Dealing with Insurance Companies' Dirty Tricks and Tactics

The insurance company and its adjusters (the professional who investigates claims and determines if and how much an insurance company should pay for damages or injuries) are not your friends. Insurance companies are not out to offer you fair compensation; on the contrary, they're focused on undervaluing your claim to save themselves as much money as possible. To do this, they resort to some dirty tricks and tactics, and here are a few that you should be aware of:

Spying on Your Social Network Accounts

The opposing party can subpoena material on your social media accounts and use it against you in court. Your best bet is to suspend your social media accounts until your settlement check is in your hand. If you absolutely must use social media, tighten your security settings and don’t accept friend requests from people you don’t know.

Denying Your Medical Claims Based on Their Own “Expertise”

Insurance adjusters are not doctors, and they lack the expertise to make medical decisions about your case. They have no business, for example, telling you that you didn’t really need that eye surgery.

Playing the Blame Game

Under California’s comparative negligence system, you can lose damages even if the accident was mostly the other party’s fault. If you were 10% responsible, for example, you can lose 10% of your damages.

The insurance company may try to use this system to “nickel and dime you to death” with a series of small objections to your list of damages. They might even try to blame you for 100% of the accident.

Asking You To Provide a Recorded Statement

Don’t fall for this one. They will ask you trick questions and use them against you later. ”How are you?” “I’m fine.” “You’re fine? But aren’t you claiming to be seriously injured? How can you be fine?” That’s how careful you have to be when giving a recorded statement.

Misrepresenting the Scope of Coverage

It isn’t difficult for an insurance adjuster to deliberately misinterpret the language of an insurance policy written in “legalese” to unfairly exclude your injuries or the accident itself from the scope of coverage. If you suspect that the insurance company is trying to pull this trick, you’re probably right. Very few insurance companies will dare try such tactics on a skilled personal injury lawyer.

Asking for Unlimited Access to Your Medical Records

Don’t sign anything giving the insurance company full access to your entire medical history. You might have to provide them with medical records concerning the accident, but you probably don’t have to give medical records for any time prior to the accident. If you do, they can search for something, such as an old back injury, that they can claim is a “pre-existing injury.” In a worst-case scenario, this argument could deprive you of all compensation.

Refusing To Take Your Non-Economic Damages Claims Seriously

In California, non-economic damages might include:

• Emotional distress;

• Pain and suffering;

• Loss of enjoyment of life;

• Loss of consortium;

• Diminished quality of life; and

• Permanent disfigurement.

This list is not necessarily exhaustive. Non-economic damages are intangible, but they could amount to well over half the value of your claim. Nevertheless, the insurance company might use the intangible nature of these damages to dismiss them.

Hiring a Private Detective To Spy on You

This will only happen if your claim is large. Their investigator might watch you from a parked car or take photos of you without your knowledge. Don’t do anything in public that might raise doubts about the validity of your claim.

Sending You an Unsolicited Settlement Check

If you cash an unsolicited settlement check, assuming that it is simply the first installment, you could be setting yourself up for an unpleasant surprise later. Even a court might treat it as a full settlement of your claim. This won’t happen if you don’t cash the check.

Advising You Not to Hire a Lawyer

Taking this advice could be the biggest mistake you can make. The reason is that a good lawyer can protect you against every insurance company trick except “Don’t hire a lawyer.”

Fighting Back: Insurance Bad Faith Claims

If the insurance company tries to take advantage of you, you might have an insurance bad faith claim. If you win an insurance bad faith claim, it will be added to your insurance claim so that you might obtain a double recovery.

Fight Smart: Hire a Los Angeles Personal Injury Lawyer

If you decide you need a Los Angeles personal injury attorney, act promptly. Evidence grows cold over time–witnesses’ memories fade, people move out of state, and physical evidence deteriorates. Don’t wait until the statute of limitations deadline is looming to start pressing your claim.

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