You’ve been injured, you’ve filed the claim, and now you’re waiting for the insurance company to do what they’re supposed to do – pay up. But instead of getting help, you’re getting the runaround. The phone calls are slow to return. The settlement offer is insulting. Or worse, they’ve denied your claim altogether.
Sound familiar?
If you’ve been injured and the insurance company is trying to shortchange you, this is a serious threat to your financial recovery and peace of mind. But you don’t have to accept their tactics. You have options, and the sooner you act, the more power you keep in your corner.
Here’s what you need to do when an insurance company won’t play fair.
1. Don’t Assume They’re on Your Side
It’s easy to forget this part: Insurance companies are for-profit businesses. No matter how friendly the adjuster sounds on the phone, their job is to save the company money – not to protect your interests.
If they can find a way to reduce or deny your payout, they will. That’s why they may try things like questioning the severity of your injury or even blaming you for part/all of the accident. They might even go so far as to say your medical treatment was unnecessary or excessive.
Recognizing these tactics when they happen gives you a clearer head and a better plan. Just be sure to be firm and protect yourself. This isn’t a customer service interaction. You’re in a negotiation.
2. Document Everything
If the insurance company is pushing back, you need to create a paper trail that proves you did everything right. That starts with detailed documentation.
- Write down everything about the incident: time, place, what happened, and who was involved.
- Save all medical records, bills, and treatment plans. Even receipts for over-the-counter pain meds can help.
- Take photos of your injuries, the accident scene, damaged property – anything relevant.
- Track all communication. Every email, voicemail, and letter should be saved. If you talk by phone, write down the date, the name of the person you spoke with, and what was said.
3. Don’t Rush to Settle
Insurance companies know you’re stressed. They know you may be missing work and watching bills pile up. That’s when they hit you with a lowball offer – and hope you’re too overwhelmed to say no.
But here’s the thing: Once you accept a settlement, you usually waive your right to seek additional compensation, even if your injuries worsen later.
That’s why it’s important to slow down. Don’t agree to anything (especially in writing) without understanding the full picture of your injuries, your treatment plan, and the long-term impact on your health and finances. If you’re unsure whether the offer is fair, it probably isn’t.
4. Know the Common Delay Tactics
If the insurance company isn’t outright denying your claim, they may use delay tactics to wear you down. That could look like:
- “We’re still reviewing your file.”
- “We didn’t receive the documents.”
- “We need more information from your doctor.”
- “Our adjuster is out of the office.”
You don’t have to sit and wait forever. Follow up regularly and put things in writing. And if the delays continue, it might be time to escalate.
5. Talk to a Personal Injury Lawyer
A personal injury attorney can take over communication with the insurance company, negotiate a fair settlement, and file a lawsuit on your behalf (if needed). In fact, just having a lawyer involved often makes the insurer take your claim more seriously.
Most injury lawyers work on contingency, which means they don’t get paid unless you do. That gives you immediate leverage without paying out of pocket.
And here’s something else to consider: Insurance companies track which lawyers are willing to go to court. If your attorney has a strong track record, they’ll be less likely to play games.
6. Know When You’re Being Deceived
Sometimes it’s not about what the insurance company says – it’s about what they don’t tell you. They may leave out certain benefits you’re entitled to. They may also gloss over policy details or misinterpret vague language to their advantage. Or they might try to talk you out of hiring legal help, saying you’ll “lose money to legal fees.”
Whatever the case may be, don’t fall for it. If the language in your policy is confusing, or if something doesn’t sit right, ask a professional to interpret it. You deserve to understand what you’re entitled to.
7. File a Complaint if Necessary
If the insurer is acting in bad faith – delaying unreasonably, refusing to investigate properly, or flat-out denying a legitimate claim – you have the right to file a complaint with your state’s department of insurance.
Beyond holding insurers accountable, a formal complaint can pressure the company to resolve your issue faster. In some cases, it opens the door to additional damages if a lawsuit becomes necessary.
You can also report the conduct to your lawyer, who may advise taking legal action under bad faith insurance laws.
Taking Action Fast
It’s easy to feel like the deck is stacked against you when you’re hurt, overwhelmed, and facing off against a billion-dollar insurance company. But you don’t have to be a victim twice. Hire an attorney and let them fight on your behalf.
