How Insurance Companies Undervalue Injury Claims


When you’ve been injured, whether in a car crash, a fall, or another incident, your life can change in an instant. As medical bills arrive, you may think, “Well, that’s what insurance is for.” Unfortunately, many injury victims find out the hard way that insurance companies don’t always play fair. Insurance companies are in the business of protecting their bottom line, not yours. One of the most common tactics they use to preserve profits is undervaluing injury claims. That means offering less than what your case is worth.

In this blog, our Charleston law firm will explore how these companies work behind the scenes and what you can do to protect yourself.


The “Quick Settlement” Trap


If you’ve ever received a phone call from an insurance adjuster shortly after your accident, you may have been offered a fast settlement. It might even seem generous initially, especially if you’re still dazed, missing work, or facing extensive medical expenses. But this is one of the most common tactics used to minimize payouts.


Insurance companies know that right after an injury, you may not yet realize the full extent of your injuries. Soft tissue damage, for example, can take days or even weeks to develop fully. Accepting a settlement too early locks you into a figure that won’t cover your future medical care or time off work. Once you sign, you waive your right to ask for more, even if your condition worsens.


Downplaying Your Injuries


Another tactic insurers use is minimizing the severity of your injuries. They may argue any of the following:


  • You were already injured before the accident
  • Your pain isn’t “objectively verifiable” through tests like MRIs or X-rays
  • You didn’t seek medical treatment soon enough
  • You “seemed fine” at the scene or on social media


If there’s any gap between the accident and when you first saw a doctor, they’ll use it to question your credibility. They may also use your own words against you. Even saying “I’m fine” out of politeness can be twisted to mean you weren’t really hurt.


Using “Independent” Medical Examiners


In some cases, insurers may request that you be evaluated by an “Independent Medical Examiner” (IME). The word “independent” is misleading. Insurance companies hire many of these doctors regularly and are known for producing reports that favor the defense. Their opinions often question your need for continued treatment, suggest your injuries are exaggerated, or attribute them to pre-existing conditions.


These reports can seriously damage the value of your claim, especially if they’re the only medical opinions on record.


Blaming You for the Accident


Insurance adjusters are trained to find ways to shift blame onto you. In states that follow comparative fault rules, any percentage of blame assigned to you reduces your payout. If you’re found 20% at fault, your compensation could be cut by that percentage. In some states, if you’re found to be more than 50% at fault, you may be barred from recovering anything at all.


Adjusters will review police reports, witness statements, and your own testimony for any details they can use to share liability.


Undervaluing Pain and Suffering


Pain and suffering damages are notoriously hard to quantify. Insurance companies use software programs and formulas to assign a dollar value, often based on your medical bills. That means if your treatment was minimal, perhaps because you couldn’t afford more visits or had to go back to work, they’ll assume your suffering was minimal, too.


They may also claim your lifestyle hasn’t changed dramatically, even if you’re in daily pain or unable to do things you once enjoyed. Without an attorney to advocate for the full impact of your injury, this part of your claim is often the most underpaid.


How to Protect Your Personal Injury Claim


Insurance companies have a playbook. The good news is that there are ways to fight back, including:


  • Seek immediate medical attention. Even if you feel okay, get checked out.
  • Follow through on treatment. Gaps in care can be used against you.
  • Document everything. Keep a journal, save receipts, and get copies of all medical records.
  • Don’t give a recorded statement without legal advice. What you say can and will be used against you.
  • Talk to an experienced Personal Injury Attorney. Having a legal advocate changes the entire conversation.

Learn More About Personal Injury Cases from Leffew Law Firm


At Leffew Legal, we’ve seen how hard insurance companies work to devalue legitimate claims. Whether it’s a car accident or a slip and fall, our job is to ensure your voice is heard and your recovery is respected. If you’ve been injured, don’t settle for less than you deserve. Reach out today to ensure a successful personal injury claim process in Charleston, South Carolina. Call us at (843) 788-9332.

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