What Defenses Do Insurance Companies Use To Avoid Paying Out On Claims?

Insurance companies will try to delay and avoid paying for damages on claims by using any angle to frustrate the client, trying to assign blame to you and deflect attention from the wrong actions of the other party. The defense and insurance companies will use anything to break you down. They want to get the client frustrated to the point where they no longer wish to pursue their claim and simply take a low settlement offer. Litigious lawyers and big corporation insurance companies are going to attack and point out everything that the person filing a claim did not do, as well as criticize the course of conduct that they took.

For instance, if you see a doctor every single day, they’re going to point out that you’re running up a medical bill solely to inflate your case. On the other hand, if you did not regularly see a doctor or follow up on appointments, they will argue that the injuries sustained are not as grave or severe to require a liability claim payout.

How Does The Process Of Negotiations Between My Attorney And The Insurance Generally Flow?

Most people do not know how the process works and usually take the first offer given to them by the insurance companies. The first offer should never be accepted. Insurance companies are going to try to get your signature on the dotted line, which benefits them and not you.

Hiring a skilled personal injury attorney is essential. Your lawyer is going to work with the defense attorneys and the insurance adjusters on your behalf and find the right solution. There might be a lot of back and forth between the parties, but your attorney will have your best interest. Your attorney will review the case, then wait for the defense to adjust their counteroffer. Frequently, the new counter offer is only a small increase of funds, when as the client, you’re expecting several thousands of dollars or tens of thousands of dollars, but arguments on both sides will continue. The defense will come back and restructure and criticize your claim for as long as they can, and will try to convince you that you’re receiving a reasonable settlement. Eventually, an acceptable resolution can be reached, and if you are satisfied with the financial outcome of the case then a settlement agreement will be signed. In the alternative, the case will proceed to litigation.

Do Insurance Companies Generally Offer A Higher Settlement Amount If An Attorney Is Present?

Yes. You can usually get a better settlement if an attorney is present. Insurance companies do not want you to speak to an attorney. Insurance companies and defense attorneys will try to negotiate an agreement with the person initiating the claim before they involve an attorney on their behalf.  They will entice you with an immediate offer and convince you that you do not want to pay a portion of your settlement to an attorney. If the initial contact from the others sides insurance company tells you not to seek an attorney, it means that you have a case against them, and hiring an attorney will benefit your claim.

A knowledgeable attorney knows how to get you a better settlement. You need someone who can evaluate your claim, weigh the pros and cons, and acknowledge the strengths and weaknesses of your case. The right attorney can articulate the positive aspects of your case to the insurance company and get them to move the decimal point in your favor.

For more information on Defenses Used By Insurance Companies, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (603) 880-1300 today.