Ever find yourself sitting at your kitchen table in Pueblo, staring at a settlement offer from an insurance company that just feels… wrong? Like it’s way too low, even though your car’s totaled and you’ve got medical bills piling up? You’re probably wondering if this is really all you’re going to get. Sound familiar?
Here’s the thing – insurance companies didn’t become billion-dollar businesses by writing big checks. They’ve got a whole set of tactics designed to minimize what they pay out, and unfortunately, most people don’t know these strategies exist until they’re already caught up in them.
After watching countless folks here in Pueblo get steamrolled by these tactics, I wanted to pull back the curtain and show you exactly what you’re up against. Trust me, once you know their game plan, you’ll be in a much better position to protect yourself.
The “Quick Settlement” Rush Job
Let’s start with probably the most common trick they pull – the lightning-fast settlement offer. You’ll get a call within days of your accident, sometimes even while you’re still in the hospital. The adjuster sounds super friendly and concerned about your wellbeing, then drops this line: “We want to take care of this quickly for you, so here’s our offer.”
They’re counting on you being overwhelmed, stressed, and just wanting this whole mess behind you. What they’re not telling you? You probably haven’t even discovered all your injuries yet. That neck pain might turn into months of physical therapy. Those headaches could be signs of a concussion that develops into post-concussion syndrome.
I’ve seen people accept $3,000 settlements only to rack up $15,000 in medical bills over the following months. Once you sign that release, you’re done – there’s no going back for more money when your true damages become clear.
The smart move? Don’t rush. Take time to understand the full extent of your injuries and damages. There’s no legal requirement to accept their first offer, despite what their tone might suggest.
The “Recorded Statement” Trap
Here’s another classic move: “We just need a quick recorded statement to process your claim.” Sounds reasonable, right? Wrong.
That “quick” statement is actually a carefully orchestrated fishing expedition. The adjuster’s trained to ask leading questions designed to get you to say something that undermines your claim. They might ask, “You were feeling fine right after the accident, weren’t you?” or “The weather was clear, so visibility wasn’t an issue, correct?”
These aren’t innocent questions. They’re building a case against you, one “yes” at a time.
You’re not legally required to give a recorded statement to the other party’s insurance company. Period. Should you give a recorded statement to an insurance company? The short answer is usually no, especially without legal guidance.
The Blame Game Strategy
Insurance companies love to play the blame game because Colorado follows a comparative negligence system. This means if they can pin even partial blame on you, they can reduce their payout accordingly.
They’ll scrutinize every detail looking for ways to shift responsibility. Were you speeding? Even 5 mph over? They’ll argue you were partially at fault. Did you take a second to check your phone at a red light? Boom – distracted driving claim.
I’ve seen adjusters argue that someone was partially to blame for an accident because they were driving a “dark-colored vehicle” at dusk. No joke. They’ll get creative with their blame-shifting tactics.
The key is understanding that their initial assessment of fault isn’t gospel. They’re not neutral investigators – they’re advocates for their company’s bottom line. If you disagree with their fault determination, you have options, including challenging their decision.
Digging Through Your Medical History
Once you file a claim, don’t be surprised when they ask for years’ worth of medical records. They’re not just being thorough – they’re hunting for pre-existing conditions they can blame for your current injuries.
Got back pain from lifting boxes wrong five years ago? They’ll argue your current back injury is just a flare-up of that old problem. Had headaches from stress at work last year? Clearly, your post-accident headaches aren’t related to the crash.
This tactic is particularly sneaky because most people don’t realize they can limit what records they provide. You don’t have to hand over your entire medical history going back to childhood. Focus on what’s relevant to your current injuries and the timeframe around the accident.
The “Independent” Medical Exam Ambush
Here’s a fun one – they’ll send you to their “independent” medical examiner. Spoiler alert: there’s nothing independent about it. These doctors are paid by the insurance company and, surprise, they almost always conclude that your injuries aren’t as severe as your treating physician says.
These exams are often rushed, lasting maybe 10-15 minutes. The doctor might barely touch you, ask a few questions, then write a report saying you’re fine to return to work and don’t need further treatment.
Meanwhile, your actual doctor – the one who’s been treating you for months – disagrees completely. Guess whose opinion the insurance company wants to rely on?
You typically can’t refuse to attend an IME if it’s requested, but you can take steps to protect yourself. Bring someone with you, document everything, and make sure your attorney knows about any discrepancies between the IME and your actual condition.
The Delay and Frustrate Tactic
Sometimes insurance companies will drag things out intentionally, hoping you’ll get frustrated and accept less just to end the ordeal. They’ll lose paperwork, request the same documents multiple times, or suddenly need additional information right when it seemed like things were moving forward.
This is especially effective against people who are struggling financially after an accident. Can’t work? Bills piling up? That lowball offer starts looking more attractive when you’re facing eviction or can’t afford groceries.
If you suspect your insurance company is playing dirty, document everything. Keep records of every phone call, email, and letter. These delay tactics can actually work in your favor if you need to pursue a bad faith claim later.
The “Policy Limits” Shell Game
Here’s a sneaky one: the adjuster claims their insured only has minimum coverage, so that’s all you can get. In Colorado, minimum liability coverage is pretty low – $25,000 per person for bodily injury.
But here’s what they don’t always tell you upfront: there might be additional coverage available. Umbrella policies, underinsured motorist coverage on your own policy, or even coverage through the at-fault driver’s employer if they were working at the time.
Don’t just take their word that the policy limits are what they claim. Ask for proof. Request a copy of the declarations page showing the actual coverage amounts.
The Social Media Surveillance Game
This one’s become huge in recent years. Insurance companies regularly check claimants’ social media profiles looking for anything that contradicts their injury claims.
Posted a photo of yourself at your daughter’s graduation? They’ll argue you can’t be that injured if you’re attending social events. Shared a video of your kid’s soccer game? Clearly, you’re not as limited as you claim.
They take things completely out of context. That one photo of you smiling at a family dinner doesn’t mean you’re not in pain – but they’ll present it like evidence that you’re faking your injuries.
The smart move? Clean up your social media during your claim. Set everything to private, and be very careful about what you post. Better yet, take a social media break until your case is resolved.
The Settlement Mills and Volume Game
Some insurance companies have turned claim settlement into an assembly line operation. Adjusters have quotas to meet and are incentivized to close cases quickly and cheaply. They might handle hundreds of claims at once, spending just minutes reviewing each file.
This means they’re not really evaluating your specific situation – they’re plugging numbers into a formula and spitting out an offer. Your unique circumstances, the impact on your life, your specific pain and suffering – none of that factors into their cookie-cutter approach.
This is where having someone who understands the true value of your claim becomes invaluable. The attorneys at McCormick & Murphy P.C. have been dealing with these tactics since 1995, and they’ve seen every trick in the book. Located at 301 N Main St in Pueblo, they’ve been helping Colorado residents fight back against unfair settlement offers for nearly three decades.
The Lowball Opening Gambit
Insurance companies often start negotiations with an insultingly low offer, hoping you don’t know any better. They might offer $1,500 for a claim that’s actually worth $15,000 or more.
This serves two purposes: first, if you accept it, they’ve saved a ton of money. Second, it anchors the negotiation at a low number. Even if you negotiate up from there, you’re still probably settling for less than you should.
Don’t let their first offer set the tone for negotiations. That number is almost certainly nowhere near what your claim is actually worth. Do your homework on what similar cases have settled for, factor in all your damages (not just medical bills), and don’t be afraid to counter with a realistic number.
The Partial Payment Trick
Sometimes they’ll send you a check for part of your damages – maybe your property damage or some medical bills – along with a release that covers your entire claim. If you cash that check, you might be giving up your right to pursue additional compensation.
Read everything carefully before you sign or cash any checks. That innocent-looking property damage settlement might actually release them from liability for your personal injuries too.
If you’re not sure what you’re signing, don’t sign it. There’s no rush, despite what they might tell you.
The “We Don’t Cover That” Deflection
Insurance companies love to claim certain damages aren’t covered under their policy, even when they actually are. They might say they don’t cover lost wages, pain and suffering, or future medical expenses – hoping you’ll just accept their word for it.
But here’s the thing – if their insured was at fault for the accident, their liability coverage should cover all your reasonable damages related to that accident. That includes medical expenses, lost income, pain and suffering, and more.
Don’t let them dictate what is and isn’t covered without doing your own research or getting a second opinion.
Fighting Back: Your Game Plan
So what can you do to protect yourself against these tactics? Here are some concrete steps:
- Document Everything: Keep detailed records of all your injuries, medical treatment, lost work time, and how the accident has affected your daily life. Take photos of your injuries as they heal. Keep receipts for everything accident-related.
- Don’t Rush: There’s no legal requirement to settle quickly. Take time to understand the full extent of your damages. Some injuries, like PTSD after a collision, might not become apparent immediately.
- Know Your Rights: You don’t have to give recorded statements to the other party’s insurance company. You don’t have to accept their first offer. You don’t have to handle this alone.
- Get Medical Attention: See a doctor even if you feel fine initially. Some injuries don’t show symptoms right away, and having medical documentation is important for your claim.
- Be Careful What You Say: Don’t admit fault or downplay your injuries when talking to insurance adjusters. Stick to the facts and avoid speculation about what happened.
- Consider Legal Help: The insurance company has teams of lawyers and adjusters working to minimize your claim. Shouldn’t you have someone on your side too?
When to Call for Backup
Look, I get it. Nobody wants to hire a lawyer if they don’t have to. But there are certain situations where trying to handle things yourself is like bringing a knife to a gunfight.
Consider getting legal help if:
- Your injuries are serious or long-lasting
- The insurance company is denying your claim or offering an obviously low settlement
- There’s a dispute about who was at fault
- You’re dealing with multiple insurance companies
- The adjuster is pressuring you to settle quickly
- You’re not sure what your claim is actually worth
The team at McCormick & Murphy P.C. handles most personal injury claims on a contingent fee basis, meaning you don’t pay attorney fees unless they recover money for you. With over 60 years of combined experience specializing in personal injury and insurance bad faith cases, they know exactly how to counter these insurance company tactics.
You can check out their professional credentials and client reviews to see why so many people in Pueblo trust them with their cases.
The Bottom Line
Insurance companies aren’t evil, but they’re businesses with a primary obligation to their shareholders, not to you. Understanding their tactics levels the playing field and helps you make informed decisions about your claim.
Remember, that first settlement offer is almost never their best offer. Don’t let them rush you, intimidate you, or convince you that you don’t deserve fair compensation for your injuries and losses.
If you’re dealing with a car accident claim in Pueblo and feeling overwhelmed by the insurance company’s tactics, you don’t have to face this alone. Give McCormick & Murphy P.C. a call at (888)-668-1182 for a consultation. They’ve been helping people in situations just like yours for decades, and they know how to fight back against these unfair tactics.
Your case matters, your injuries are real, and you deserve to be treated fairly. Don’t let the insurance company’s playbook work against you – now that you know their tactics, you can protect yourself and fight for the compensation you deserve.
