Insurance companies are not on your side. No matter who is at fault for the accident leading to a claim, their goal is to pay as little as possible and to protect their best interests. To do that, they may use tactics designed to weaken your case.
Often, insurance company tactics may come into play before you even realize what is happening. Not only can they be confusing, but they may end up pressuring you into making mistakes and costing you money you are rightfully owed.
This is where a skilled personal injury lawyer can come into play. They know what tactics to expect from insurance companies and how to fight back.
Below are five of the most common tactics insurance companies may use to deny your claim and how a strong legal team can help you fight back.
Tactic 1: Confusing Fault and Blaming You
To win a personal injury case in Texas, you must prove the other party was negligent. In other words, that means proving they acted carelessly and that their actions caused you harm or injury.
Insurance companies know this. As a result, they look for ways to flip it around and put the blame on you, so they don’t have to pay out.
For example, if a car accident caused your injuries, they may argue you were distracted before the crash. They may claim you ignored a warning sign. They might say your injuries came from something you did prior to the accident.
This tactic is used to reduce their financial liability. In Texas, if you are found partly at fault, your compensation can be reduced. In Texas, if you are found 51 percent or more at fault, you may not recover anything at all. This is called the 51% rule.
A skilled lawyer can help you build a clear picture of what actually happened by gathering evidence that shows who was truly responsible. Witness accounts, accident reports, and expert analysis can all help establish the facts. The goal is to make it hard for the insurer to stick the blame on you.
Tactic 2: Offering a Fast and Low Settlement
Personal injury cases are not simple. You must prove the other side is responsible before any money changes hands. Texas personal injury law comes from a mix of court decisions and statutes. There are no forms to fill out. There is no automatic payment.
Because the process takes time, insurers may use speed against you by reaching out soon after your accident with what sounds like a fair offer. When you are stressed, hurt, and facing bills, that check can feel like a relief.
But early offers are almost always too low, especially if you have significant injuries.
Early settlement offers rarely cover the full cost of your injuries. Your damages can include medical bills and lost wages due to missed days of work. They can also include future care and other long-term losses.
Remember: The insurer’s first offer is designed to close your case fast. They want to reach you before you understand what your injuries may really cost. That’s because once you accept a settlement, you cannot go back and ask for more.
A personal injury lawyer can figure out what your case is truly worth. They look at your current losses and your future ones. Then they push the insurer to pay the full amount you are owed – not just what the insurer finds convenient.
Tactic 3: Using Legal Defenses to Escape Liability
Insurance companies have legal teams. Their job is to find every defense available to your claim. These defenses are not about fairness. They are about avoiding payment.
Here are some of the most common ones:
Filing deadlines
Texas law gives injury victims a set amount of time to file a claim – in the case of personal injury cases, it’s typically two years from the date of the incident. Miss that window and your case can be dismissed, no matter how strong your case is. Insurers count on victims not knowing this rule.
Assumption of risk
Insurers may argue that you chose to enter a risky situation, therefore accepting the chance of getting hurt. This defense often comes up in cases involving sports, outdoor activities, or businesses with warning signs posted.
Failure to get treatment
If you did not see a doctor right away – or stopped treatment early – the insurer may claim you made your injuries worse. They may try to use that to reduce what they owe you.
Sudden emergency
In some cases, insurers argue the party that caused injury was reacting to an unexpected event and are therefore excused from any harm they caused.
A good attorney knows how to challenge every one of the above defenses. For example, some filing deadlines can be extended if the victim is a minor or if the defendant leaves the state. An attorney can tell you whether any exceptions apply to your case.
Tactic 4: Ignoring Gross Negligence Claims
Not every injury case is the result of ordinary carelessness or negligence. Some cases are the result of negligent behavior that demonstrates a reckless disregard of the safety or well-being of other people. Texas law calls this gross negligence.
Examples of gross negligence can include:
- A drunk driver going the wrong way on a highway
- An employer who knowingly sends workers into a dangerous situation
- A bartender that serves alcohol to a minor
- A property owner who knows about a dangerous condition and then covers it up instead of fixing it
- Companies that let employees like truck drivers or machine operators work hours beyond legal limits
The above examples are not simple mistakes. They show a serious disregard for other people’s lives and can all result in serious injury or even death.
When gross negligence is present, Texas law may allow for extra damages. These are called exemplary or punitive damages, which go beyond covering your losses. They are meant to punish the wrongdoer and discourage others from acting the same way.
Insurance companies will not address issues of gross negligence on their own, and many victims never know these extra damages are even possible. However, an experienced attorney knows to examine injury cases for this type of claim to help deserving clients seek punitive damages in court.
If gross negligence is present in a claim, attorneys can build the proof needed to pursue it by seeking evidence from the following:
- Internal records
- Safety reports
- Prior complaints
- Witness statements.
In some cases, attorneys may also push for safety changes to help protect others from the same harm.
Tactic 5: Overwhelming You With the Process
Personal injury cases involve many complex steps. Each one matters for your case.
After filing a lawsuit, both sides exchange information and documents regarding the involved parties, witnesses, or evidence they may present in court. This is called discovery. There will be depositions, where witnesses answer questions under oath. Strict rules control what evidence can be used. After all of that, a case can go through mediation, but some go to trial.
Every step of dealing with a personal injury case has rules. Every step has deadlines, and one wrong move or missed deadline can end your case. The insurer’s legal team knows these rules well. They are counting on the fact that you do not.
The process is complex by design. It tends to favor whoever has the most experience with it.
That is where Grossman Law Offices comes in.
Our firm handles every stage of a personal injury case. From the first investigation to the outcome, our team manages the details, so you don’t have to. We investigate the facts impacting your case, review financial records and losses, and prepare every case as if it will go to trial – because sometimes it does.
Most importantly, Grossman Law Offices works on a contingency fee basis. That means you pay nothing unless we win. No upfront costs. No hourly fees. If the firm does not recover money for you, you owe us nothing.
Call Grossman Law Offices for Help
You do not have to fight the insurance company on your own. These companies bring skilled legal teams to every claim and have spent decades finding ways to pay less. You deserve someone equally skilled on your side.
Grossman Law Offices has spent more than 30 years fighting for injury victims across Texas and handles each case with deep focus and skill. We fight for full and fair compensation – not just the first offer on the table. Our firm’s attorneys know every tactic in the insurer’s playbook and can explain your rights in clear terms so you’re up to speed throughout the entire process.
Grossman Law Offices can help make a real difference in your personal injury case. Contact us today – and find out what your case may be worth.
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