Being involved in a car accident is a traumatic and overwhelming experience. In these moments, you might assume that the other driver’s insurance will cover your damages. This assumption may lead you to question whether hiring a personal injury attorney is necessary. After all, isn’t that what insurance is for? 

The reality is that insurance companies prioritize their own interests over yours. Insurance companies aim to save money and will often go to great lengths to avoid paying you the full value of your damages.  

Here are some common tricks insurance companies use to prevent you from receiving full value for your injuries. 

Offer Early Settlement 

Once you file a claim, an insurance adjuster will begin an investigation to determine who is at fault and the value of your damages. Then, the insurance company will contact you with an initial offer, often much lower than you deserve. They might suggest that accepting this settlement will get you paid faster. 

While receiving a settlement amount quickly may seem appealing, accepting this initial offer means closing your case permanently. If your injuries persist or worsen, you won’t be able to seek additional compensation. 

After a car accident, it’s common for injuries to progress and become more apparent overtime. You may not fully realize the extent of your injuries until you have been examined by multiple doctors, received an MRI, and consulted with specialists. Settling too early means accepting an amount without knowing what type of care you’ll need in the future. 

Befriend You 

After an accident, you may be experiencing pain and juggling a range of emotions. Insurance companies deal with these emotions daily. They might initially act like your friend, even showing sympathy to convince you they’re on your side. 

However, your health and well-being are not typically the insurance company’s main concern. They know that you are in an emotional state and may use that to manipulate you, exploiting your vulnerability to save their company money. Don’t fall for it. 

Record You 

If you’ve ever called an insurance company, you’ve heard the famous words, “This call may be recorded for quality assurance and training purposes.” They immediately inform you that they will record everything you say, but they fail to mention that they can also use the recording against you when settling your claim. 

They could even make a friendly remark to you and say, “I hope you are feeling okay,” to which you respond, “I will be fine.” This recorded conversation can later be used against you, with the insurance company arguing, “Their injuries can’t be too severe; they said they’ll be fine.”  

To be clear, you never have to speak to the opposing insurance company for any reason. You’re under no legal obligation to provide a recorded statement. A personal injury attorney can help you draft a written statement and handle all further communication. 

Delay Communication 

A common tactic used by insurance companies is to delay communication. They believe the longer they dodge your phone calls, the more frustrated you become. If they make it difficult for you to contact them regarding the accident or compensation, you’re more likely to accept their initial offer once you finally hear from them. 

You may file your claim in a timely manner, but the insurance company can drag it out past the statute of limitations. In Texas, a crash victim has two years to file a lawsuit. You may think that your case is being taken care of, but insurance companies could delay cases past the statute of limitations, leaving you with no other option but to settle.  

Personal injury attorneys are trained to put pressure on the insurance company to demand a response. Insurance companies are quicker to respond to an attorney rather than an individual because they want to avoid litigation. 

Shift the Blame 

Insurance adjusters might attempt to shift the blame onto you, using your own words against you. They may ask leading questions to get you to admit partial fault, which can greatly reduce the amount they have to pay. 

Odds are, you won’t realize you said anything wrong. After an accident, shock and confusion are typical. The adrenaline from the situation may have caused you to forget certain details of the accident or confuse your timeline. If the insurance company asks you for details of the accident, it is best not to say anything at all. Simply saying, “I don’t remember,” could be used to discredit you as a reliable witness. 

Spy on You 

Did you know it’s legal for insurance companies to spy on you? They can and do. Many insurance companies have private investigators on retainers to follow crash victims. The private investigators can track you, take surveillance photos, and record you living your everyday life. If you go to the gym for light exercise or take your dog for a walk, they can use this as evidence to refute your injuries.  

They can even use your own photos and footage against you. Insurance companies may watch your social media to try and catch you doing something that may contradict your claims. If you post a photo to Facebook holding your child or a TikTok of you doing a trendy dance, they might argue that someone with extensive injuries wouldn’t be doing those things. 

Use Your Medical Records 

If the insurance company requests your medical records, you may not think much of it. After all, you’re asking them to pay for medical treatment related to the accident. However, insurance companies don’t request this to cover your medical bills. They want access to your entire medical history to find any reason to deny your claim. The only documentation they need is records of treatment regarding the accident. 

An insurance adjuster cannot access your medical records without your permission, so be cautious of the documents you sign. You could give them permission to search into your entire medical history. If you had a sprain in your wrist 20 years ago, they might claim that your current soreness is due to the old injury.  

Claim You Don’t Need an Attorney 

In the beginning stages of your claim, the insurance company will probably tell you that you don’t need an attorney. They may try assuring you that you’ll be able to reach a settlement and hiring an attorney would be a waste of time and money. Oddly enough, that insurance company is represented by its own team of lawyers. 

If the insurance company has a team of lawyers to back them, why shouldn’t you? The average person doesn’t know every law off-hand. Without legal representation, the insurance company could easily manipulate you into believing things that aren’t true. 

Having a qualified personal injury attorney to represent you is your best bet in receiving full value for your injuries. Research shows that if you hire an attorney and win your case, you are likely to see 3.5x more than you would representing yourself. Even if you lose your case, if you’ve hired a personal injury attorney that works on a contingency fee basis, you won’t owe them anything for their time. 

If you have been injured in a car accident, don’t get screwed by big insurance. Hire a qualified personal injury attorney to fight for you.