When insurers are faced with an injury claim, they often rely on numerous tactics to delay, deny, or minimize the amount of payable damages. Below, we explain three of the tactics commonly used by insurance companies to fight against personal injury claims.
One approach often used by insurance companies is to argue that the defendant had no “duty of care” towards the plaintiff. To establish liability, it has to be proven that the defendant’s negligent actions caused the accident and injury. This is established by showing that the defendant owed a duty of care to the plaintiff. Typically, insurers will argue that the plaintiff knowingly engaged in risky behavior, thus the plaintiff assumed the risk of any injury.
Other times, the insurance company will point to ways the plaintiff might have contributed to their injury. This is usually accomplished by demonstrating negligent behavior like failing to get proper medical treatment.
Sometimes your own insurance company will attempt to limit their financial obligations when you make an injury claim under your policy. Even though you are their customer, it’s important that you state your claim as if you’re dealing with someone else’s insurance company. Why? Insurance companies will often use the language of your policy to avoid compensation. Just because the insurance company insists an exclusion is applicable doesn’t necessarily make it so. Read your policy thoroughly and consider legal assistance if you need help showing your claim is not barred by the policy’s exceptions.
Minimizing the Severity of Your Injury
Often, insurers will seek evidence that contradicts the extent of your accident or injuries. This is usually accomplished by hiring an expert medical doctor to perform an “independent medical examination” of the injured person. As you might expect, these hired professionals frequently conclude that the injuries were not as severe as initially claimed. Another common tactic is to claim your injuries occurred prior to the accident. Insurance companies will sometimes look through medical records for any previous treatments that might apply to your injury symptoms.
Have you or a loved one recently been injured? Contact our Worcester personal injury attorney, or call (508) 926-8833 to find out how we can help with your injury claim.