Four common tactics insurance companies use to delay, or reject your personal injury claim

BY SIMONE J. SMITH

For years, you paid your premiums. Every month, like clockwork. Rain, or shine, you paid. Never missed a beat. You thought you were protected. You thought you were covered.

Then, it happened. An accident. Not your fault, but suddenly, the tables turned. The company you had trusted, the one you had paid faithfully, they all of a sudden were not on your side; they became the enemy.

Denials. Delays. Tactics. They used every trick in the book to avoid paying what was rightfully yours.

“Every citizen should know their rights—whether it’s standing up to a landlord, challenging an insurance company, or ensuring fair treatment in the workplace. Knowing your legal rights makes the difference between being powerless and taking action to make sure you get fair treatment.”

Representative of DJC Law

Accidents can bring not only physical pain, but also a host of other challenges, including mounting medical bills, lost wages, and emotional distress.

Personal injury claims in Canada revolve around situations where an individual has sustained harm, or damage to their body, mind, or emotions due to the negligence or intentional actions of another party. It’s not limited to just physical injuries but encompasses a wide range of harm, including emotional distress and damage to one’s reputation. These can occur in various contexts, such as car accidents, slip and fall incidents, medical malpractice, and more.

Experts at DJC Law have commented on the most common tactics to delay, or reject your personal injury claim and shared tips to help you get fair compensation.

Monitoring social media
According to Frasco, a surveillance and research service, insurers may search for evidence on your social media accounts to dispute claims or reduce settlement offers. They might look for:

• Photos, or posts that seem inconsistent with the timeline of reported injuries
• Evidence of physical activity after the injury has happened
• Information that could be used to question the claimant’s credibility

Expert tip: To protect yourself from these tactics, make sure to be extra cautious about what you share on social media during the claims process. Consider temporarily making your social media accounts private.

Using the law against you
Chartered Insurance Institute research states that insurance companies may intentionally make the claim process longer than necessary, hoping to frustrate claimants into accepting lower settlements. If the delay extends long enough, claimants risk losing their legal right to file a lawsuit due to the statute of limitations. Common tactics include:

• Repeatedly requesting additional or unnecessary documentation
• Failing to respond to emails, calls, or inquiries
• Scheduling medical examinations with significant time gaps

Expert tip: Stay organized by documenting all communication keeping copies of submitted paperwork with timestamps. Make sure to research the statute of limitations in your area to avoid missing deadlines.

Offering lowball settlements
There have been claimants that report that insurers present them with settlements far below what their cases are worth, hoping to put financial pressure on claimants to accept the first offer.

• Initial offers that don’t cover full medical costs, or lost wages
• Suggesting the settlement is “final” or “as good as it gets”
• Downplaying the long-term impact of injuries or damages

Expert tip: Carefully evaluate the settlement offer by comparing it to documented medical bills, lost wages, and potential future expenses like ongoing treatment or rehabilitation. Start by writing down the specific costs the settlement doesn’t cover to initiate the negotiation process.

Downplaying injuries
Insurance companies may try to dispute the liability for the accident or downplay the severity of your injuries. By shifting blame, or questioning the necessity of treatments, they can deny or decrease your claim amount. They might:

• Argue you were partially, or entirely at fault for the accident
• Find conflicting witness statements, or counterevidence
• Use pre-existing conditions to dispute injuries
• Claim certain treatments are unnecessary or excessive

Expert tip: Gather strong evidence, such as police reports, photos, and witness statements. Keep detailed medical records and seek second opinions if necessary to counter any disputes over your injuries. It’s essential to prioritize your health and well-being. Seek medical attention immediately after an accident and follow your doctor’s recommendations for treatment and recovery. Not only is this important for your health, but it also creates a clear record of your injuries.

Ultimately, understanding personal injury claims and Canadian law empowers you to make informed decisions if you find yourself in the unfortunate position of being injured due to someone else’s negligence. Legal representation from a skilled personal injury lawyer can make all the difference in securing the compensation you need to rebuild your life and move forward after a personal injury.

You don’t have to face them alone. You don’t have to settle for less. You have rights. You deserve to be compensated. Let this be your wake-up call

REFERENCES:
https://inst.insightmedialink.com/lt/1125899965400424/ulpAS4nDWvzAys33yV065

https://www.nanda.ca/personal-injury-claims-what-does-canadian-law-say/

DJC Law | Austin Injury Attorneys