When you’re injured in an accident in San Antonio, you might expect the insurance company to promptly and fairly compensate you for your injuries. Unfortunately, this isn’t always the case. Insurance companies are businesses focused on protecting their bottom line, which often means employing various defense tactics to minimize payouts or deny claims altogether.
Understanding these tactics can help you better navigate your personal injury claim and improve your chances of receiving fair compensation. Let’s explore the most common defense strategies insurance companies use against injury victims in San Antonio and how to counter them effectively.
Delaying the Claims Process
Insurance companies know that time is rarely on the side of the injured. Medical bills pile up quickly, and many accident victims face financial pressure, especially if their injuries prevent them from working.
How This Tactic Works:
Insurance adjusters might use several methods to extend the timeline of your claim:
- Requesting unnecessary documentation repeatedly
- Taking excessive time to respond to communications
- Transferring your case between multiple adjusters
- Extending investigations beyond reasonable timeframes
This deliberate slowdown creates financial strain, potentially forcing you to accept a lower settlement out of desperation.
How to Counter This Tactic:
Working with an experienced San Antonio personal injury attorney can help maintain momentum in your case. Your lawyer can set clear deadlines for responses, document all communications, and apply appropriate legal pressure when necessary to keep your claim moving forward.
Disputing Liability
One of the most common defense tactics is challenging who was actually at fault for the accident. Texas follows a modified comparative negligence rule, meaning your compensation can be reduced by your percentage of fault in the accident. If you’re found to be more than 50% responsible, you may be barred from recovering any damages.
How This Tactic Works:
Insurance companies might:
- Claim their policyholder wasn’t responsible for the accident
- Argue that you were primarily at fault
- Suggest that a third party was responsible
- Claim that no one was negligent and the incident was simply an accident
How to Counter This Tactic:
Gathering strong evidence immediately after your accident is crucial. This includes:
- Photos of the accident scene
- Witness statements
- Police reports
- Expert testimony when applicable
- Video footage if available
A thorough investigation conducted by your attorney can help establish clear liability and counter the insurance company’s attempts to shift blame.
Minimizing Your Injuries
Insurance companies frequently try to downplay the severity of injuries to reduce compensation. This is particularly common with injuries that don’t show up on imaging tests, such as soft tissue injuries, or with conditions like post-traumatic stress disorder.
How This Tactic Works:
Insurance adjusters might:
- Claim your injuries existed before the accident
- Suggest your injuries aren’t as severe as you claim
- Argue that your injuries were caused by something other than the accident
- Question why you didn’t seek immediate medical attention
They may also monitor your social media accounts looking for posts or photos that could contradict your injury claims.
How to Counter This Tactic:
Seek medical attention immediately after an accident, even if you feel your injuries are minor. Follow your doctor’s treatment plan precisely and attend all follow-up appointments. Keep detailed records of all medical treatments, medications, and how your injuries affect your daily life. Limiting social media activity during your claim can also prevent misinterpretations of your condition.
Using Surveillance Tactics
In high-value injury claims, insurance companies may invest in surveillance to try to disprove your injuries or show that you’ve exaggerated their severity.
How This Tactic Works:
Insurance companies might:
- Hire investigators to photograph or video you
- Monitor your social media accounts
- Interview neighbors or coworkers
- Check public records for any contradictory information
How to Counter This Tactic:
Be honest about your injuries and limitations. Follow medical advice consistently and be aware that your activities in public places might be observed. Consider adjusting privacy settings on social media accounts during your claim, and be cautious about what you share online.
Making Lowball Settlement Offers
Quick, low settlement offers are common, especially soon after an accident when victims might not yet understand the full extent of their injuries.
How This Tactic Works:
Insurance adjusters often contact victims shortly after an accident with a settlement offer that seems helpful in the moment but is far below what the claim is actually worth. They may pressure you to accept quickly, suggesting the offer could be withdrawn if not accepted promptly.
How to Counter This Tactic:
Never accept a settlement offer without consulting with an attorney first, especially early in your claim. A personal injury lawyer can accurately assess the true value of your claim, accounting for:
- Current and future medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Long-term care needs
Using Your Statements Against You
Insurance adjusters are trained to elicit statements from accident victims that can later be used to undermine their claims.
How This Tactic Works:
Adjusters often contact victims soon after an accident when they may be vulnerable, confused, or still under medical care. They ask questions designed to:
- Get you to accept partial responsibility
- Minimize the description of your injuries
- Create inconsistencies in your account of the accident
- Encourage statements that could limit your claim
How to Counter This Tactic:
Direct all communication with insurance companies through your attorney. If you must speak with an adjuster before hiring representation:
- Keep conversations brief and factual
- Don’t offer opinions or speculate
- Never provide recorded statements without legal counsel
- Don’t sign any documents without attorney review
- Avoid discussing the details of your injuries
Disputing Medical Treatment
Insurance companies frequently challenge the necessity of medical treatments to reduce the value of claims.
How This Tactic Works:
Insurers might argue that:
- Certain treatments were unnecessary or excessive
- Less expensive treatment options should have been pursued
- The treatment wasn’t related to accident injuries
- There were gaps in your medical treatment, suggesting the injuries weren’t serious
How to Counter This Tactic:
Follow your doctor’s recommendations precisely and attend all scheduled appointments. Keep detailed records of all treatments and why they were prescribed. If possible, have your healthcare provider document why specific treatments are necessary for your particular injuries.
Misrepresenting Insurance Policy Terms
Some insurance adjusters may misrepresent policy coverage or mislead claimants about their rights under Texas law.
How This Tactic Works:
Adjusters might:
- Claim certain damages aren’t covered when they are
- Misstate policy limits
- Suggest that you’re not entitled to compensation for certain losses
- Misrepresent deadlines or requirements for filing claims
How to Counter This Tactic:
Work with an attorney who can review the applicable insurance policies and explain your rights under Texas law. In San Antonio, personal injury victims generally have two years from the date of the accident to file a lawsuit, but insurance claims should be initiated much sooner.
Using Texas-Specific Legal Complexities
Insurance companies often leverage the complexities of Texas personal injury law to their advantage, particularly when dealing with unrepresented claimants.
How This Tactic Works:
Insurers might exploit:
- Texas’ modified comparative negligence rules
- Specific statutes that may apply to certain types of accidents
- Local San Antonio court precedents that might affect your case
- Variations in how damages are calculated under Texas law
How to Counter This Tactic:
Work with a San Antonio personal injury attorney who understands both Texas state law and local court practices. Local knowledge can be particularly valuable when dealing with insurance companies who may not be as familiar with how San Antonio courts typically handle certain types of claims.
Bringing in Defense Medical Experts
In significant injury cases, insurance companies often hire their own medical experts to counter your treating physician’s opinions.
How This Tactic Works:
Insurance companies may:
- Request an independent medical examination (IME) with their selected doctor
- Hire medical experts to review your records without examining you
- Use these opinions to challenge your doctor’s diagnosis or treatment plan
- Question the causal connection between the accident and your injuries
How to Counter This Tactic:
Your attorney can help prepare you for an IME if one is legally required. They can also challenge biased expert opinions by:
- Investigating the expert’s history of testifying for insurance companies
- Obtaining counter-opinions from respected medical specialists
- Highlighting inconsistencies in the defense expert’s opinion
- Emphasizing the opinions of your treating physicians who have directly examined and treated you
Conclusion: The Importance of Legal Representation
Insurance companies have vast resources and experienced legal teams dedicated to minimizing payouts. As a San Antonio injury victim, having knowledgeable legal representation levels the playing field.
An experienced personal injury attorney understands these defense tactics and knows how to effectively counter them. From properly valuing your claim to negotiating with adjusters and preparing for possible litigation, legal representation is often the difference between a denied claim or lowball settlement and fair compensation.
At Ryan Orsatti Law, we’ve successfully represented countless San Antonio residents against insurance companies using these tactics. Our knowledge of local courts, Texas personal injury law, and insurance company strategies allows us to advocate effectively for our clients.
If you’ve been injured in San Antonio, understanding these common defense tactics is your first step toward protecting your rights. Securing experienced legal representation is the next crucial step in ensuring you receive the compensation you deserve for your injuries.
Remember that most personal injury attorneys, including our team at Ryan Orsatti Law, offer free initial consultations and work on a contingency fee basis, meaning you pay nothing unless we win your case. This makes quality legal representation accessible when you need it most, regardless of your financial situation following an injury.
