Tactics Insurance Companies Use to Deny Car Accident Claims

On average, individuals pay over $1,500 annually per vehicle on full coverage auto insurance. When you have been injured in a car accident and file a claim, you expect the insurance company to act fairly and honor their responsibility. Unfortunately, while insurance companies market themselves as protectors of the insured, their ultimate goal is to minimize payouts. 

If you or a loved one has been injured in a car accident, our personal injury lawyers can help you seek the compensation you need. Call Johnston Personal Injury Law Firm or complete our contact form to schedule a free consultation. 

Our car crash attorneys have seen firsthand the tactics insurance companies use to deny car accident claims. In this article, we’ll break down some of the common techniques insurers use to deny claims and how a skilled personal injury lawyer can level the playing field.

1. Delaying the Process

One of the most frustrating tactics used by insurance companies is deliberately delaying the claims process. 

Actions the insurance company might take to delay your claim include:

• Taking weeks or months to respond to your calls
• Requesting unnecessary paperwork 
• Failing to act on your claim promptly

The goal is to wear you down, hoping you’ll become desperate and settle for less than you deserve — or even abandon your insurance claim altogether. You can help combat this by keeping detailed records of all your communications with the insurance company. 

Document the dates, times, and names of insurance representatives you speak with. If you want to expedite the process, contact a personal injury lawyer who can push for quicker resolutions. 

2. Questioning the Severity of Your Injuries

Another common tactic is downplaying the severity of your injuries or suggesting that they were pre-existing. Insurance companies may suggest your injuries aren’t as serious as you claim or argue that they resulted from a condition you had before the accident. For example, an insurance adjuster might argue that your back pain stems from a prior injury rather than the motor vehicle accident in question. 

The following are some ways to counter insurance companies questioning the severity of your injuries:

• Seek immediate medical attention after the car accident and follow all treatment recommendations
• Keep detailed medical records, including doctor’s notes and diagnostic test results
• Avoid signing medical release forms without consulting a personal injury attorney, as insurance adjusters use these forms to search for unrelated medical conditions they can use to discredit your claim

3. Offering a Lowball Settlement

The insurance company may present an initial settlement offer that is far below the true value of your claim. They hope you’ll accept this low amount out of financial desperation. While this might be tempting if you are facing astronomical medical bills or lost wages from missing work, we recommend never accepting a settlement offer without first consulting a car accident lawyer. 

A lawyer can calculate the full extent of your damages, including:

• Medical expenses
• Property damage
• Lost earnings
• Pain and suffering

4. Denying Without Explanation

Sometimes insurance companies outright deny car accident claims without providing a clear reason. This strategy is intended to discourage you from pursuing further action. Many people assume that if an insurance company denies their claim, there’s nothing they can do. 

Do the following if your claim is denied without explanation:

• Request a written explanation of the denial
• Review your policy to ensure the insurance company is upholding its obligations
• Consult a personal injury lawyer to determine whether the denial is wrongful and what legal steps you can take

Keep in mind that insurance companies are required by law to provide a valid reason for a denial if requested. Additionally, a wrongful denial can often be challenged through an appeal or legal action — never assume that a denial is final. 

5. Shifting Blame

An insurance company may argue that their policyholder is not at fault or that you share a significant portion of the blame. This tactic can reduce or eliminate the compensation you receive.

The State of Oregon follows a modified comparative negligence rule. This means the amount of compensation you receive is reduced by your degree of fault. For example, if you are in a car accident and the insurance company claims you were partially responsible for speeding, they may argue that your compensation should be reduced accordingly. 

A lawyer can counter the insurer’s attempts to shift blame on you by gathering evidence to establish fault, such as:

• Police reports
• Witness statements
• Photos of the accident scene
• Cell phone records
• Medical records
• Toxicologist reports
• Dashcam footage

6. Using Your Statements Against You

Another way insurance companies deny car accident claims is by taking your words out of context. Insurance adjusters do this by getting a recorded statement from you. 

Insurance adjusters may contact you shortly after a car accident and ask for a recorded statement. They might say this is a routine part of the claims process. However, in reality, they are looking for any inconsistencies or statements they can use against you. 

For example, the insurance adjuster might ask, “How are you feeling?” If you say, “I’m fine,” or “I feel okay,” the adjuster may use your response to argue that you weren’t actually injured. Additionally, if you make a vague or unclear statement about the car accident, the adjuster might twist your words to make it seem like you were at fault. 

Take the following steps to avoid having your statements used against you:

1. Never admit fault, even if you think you may have been partially responsible
2. Keep your statements brief and stick to the facts
3. Avoid giving a recorded statement without contacting a personal injury lawyer 

7. Misinterpreting or Misrepresenting Your Policy

Insurance policies are full of complex legal language that can be difficult to understand. 

Insurance companies sometimes exploit this by:

• Claiming certain injuries or damages are not covered: An insurer may tell you that your policy doesn’t cover a particular type of injury or damage when, in reality, it does. They may also argue that exclusions apply.
• Disputing the definition of “medical necessity”: If you seek medical treatment after an accident, the insurance company may argue that certain treatments were not “medically necessary” and refuse to cover them.
• Underestimating the value of your claim: Even when they do agree to pay, the insurer may significantly undervalue your claim. One way insurers do this is by failing to account for future medical expenses and ongoing treatment. 

You can avoid having the insurance company take advantage of you in this way by reading your policy carefully and consulting a car accident attorney if you have any doubts. 

8. Using Social Media Monitoring to Undermine Your Insurance Claim

Insurance companies, at times, monitor claimants’ social media accounts to find evidence that could be used to discredit their injuries. Even seemingly harmless posts can be twisted to suggest that you are exaggerating or faking your injuries. 

As an example, if you post photos of yourself on vacation, you may be accused of being more physically active than you claim to be. As another example, “check-ins” at social events may be taken out of context to suggest you are not as injured as you say. 

Suggestions to protect yourself from social media scrutiny include:

• Adjusting your privacy settings to limit who can view your posts
• Avoiding discussing your injury, case, or activities on social media
• Advising friends and family not to tag you in posts or photos while your car accident case is ongoing
• Staying offline as much as possible to prevent insurers from misconstruing your activities

9. Misleading Communication

Insurance companies often use vague or deceptive language to create confusion and discourage claimants from pursuing full compensation. They know that many injury victims are unfamiliar with legal and insurance terminology, which makes them vulnerable to manipulation. 

The following are a few common misleading communication tactics:

• “You don’t need a lawyer.” Insurance adjusters may tell you that hiring a personal injury lawyer will only complicate matters, but the reality is that having legal representation increases your chances of securing fair compensation. 
• “This is our final offer.” Insurance companies may pressure you into accepting a low settlement by falsely claiming that it’s the best they can offer. 
• “We’ll handle everything for you.” While this may sound reassuring, it’s often a tactic to keep you from seeking legal advice and uncovering the true value of your claim. 

You can help protect yourself from this tactic by always getting everything in writing and not signing anything without legal review. 

10. Pressuring You to Settle Without Consulting an Attorney

The insurance adjuster may tell you that hiring a car accident lawyer will only complicate the process or reduce your payout. In reality, having legal representation usually increases the likelihood of a fair settlement. 

Keep the following in mind:

• Never rush into a settlement without first understanding your rights
• Consult a personal injury lawyer as soon as possible to assess your claim’s value
• Let your lawyer handle negotiations to ensure you receive fair compensation

Need Help With a Car Accident Claim? Contact Johnston Personal Injury Law Firm Today

Navigating a car accident claim can be challenging, especially when dealing with uncooperative insurance companies. Understanding their tactics is important to protecting your rights, but you don’t have to face insurers alone. You can maximize your chances of receiving fair compensation by having a car accident lawyer by your side. 

At Johnston Law Firm, we have extensive experience in dealing with insurance companies and securing fair compensation for our clients. We can handle the negotiations, gather evidence, and advocate for your rights so you can focus on your recovery.

If you have been harmed in a car accident, our Oregon personal injury lawyers are here to help. Contact Johnston Personal Injury Law Firm today to schedule a free consultation with our team.