Insurance companies may not always be straightforward. Learn to spot the signs of deceptive adjuster tactics.
Being in an accident in Fort Worth is stressful enough. You’re likely dealing with injuries, vehicle damage, and emotional shock. The last thing you need is to feel pressured or outmaneuvered by an insurance adjuster whose primary goal is often to minimize the payout for their company.
At HLAW, we’ve seen firsthand how insurance companies operate. While not all adjusters are intentionally difficult, they are trained to protect their employer’s bottom line. Understanding their common tactics can empower you to protect your rights and ensure you’re not settling for less than you deserve.
Here are five common tactics insurance adjusters use that Fort Worth accident victims should be aware of:
1. Pressuring for a Quick Recorded Statement
What it is: Soon after your accident, sometimes within hours, an adjuster from the at-fault party’s insurance (or even your own, in some cases) may call asking for a recorded statement about what happened. They might sound friendly and suggest it’s just a routine part of the process.
Why it’s risky:
- You may be flustered or in pain: Right after an accident, you might not have all the facts straight, or you could be on medication or still processing the trauma.
- Statements can be twisted: Innocent remarks or slight inaccuracies can be taken out of context and used later to question your credibility or downplay your injuries.
- You might not know the full extent of your injuries: Some injuries, like whiplash or internal issues, may not be immediately apparent. A statement given too early might not reflect the true impact of the accident.
What to do:
- You are generally not obligated to provide an immediate recorded statement, especially to the other driver’s insurance company.
- You can politely decline or state that you’d prefer to give a statement once you’ve had medical attention and had a chance to gather your thoughts.
- It’s always wise to consult with a personal injury attorney before providing any recorded statement. Your attorney can advise you or even handle the communication.
2. Requesting Broad Medical Authorizations
What it is: The adjuster may send you forms that authorize them to access your entire medical history, not just the records directly related to the accident. They might present this as a necessary step to verify your injuries.
Why it’s risky:
- Insurance companies may dig through your past medical records hoping to find pre-existing conditions or unrelated injuries they can use to argue that your current pain isn’t solely due to the accident. This is a common way they try to devalue your claim.
What to do:
- Be very cautious about signing broad medical release forms.
- Ideally, only medical records relevant to the injuries sustained in the current accident should be provided.
- An experienced attorney can help ensure that only necessary medical information is released and can fight back if the insurer tries to use unrelated history against you.
3. Offering a Quick, Lowball Settlement
What it is: The adjuster might offer you a settlement very quickly, sometimes even before you know the full extent of your injuries or the total cost of your damages (medical bills, lost wages, vehicle repair, etc.). They might frame it as a “good faith” offer to help you out quickly.
Why it’s risky:
- Initial offers are often far less than the true value of your claim. Adjusters know that accident victims can be under financial pressure and might be tempted to take any money offered.
- Once you accept a settlement and sign a release, you generally cannot seek further compensation for that accident, even if your injuries turn out to be more severe or require more extensive treatment than initially anticipated.
What to do:
- Never feel pressured to accept an on-the-spot settlement.
- Wait until you have a clear understanding of all your damages, including future medical needs and lost earning capacity.
- It is highly recommended to have any settlement offer reviewed by a qualified Fort Worth personal injury attorney before you sign anything.
4. Disputing Liability or Downplaying Your Injuries
What it is: Even if the other party was clearly at fault, the adjuster might try to shift some of the blame to you. In Texas, which follows a “proportionate responsibility” rule (also known as modified comparative fault), if you are found partially at fault, your compensation can be reduced. If you’re found 51% or more at fault, you may recover nothing. Adjusters may also try to minimize the severity of your injuries, suggesting you’re not hurt as badly as you claim.
Why it’s risky:
- Unfairly assigning you fault directly reduces the amount of compensation you can receive.
- Downplaying injuries can lead to an inadequate settlement that doesn’t cover your actual medical expenses and suffering.
What to do:
- Do not get into an argument about fault with the adjuster.
- Stick to the facts as you know them.
- Preserve all evidence from the accident, including police reports, photos, witness information, and detailed medical records. An attorney can help build a strong case to prove liability and the full extent of your injuries.
5. Employing Delaying Tactics or Becoming Unresponsive
What it is: Sometimes, an adjuster might drag out the claim process by being slow to return calls, requesting redundant information, or unnecessarily delaying decisions.
Why it’s risky:
- Delays can put immense financial and emotional strain on you, especially if you’re out of work and medical bills are piling up.
- Some insurers hope that by delaying, you’ll become frustrated and accept a lower settlement than you deserve, or even give up on your claim.
- Important deadlines, like the statute of limitations (the time limit to file a lawsuit), continue to run.
What to do:
- Keep detailed records of all your communications with the insurance company, including dates, times, names, and what was discussed.
- Send important communications in writing (e.g., certified mail) to create a paper trail.
- If you feel your claim is being unfairly delayed, an attorney can intervene, manage communications, and ensure your claim is progressing appropriately, taking legal action if necessary.
You Don’t Have to Face Them Alone
Dealing with insurance adjusters can be daunting, but knowledge is power (read our full guide on personal injury claims here). Recognizing these common tactics is the first step in protecting your interests. Remember, insurance companies are businesses with a primary responsibility to their shareholders, not necessarily to you as a claimant.
If you’ve been injured in an accident in Fort Worth or the surrounding areas and are concerned about dealing with insurance companies, the experienced team at HLAW is here to help. We understand their tactics and are dedicated to fighting for the fair compensation you deserve.
