HowInsuranceCompaniesTrytoMinimizeYourClaim

Insurance companies are for-profit businesses. Their incentive is to pay out as little as possible on every claim. The adjusters who handle your case are professionals who have processed hundreds of claims — they know exactly what to say and what to ask to lower the value of your settlement. Understanding their playbook is your first line of defense.

The Quick Settlement Offer

One of the most common tactics is contacting you within days of the accident with a fast, friendly settlement offer. The number sounds reasonable when you're stressed and staring at medical bills — but it almost certainly doesn't account for future medical treatment, lost earning capacity, or ongoing pain and suffering. Once you accept and sign a release, you cannot go back.

The Recorded Statement Trap

Adjusters will call soon after the accident and ask to record a conversation, framing it as routine. It isn't. Recorded statements are used to lock you into a version of events before you've consulted counsel, understood your injuries, or reviewed all the evidence. Never give a recorded statement without speaking to an attorney first.

Blaming Pre-Existing Conditions

If you have any prior medical history — a previous back injury, old knee surgery, prior neck pain — adjusters will argue that your current injuries are pre-existing and unrelated to the accident. Texas law recognizes the eggshell plaintiff doctrine: a defendant takes the victim as they find them. Prior conditions don't eliminate liability, but they complicate it, which is exactly why you need an attorney who knows how to counter this argument.

Surveillance and Social Media Monitoring

Insurance companies routinely hire investigators to photograph or video-record claimants. They also monitor social media for posts, photos, or check-ins that suggest you're less injured than claimed. Even a photo from a birthday party taken on a good day can be used to dispute your pain and suffering. Be mindful of your online presence throughout the duration of your case.

Disputing Medical Necessity

Adjusters will sometimes hire their own medical reviewers — doctors who have never treated you — to issue opinions that your treatment was unnecessary or excessive. These so-called independent medical examinations are often anything but. An experienced personal injury attorney knows how to challenge these reviews and present your treating physicians' opinions effectively.

Delay, Delay, Delay

Texas has a two-year statute of limitations for personal injury claims. Insurers sometimes use delay tactics — slow responses, repeated requests for documentation, unanswered calls — hoping you'll give up or run out of time. An attorney will impose deadlines, respond to stonewalling, and ensure the process keeps moving in your favor.