, Lowball Settlement Offers

A common strategy insurance companies use is to offer quick, low settlements before claimants fully understand the extent of their injuries. These tactics include:

Pressuring victims to accept fast payouts – They may contact you just days after the accident, offering a settlement that seems tempting but is much lower than what you may deserve.
Failing to account for future medical expenses – Many injuries, such as whiplash or traumatic brain injuries (TBIs), develop over time. Accepting an early settlement may leave you with out-of-pocket expenses for ongoing care.
Trapping victims into signing waivers – Signing a settlement too soon often means forfeiting your right to seek additional compensation if your condition worsens.

How to Fight Back: Never accept the first offer. Consult an experienced attorney who can assess the full value of your claim, including medical bills, lost wages, and pain and suffering.

3. Disputing Liability & Shifting Blame

Insurance companies often dispute liability to reduce or deny claims. Common strategies include:

Claiming you were partially or fully at fault – If they can argue you contributed to the accident, they may reduce your compensation under comparative negligence laws (Texas uses a modified comparative negligence law).
Misinterpreting traffic laws or accident evidence – Adjusters may use incomplete police reports or witness statements against you.
Challenging the credibility of your claim – They may argue that your version of events is inconsistent or unsupported by evidence.

How to Fight Back: Gather strong evidence such as police reports, medical records, photos, and witness statements. A lawyer can counter these tactics by carrying out an investigation on your behalf and building a strong case to demonstrate clear liability.

4. Using Your Own Statements Against You

Insurance adjusters often ask claimants to provide recorded statements under the guise of processing the claim faster. However, these statements can be twisted and used against you. Be aware of these tactics:

Twisting your words – Even casual statements like “I’m feeling okay” can be used to downplay your injuries.
Finding inconsistencies – If your statements differ slightly from initial reports, they may argue you’re being dishonest, or that your recollection of events is unreliable.

How to Fight Back: Never give a recorded statement without consulting an attorney. Keep answers brief and factual. Do not speculate or admit fault.

5. Misrepresenting Policy Terms

Some insurers misrepresent policy details to make claimants believe they are entitled to less compensation than they actually are. Similarly, adjusters may use complicated technical language and explanations to make the policy details more difficult to understand. This can include:

Citing policy exclusions that don’t apply – They may claim your accident isn’t covered due to fine print that doesn’t actually exclude your situation.
Understating coverage limits – Some adjusters mislead claimants about the maximum payout available under their policy.
Failing to disclose bad-faith insurance laws – If an insurance company unfairly denies or delays a valid claim, they may be violating bad-faith laws, which can lead to legal consequences.

How to Fight Back: Request a full copy of your insurance policy and review it carefully. If something seems off, an attorney can help you challenge bad-faith practices.

6. Surveillance & Social Media Monitoring

Many injury victims don’t realize that insurance companies actively monitor claimants to find ways to dispute their cases. This can include:

Hiring private investigators – Adjusters may send investigators to photograph or videotape claimants engaging in activities that contradict their injury claims.
Monitoring social media posts – Even innocent photos, such as smiling at a family gathering, can be twisted to suggest your injuries aren’t severe.
Using online activity against you – Checking in at a gym or vacation destination could be misinterpreted as proof that you’re not suffering.

How to Fight Back: Set social media accounts to private, avoid posting updates about your health, and be cautious about what you share online.

7. Questioning Medical Treatments & Expenses

Insurance companies frequently challenge medical claims to reduce payouts. Common tactics include:

Arguing that certain treatments are unnecessary – They may claim that therapy, chiropractic care, or other specialized treatments aren’t needed.
Challenging the severity of injuries – Adjusters might insist that your injuries were pre-existing or that you’re exaggerating symptoms.
Delaying approval for necessary procedures – By delaying coverage, they hope you’ll give up on seeking compensation for ongoing medical care.

How to Fight Back: Do not delay in seeking medical treatment for your injuries, maintain detailed medical records, follow all doctor recommendations, and avoid gaps in treatment (do not miss your appointments!), which insurers might use as evidence that you’re not seriously injured.

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How to Protect Your Claim From These Tactics

One of the most important steps after an accident is to seek medical care as soon as possible. Insurance companies look for gaps in treatment or delays in seeking care as evidence that your injuries are not as serious as you claim.

Why This Matters:

Protects your health – As the top priority, it helps ensure your health and wellness. Some injuries, such as concussions or internal damage, may not be immediately obvious.
Creates a medical record – A doctor’s evaluation serves as evidence that your injuries were caused by the accident.
Prevents claim denial – Insurers may argue that delayed treatment means your injuries were not severe or unrelated to the accident.

Pro Tip: Follow all medical advice, attend follow-up appointments, and keep copies of all medical bills, diagnoses, and treatment plans.

Insurance adjusters often offer a lowball settlement early in the claims process, hoping that you’ll accept it before understanding the full extent of your damages.

Common Mistakes to Avoid:

Accepting a quick offer without knowing your long-term medical costs.
Signing a settlement agreement that prevents you from pursuing additional compensation later.
Assuming the insurance company is offering you a fair deal.

What to Do Instead:

Assess your total damages, including medical bills, lost wages, and pain and suffering.
Consult a personal injury attorney before agreeing to any settlement.
Negotiate for a fair payout that covers current and future expenses (a skilled personal injury attorney will be able to do this on your behalf).

Pro Tip: Never feel pressured to accept an offer. Insurance companies prioritize their bottom line, not your best interest.

Insurance adjusters often request recorded statements under the pretense of speeding up your claim. However, the questions they ask can be manipulative, and the statements you provide can be used against you to reduce or deny your claim.

It’s best to avoid giving a recorded statement, if possible. If you give a recorded statement, be very careful. Avoid speculating or admitting any fault. Give brief answers and stick to the facts. It’s best to avoid giving a recorded statement without consulting with an attorney first.

What to Do Instead:

Politely decline to give a recorded statement.
Provide written responses if necessary and stick to the facts.
Let your attorney handle communications with the insurance company.

Pro Tip: If an insurance adjuster insists on a recorded statement, tell them you need to consult your lawyer first.

Having strong documentation is key to countering insurance company tactics and maximizing your claim. The more supporting evidence you have, the harder it is for insurers to deny or devalue your case.

What to Document:

Accident Reports – Police reports, incident details, and witness statements.
Medical Records – Diagnoses, treatments, prescriptions, and doctor notes.
Financial Losses – Medical bills, lost wages, and any out-of-pocket expenses.
Pain & Suffering – Keep a journal tracking physical pain, emotional distress, and impact on daily life.
Communication With Insurers – Save emails, letters, and phone call records with adjusters.

Pro Tip: The more organized and thorough you are, the stronger your case will be when negotiating a fair settlement. A skilled attorney will be effective at this!

Insurance companies actively monitor social media accounts to find reasons to challenge injury claims. Even innocent posts can be taken out of context to undermine your case.

How Social Media Can Hurt Your Claim:

Posting activity that contradicts your injuries or suffering – A simple photo of you smiling at an event could be used to argue that you’re not in pain.
Checking in at locations – If you claim limited mobility but check in at a gym, it could be used against you.
Discussing your claim online – Insurance adjusters can use comments, photos, and updates to dispute your injuries.

How to Protect Yourself:

Set all accounts to private, but remember that insurers may still find ways to access your content.
Do not post about your accident, injuries, or legal case.
Ask friends and family not to tag you in posts or photos related to physical activities or social events.

Pro Tip: When in doubt, don’t post. The safest approach is to avoid social media entirely while your claim is ongoing.

Insurance companies have teams of lawyers working to reduce your payout. So why go up against them alone?

Having a personal injury attorney on your side levels the playing field and greatly improves your chances of successfully securing maximum compensation.

How an Attorney Helps Your Claim:

Handles all communication with the insurance company, preventing adjusters from tricking you into mistakes.
Negotiates a fair settlement, helping ensure you receive compensation for medical bills, lost wages, and pain and suffering.
Gathers and presents strong evidence, making it difficult for insurers to dispute your case.
Takes your case to court if necessary.

Pro Tip: Braker White personal injury attorneys offer free consultations and work on a contingency fee basis—meaning you don’t pay anything unless we win your case.

What to Do If Your Claim Has Been Denied

If your injury claim has been denied by the insurance company, it doesn’t mean the end of your case. Insurance companies often deny claims unfairly, hoping that victims will give up rather than fight for the compensation they may deserve.

The good news is you have options to challenge the denial and pursue the settlement you may be entitled to.

Follow these steps to appeal a denied claim:

Review the denial letter carefully
Gather additional evidence to strengthen your claim
File an official appeal with the insurance company
Consider filing a complaint against the insurance company
Hire a personal injury lawyer to challenge the claim denial
File a lawsuit for bad-faith insurance practices (if necessary)

Our attorneys will be able to handle these tasks on your behalf. So, if your injury claim has been denied, contact us for a free case review. There is no charge to you unless we win your case, so there is no risk to getting our professional help.

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Frequently Asked Questions

Insurance companies will use tactics like delaying the claims process, offering lowball settlements, disputing liability, misrepresenting policy terms, and monitoring social media activity to undermine claims and reduce payouts.

Keep detailed records of all communications, deadlines, and document requests. If delays persist, consult a personal injury attorney who can push the insurer to act in good faith and prevent unnecessary stalling.

No. The first settlement offer is usually far below what you may be entitled to and may not cover future medical expenses, lost wages, or pain and suffering. Always have an attorney review the offer before accepting.

Yes. Insurance adjusters twist recorded statements to downplay injuries, create inconsistencies, or assign blame. Never give a recorded statement without consulting an attorney first.

When speaking with an insurance adjuster, avoid saying anything that could hurt your claim.

Here’s what not to say:

“I’m fine” or “I feel okay.” This can be used to downplay your injuries. Instead, say you’re seeking medical treatment.
“It was my fault” or “I could have avoided the accident.” Never admit fault, even casually. Liability is determined through investigation, not personal opinions.
“I don’t remember exactly what happened.” This could make it seem like you’re unreliable or changing your story. Stick to facts and avoid speculation.
“You have my permission to access all my medical records.” Only provide records relevant to your injury. Giving full access may allow them to dig up unrelated pre-existing conditions to dispute your claim.

Keep your responses brief, factual, and to the point. When in doubt, refer the adjuster to your attorney.

If your injury claim is denied, you have the right to appeal the denial, provide additional evidence, file a complaint, or take legal action against bad-faith insurance practices. A personal injury attorney can handle this process for you and fight for the compensation you may deserve.

An attorney can negotiate with the insurance company, gather evidence, handle paperwork, and take legal action if needed, fighting for the maximum compensation for your injuries. At Braker White, we work on a contingency fee basis, meaning you pay nothing unless we win your case.