How Insurance Adjusters Undervalue Injury Claims and What You Can Do 

It's common to experience frustration or hardship after suffering an injury, particularly when insurance companies attempt to undervalue legitimate claims. While insurance adjusters often undervalue claims to protect their bottom line, doing so can often leave accident victims with physical, emotional, and financial struggles. 

If you are dealing with an insurance adjuster who seems intent on minimizing your compensation, you don't have to face those challenges alone. At the Law Office of Steven R. Smith, located in Garden City, New York, we advocate for our clients' best interests and are skilled in negotiating with insurance companies to fight for the compensation you need.  

Our experienced personal injury attorney can help you identify how insurance adjusters may try to undervalue your injury claim and the steps you should take to protect your rights.  

Common Tactics Insurance Adjusters Use to Undervalue Personal Injury Claims

Insurance adjusters are trained professionals whose primary job is to minimize your payout amount while still resolving your claim. It is vital to understand that while they may appear to be on your side, they ultimately work for the insurance company, not for you.

Some of the more common strategies insurance adjusters may use to reduce or deny your injury claim include: 

Questioning Your Liability 

Insurance adjusters may attempt to dispute who is at fault for your injury, as establishing liability is a critical part of any personal injury claim. By casting doubt on the other party’s responsibility, they can justify offering a lower settlement. They might argue that you were partially to blame for the accident or highlight inconsistencies in witness statements to undermine your case. 

Downplaying the Severity of Your Injuries 

Insurance companies will often scrutinize your medical records closely, seeking any opportunity to downplay the extent of injuries. They may argue that your injuries were pre-existing or that they are less severe than you claim. For example, they might claim that your treatments were unnecessary or that your recovery time should be shorter to reduce your compensation. 

Pressuring You to Settle Quickly 

Adjusters are well aware that victims often face mounting medical bills, lost income, and financial stress after an accident. They typically take advantage of this by offering a swift settlement that seems appealing in the short term but fails to cover your long-term needs. Once you accept an offer, you typically waive the right to pursue additional compensation, even if new injuries or expenses arise. 

Using Recorded Statements Against You 

After you file your claim, an adjuster may request a recorded statement about the accident. While this might seem like a simple procedural step, your words could be used to undermine your case. For instance, if you inadvertently downplay your injuries or describe events in a way that appears inconsistent, they might use your statement as evidence to deny or undervalue your claim. 

Disputing Your Medical Treatment Costs 

Insurance adjusters may seek to lower your settlement value by disputing the cost of your medical treatments. They may argue that certain procedures were excessively expensive or that treatments were not directly related to your injury. This is often done in coordination with the insurance company's in-house medical advisors. 

Steps You Can Take to Protect Your Rights

While insurance adjusters may possess considerable experience and resources, there are several ways you can protect yourself and make sure that your claim is valued fairly. While the specific steps you take may vary depending on your injury or the type of accident, the general steps you should take to protect your right to compensation include the following: 

• Collect comprehensive documentation: Document the accident thoroughly, including photographs of the scene, witness contact information, and any property damage. Additionally, keep copies of all medical bills, treatment plans, and doctors’ notes outlining the severity of your injuries and your recovery process. This evidence provides a clear narrative to counter the adjuster's arguments. 

• Avoid giving recorded statements without legal counsel: Never provide a recorded statement to an insurance adjuster without speaking to an attorney first. While adjusters may frame this as a routine part of the process, an experienced attorney can guide you on what to say (and what not to say) to avoid inadvertently weakening your case. 

• Understand the full value of your claim: Understand the full scope of damages you are entitled to recover in an injury claim. Aside from medical expenses and lost wages, you may also be eligible for compensation for pain and suffering, emotional distress, and loss of future earning capacity. Consulting with an experienced personal injury attorney can help you identify and calculate these less obvious aspects of your claim. 

• Avoid accepting early settlement offers: Do not rush into accepting the initial settlement offer presented by an insurance adjuster. These offers are often significantly lower than what you may be entitled to receive. Consult with your attorney to review the offer and assess whether it adequately addresses both your current and future needs. 

• Consult an experienced attorney: The most effective way to counter insurance adjuster tactics is to have a skilled legal advocate on your side. An attorney understands insurance company strategies and can negotiate on your behalf to achieve a fair settlement. If necessary, they can also take your case to court to ensure your rights are fully protected.  

Experienced Personal Injury Attorney in New York

At the Law Office of Steven R. Smith, we know how daunting it can be to face a powerful insurance company alone. Our experienced attorney has a proven track record of successfully handling personal injury claims and holding insurance companies accountable. From negotiating with adjusters to representing you in court if a fair settlement cannot be reached, we are here to guide you every step of the way. 

If you believe your injury claim is being undervalued or unfairly denied, do not wait to take action. Contact us today to schedule a free consultation, and let us fight to secure the compensation you deserve. From our office in Garden City, New York, we are proud to serve clients across New York, including Long Island, Hempstead, Westbury, Queens, Hicksville, and Mineola.