So How Will the Insurance Company
Try to Avoid Paying Me?
Try to Avoid Paying Me?
Insurance companies will always try to avoid paying your claim by assuming you don’t know your rights or how to properly value your claim… and most of the time, they’re right. At Texas Car Accidents, we strongly recommend having proper legal representation to combat insurance companies who know their stuff and will fight not to pay you. Here are the top ways they will go about doing that.
“You Don’t Need a Lawyer”
The Number One goal of insurance companies is to get a settlement agreement from you before you have legal representation. They’ll tell you right away “you don’t need a lawyer” because they know that a law firm specializing in car accidents knows how to fight for you and lawfully demand every cent that you are entitled to for injuries, treatment, and additional compensation. There are many different damages you can pursue in your case, and insurance companies don’t want you to know your options so they can avoid paying you your full case value. Even if you can recite this website by heart, having a lawyer on your side instantly changes the game for insurance companies, as they are far less likely to deny liability or offer under-valued settlements. Insurance companies want you to fight your battle alone—don’t play into their hands. Get a good lawyer and get every dollar you’re entitled to.
A Fast Call With Fast Money
Especially after a bad accident, the insurance company wants to settle with you sooner rather than later. They know that the more time goes by, the more likely you are to accumulate expensive medical bills and thereby increase the value of your case. Generally, if they know you have a substantial case, they’ll call you right away with money on the table to close out your case. That offer may seem generous at first, but some quick math usually shows that just a couple visits to a doctor can swallow it up. The insurance company will do their best to save paying you your full case value and have you make concessions to close the case before you even think about getting a lawyer involved.
Insurance companies know that some people just won’t fight back. At times, they will completely deny liability even when they know you have enough evidence to receive compensation. This is just to test the waters on how much you’re willing to push back for your claim or whether you (or your attorney) can show the proper evidence for your right to compensation. It’s very common for them to say “There’s no case here for a payout” but then change their decision after a fight and presentation of evidence. It’s just a dirty trick they don’t plan on going through with unless you let them.
Deny Medical Bills
In the Injury section of this website we discuss specific doctors and types of treatment that are considered reasonable and customary according to the law when dealing with a Texas car accident. If you don’t get proper treatment backed by Texas Law, insurance companies may deny bills or certain parts of your bill and leave you holding the rest of it. This is another area where we strongly recommend having an experienced car accident attorney who knows what treatment falls under compliance with the law so you can be fully compensated, work with doctors who are trained in accident injuries, and receive the treatment you need. Insurance companies are looking for any reason to deny payments… don’t give them low-hanging fruit like ineligible medical bills.
“Minor Impact Accidents Don’t Cause Injuries”
Insurance companies love telling accident victims that they aren’t paying for any medical bills related to their accident because the accident was minor. This is called “unfounded causation,” in Texas, but insurance companies will still say it because they know some people will assume they’re telling the truth and won’t seek treatment. You need to fight back if you hear this statement. Especially if you get an attorney involved, the insurance companies will generally retract that statement or claim they never said it. Never take what the insurance company says about your treatment at face value. They don’t have your best interests in mind.
“We’re Not Covering Pre-Existing Injuries”
Of course it’s possible that you had a pre-existing injury or ailment before your car accident, but that doesn’t mean that injury wasn’t aggravated or made worse. You may have had an injury that your doctor recommended not having surgery for, but because of the accident that opinion has changed. The at-fault driver’s insurance company becomes responsible for the damages at that time, but insurance companies will often claim that they aren’t liable anyway. You or your lawyer need to be equipped to fight this response so that you get the compensation you’re entitled to.
Asking for a Recorded Statement
It’s common to give a recorded statement after being in a car accident… it’s also common for insurance adjusters to take advantage of it. For example, they may ask you the same question in several different ways to try and get a contradictory statement so they can discredit you and deny liability. They’ll also try to ask you questions about your health that they’ll use to hold against you later, because they know that not all injuries present symptoms right away. In short, you should always talk to your lawyer before giving a recorded statement. Some firms will even advise you not to give one at all… it just depends on your specific case.
Signing a Medical Authorization
Insurance companies are very limited to the conversations they can have with your doctors about your injuries because they are restricted from viewing your medical records. To get around this, they may ask you to sign a medical authorization (known as a HIPAA form) so they can legally have access to your medical documents and history. Do not ever sign a HIPAA form for an insurance company. They’re looking for whatever information they can to devalue your case. You need to complete your treatment and then you (or your attorney) can provide all relevant records at the end… don’t authorize anyone to speak to your doctors beside you and your legal representation.
Insurance companies love to hold car accident victims responsible wherever they can-- because if it’s your fault, they don’t have to pay you. Even in instances where the other driver is clearly at fault, they will still deceptively tell you why they believe you are partially at fault. This is an extremely common tactic, especially if they know you don’t have an attorney who is experienced at pushing back at this type of legal manipulation. If you’re not armed with the answers to put the insurance company in its place, you can devalue your case by 10, 20, or even 40 percent of its actual value. And the longer you wait to fight back, the more disadvantaged you are.