12 Insurance Company Tactics to Watch For After a Personal Injury

By Maria Chen, JD | 14 Years in Personal Injury Law

In 14 years of working personal injury cases, I have watched insurance companies use the same playbook over and over again. The specifics change, the adjusters rotate, and the company names on the letterhead vary, but the tactics stay remarkably consistent.

That is actually good news for you. If you know the playbook, you can see the plays coming.

Insurance companies are not charities. They are publicly traded corporations (or large mutuals) with fiduciary obligations to shareholders and policyholders. Every dollar they pay out in claims is a dollar off their bottom line. In 2024, the property and casualty insurance industry reported net premiums written of over $890 billion. Keeping claims costs down is central to that business model.

This guide breaks down the 12 most common tactics insurance companies use after a personal injury and gives you specific strategies to counter each one. If you have not yet read it, start with The First 72 Hours After a Personal Injury, which covers the critical steps to take immediately after an accident.

Tactic 1: The Quick Lowball Offer Before You Know the Full Extent of Your Injuries

How it works

Within days of the accident, sometimes before you have even finished your first round of medical appointments, the adjuster calls with a settlement offer. The number might be $2,500, $5,000, or even $10,000. It sounds reasonable when you are staring at a wrecked car and a pile of ER bills. The offer comes with urgency: “We want to help you move on. We can get you a check this week.”

Real-world example

A client came to our office after being rear-ended at a stoplight. The at-fault driver’s insurance offered $3,800 within four days of the accident. The client almost took it. Three weeks later, an MRI revealed two herniated discs that required epidural injections and six months of physical therapy. The final medical bills alone exceeded $47,000. The case ultimately settled for $112,000.

How to counter it

Never accept a settlement offer until you have reached maximum medical improvement (MMI). MMI is the point at which your doctor determines your condition has stabilized and further treatment will not significantly change the outcome. For soft tissue injuries, this can take 3 to 6 months. For more serious injuries, it can take a year or longer.

Tell the adjuster: “I appreciate the offer, but I am still receiving medical treatment. I am not in a position to evaluate a settlement until my doctors have determined the full extent of my injuries.”

Tactic 2: Requesting a Recorded Statement

How it works

The adjuster asks you to provide a recorded statement, often framing it as a standard part of the process. “We just need to get your side of the story on the record.” In reality, the recorded statement gives the insurance company a locked-in account that they can pick apart for inconsistencies, admissions of fault, or minimizing language.

Real-world example

A motorcyclist was hit by a driver who ran a red light. During a recorded statement, the adjuster asked, “Were you able to see the other driver before the collision?” The motorcyclist said, “I saw him coming but I thought he would stop.” The insurance company used that statement to argue comparative fault, claiming the motorcyclist had time to take evasive action and failed to do so.

How to counter it

Decline the recorded statement. You are under no legal obligation to provide one to the other driver’s insurance company. Say: “I respectfully decline to give a recorded statement at this time.” If they push back, repeat the same line. You do not owe them an explanation.

For a full breakdown of how to handle adjuster conversations, see our guide on dealing with an insurance adjuster after an accident.

Tactic 3: Delaying the Process to Pressure You into Settling

How it works

Insurance companies know that injured people are often desperate. Medical bills are piling up. You might be missing work. Your savings are draining. The adjuster stops returning calls, requests the same documents multiple times, transfers your file to a new adjuster, or claims they need “more time to investigate.” The goal is to wear you down until you accept a lower offer just to make it stop.

Real-world example

A pedestrian struck in a crosswalk waited 7 months for a liability determination on a case where the police report clearly stated the driver was at fault. During those 7 months, the claimant fell behind on rent and nearly declared bankruptcy. When the insurance company finally made an offer, it was 40% below the claim’s actual value. The claimant, financially exhausted, initially wanted to accept.

How to counter it

  • Document every interaction. Keep a log of every phone call (date, time, who you spoke with, what was discussed) and save every email and letter.
  • Send follow-up emails after phone calls. “Per our conversation today, you stated you would have an update on liability by March 15. Please confirm.”
  • Know your state’s deadlines. Most states have regulations requiring insurance companies to acknowledge claims within 15 days and make a decision within 30 to 45 days after receiving all necessary documentation. If the insurer is violating these timelines, they may be acting in bad faith.
  • Consult a qualified attorney in your state. An attorney can file a formal complaint with your state’s Department of Insurance or pursue a bad faith claim if the delays are unreasonable.

Tactic 4: Surveillance and Social Media Monitoring

How it works

Insurance companies hire private investigators to conduct physical surveillance of claimants. They also monitor your social media accounts: Facebook, Instagram, TikTok, X (formerly Twitter), LinkedIn, and more. They are looking for anything that contradicts your injury claims. A photo of you lifting a suitcase, playing with your kids, or attending a concert can be used to argue that your injuries are not as severe as you claim.

Real-world example

A claimant with a documented back injury posted a photo on Instagram of herself standing and smiling at her daughter’s birthday party. The insurance company used that single photo to argue she was not actually in significant pain. They did not mention that she had taken strong pain medication to attend the party and spent the following two days in bed recovering.

How to counter it

  • Set all social media accounts to private immediately after the accident.
  • Do not post anything related to the accident, your injuries, your activities, or your emotional state.
  • Ask friends and family not to tag you in photos or posts.
  • Do not delete old posts. Deleting content after an accident can be considered spoliation of evidence, which can have serious legal consequences.
  • Assume you are being watched. This does not mean you should stop living your life. It means you should be aware that anything visible to the public can and will be used against you.

Tactic 5: Disputing Medical Treatment as Excessive or Unnecessary

How it works

The insurance company has your medical records. Their in-house medical review team (or an outside “independent” medical examiner they hire) reviews the records and declares that some or all of your treatment was excessive, unnecessary, or unrelated to the accident. They may claim you did not need that MRI, that your physical therapy should have ended after 6 weeks instead of 12, or that the surgery your doctor recommended is not warranted.

Real-world example

A claimant with a torn rotator cuff was told by the insurance company’s hired doctor that physical therapy alone should have resolved the issue, and that the surgery recommended by the claimant’s orthopedic surgeon was “not medically necessary.” The claimant’s surgeon, who had actually examined the patient and reviewed the imaging, disagreed. The case went to arbitration, where the claimant’s treating physician’s opinion was given substantially more weight than the insurance company’s hired reviewer, who had never examined the patient.

How to counter it

  • Follow your treating physician’s recommendations. Your doctor, the one who has actually examined you, is the most credible source on what treatment you need.
  • Get referrals through your treating physician. A clear chain of referrals from your primary care doctor to specialists creates a strong treatment narrative.
  • Request detailed medical reports. Ask your doctor to include in their notes why each treatment was necessary and how it relates to the accident.
  • Challenge “independent” medical exams. If the insurance company requires an IME (Independent Medical Examination), know that the doctor performing it was selected and paid by the insurance company. You have the right to have someone accompany you, to record the exam in many states, and to obtain a copy of the report.

Tactic 6: Blaming Pre-Existing Conditions

How it works

The adjuster digs through your medical history and finds that you had back pain in 2019, or that you were treated for a neck injury in a previous accident 5 years ago. They use this to argue that your current pain is not from the accident but from the pre-existing condition. This is one of the most common tactics in the entire playbook.

Real-world example

A 52-year-old woman was T-boned at an intersection, causing severe neck and back injuries. The insurance company discovered she had been treated for mild degenerative disc disease two years earlier. They argued that her current disc herniations were simply the progression of her pre-existing condition, not the result of the accident. Her treating physician provided a detailed report explaining that the accident had aggravated and dramatically worsened a previously stable, manageable condition. Under the “eggshell plaintiff” doctrine, you take the victim as you find them.

How to counter it

  • Understand the eggshell plaintiff rule. In most states, the at-fault party is responsible for the full extent of your injuries, even if a pre-existing condition made you more susceptible to injury. If you had a weak back and the accident made it worse, the at-fault party is liable for the worsening.
  • Get your doctor to document the difference. Ask your treating physician to clearly explain, in writing, how your current condition differs from your pre-accident condition and how the accident caused the change.
  • Do not hide pre-existing conditions. Lying or omitting information about prior injuries will destroy your credibility if discovered (and it will be discovered). Be honest, but let your attorney and doctor frame the information properly.

Tactic 7: Using Your Own Words Against You

How it works

Everything you say to the insurance company, in phone calls, recorded statements, emails, and even casual conversations with the adjuster, can be used to undermine your claim. Adjusters are trained to engage you in friendly conversation, get you comfortable, and then document anything you say that can be interpreted as minimizing your injuries or accepting fault.

Real-world example

A claimant told the adjuster during a phone call, “Some days are better than others. Today is actually a pretty good day.” The insurance company later cited that statement to argue that the claimant’s injuries were intermittent and not as debilitating as claimed. The comment was taken completely out of context, but it was still used in settlement negotiations.

How to counter it

  • Limit your communication with the adjuster. Provide only basic factual information (name, contact info, policy number, date and location of accident).
  • Move all communication to writing. This gives you time to consider your words carefully.
  • Do not engage in small talk. Adjusters are trained to build rapport. Be polite but brief.
  • Never speculate or guess. If you do not remember something, say “I don’t recall.” Do not fill in gaps with estimates or assumptions.

Tactic 8: “We Need to Investigate Further” Stalling

How it works

The adjuster tells you they cannot make a decision or an offer because the “investigation is still ongoing.” Weeks pass. Then months. You call for updates and get vague responses: “We’re still looking into it,” “We’re waiting on some documentation,” “Your file has been reassigned.” Meanwhile, your bills keep coming and the statute of limitations clock keeps ticking.

Real-world example

A claimant in a clear-liability rear-end collision waited 5 months for the insurance company to “complete their investigation.” When pressed, the adjuster could not identify what specific information was still needed. The investigation was complete months earlier. The delay was purely strategic, designed to increase financial pressure on the claimant.

How to counter it

  • Ask specific questions. “What exactly is still under investigation? What documents or information do you need from me to move forward? What is your timeline for completing this?”
  • Put it in writing. Send a formal letter requesting a status update and a specific timeline for resolution.
  • Know your state’s insurance regulations. Most states require insurers to complete investigations within 30 to 45 days of receiving all requested information. If they are violating these deadlines, document everything and report them to your state’s Department of Insurance.
  • Be aware of the statute of limitations. In most states, you have 2 to 3 years to file a personal injury lawsuit (it varies by state). If the insurance company delays long enough, you could lose your right to sue entirely. Consult a qualified attorney in your state to understand your specific deadline.

Tactic 9: Denying Liability Despite Clear Fault

How it works

Even when the police report, witness statements, and physical evidence clearly show their insured was at fault, the insurance company denies liability. They may argue that the police report is “just one officer’s opinion,” that witnesses are unreliable, or that some other factor contributed to the accident.

Real-world example

A driver ran a red light and struck another vehicle broadside. The police report cited the red-light runner for the violation. Two independent witnesses confirmed the light was red. The at-fault driver’s insurance company still denied liability for 3 months, claiming they needed to “review the traffic signal timing patterns” for the intersection. The denial was eventually reversed after the claimant’s attorney obtained the traffic camera footage.

How to counter it

  • Preserve all evidence. Dashcam footage, traffic camera recordings, witness contact information, and photographs are critical. Evidence can disappear quickly. Traffic camera footage is often overwritten within 30 to 90 days.
  • Obtain the police report. While not definitive on its own, a police report citing the other driver for a traffic violation is strong supporting evidence.
  • Do not accept a denial as final. An initial denial is often a negotiating tactic, not a genuine legal determination. Many denied claims are eventually paid after the claimant pushes back with evidence or hires an attorney.

Tactic 10: Offering “Goodwill” Payments

How it works

The adjuster offers a small “goodwill” or “nuisance” payment, often $500 to $2,000, to “help with immediate expenses.” The catch is that accepting this payment typically requires signing a release that settles your entire claim. The release language is often buried in fine print. Once you sign, you cannot come back for more money, no matter how serious your injuries turn out to be.

Real-world example

A woman was rear-ended at low speed. The adjuster offered a $1,500 “goodwill” check to “cover the inconvenience.” The check came with a one-page release. She signed it, deposited the check, and thought the matter was closed. Three weeks later, she was diagnosed with a cervical disc herniation requiring surgery. Her total medical costs exceeded $85,000. Because she signed the release, she had no legal recourse to recover additional compensation.

How to counter it

  • Never sign anything without reading every word. If you receive a check with any accompanying paperwork, read every document completely before signing.
  • Look for release language. Terms like “full and final settlement,” “release of all claims,” “hold harmless,” and “in consideration of” are red flags.
  • Do not cash checks that arrive unexpectedly. Some insurance companies send checks hoping you will cash them, which can be argued as acceptance of a settlement.
  • Have an attorney review any settlement documents. This is non-negotiable for any amount over a few hundred dollars. The cost of a quick legal review is nothing compared to the potential loss.

Tactic 11: Requesting a Blanket Medical Authorization

How it works

The adjuster sends you a medical authorization form and asks you to sign it so they can “obtain the records they need to process your claim.” The form authorizes the release of all your medical records, from any provider, for any time period. This gives the insurance company access to your entire medical history, allowing them to search for pre-existing conditions, prior injuries, mental health treatment, or anything else they can use to reduce or deny your claim.

Real-world example

A claimant signed a blanket medical authorization. The insurance company obtained 10 years of medical records and discovered the claimant had been treated for anxiety and depression. They used this to argue that the claimant’s post-accident emotional distress was a continuation of a pre-existing mental health condition, not a result of the accident. The claimant’s emotional distress damages were significantly reduced.

How to counter it

  • Never sign a blanket medical authorization. You have the right to limit the scope of any authorization you sign.
  • Provide records yourself. Obtain copies of your accident-related medical records from your providers and send them directly to the adjuster. This gives you control over what they see.
  • If you must sign an authorization, limit it. Restrict the authorization to specific providers, specific dates (from the date of the accident forward), and specific types of treatment related to the accident.
  • Have an attorney review any authorization before signing. An experienced personal injury attorney will know exactly how to limit the scope appropriately.

Tactic 12: Threatening That the Offer Will Expire

How it works

The adjuster makes an offer and then adds a deadline: “This offer is only good for 30 days,” or “If you don’t accept by Friday, we’ll have to withdraw this offer.” The artificial urgency is designed to prevent you from consulting an attorney, fully evaluating your injuries, or negotiating for more.

Real-world example

A claimant received a $12,000 offer with a “14-day expiration.” Feeling pressured, the claimant almost accepted. After consulting an attorney, the claimant rejected the offer. The insurance company did not withdraw it. Instead, they continued negotiating for another 4 months. The case ultimately settled for $67,000.

How to counter it

  • Understand that offers almost never truly expire. The insurance company wants to close the claim. Walking away entirely costs them more in administrative overhead and potential litigation risk. The “expiration” is almost always a bluff.
  • Call the bluff politely. “I appreciate the offer, but I need additional time to consult with my medical providers and evaluate my options. I will respond when I am ready.”
  • Do not let artificial deadlines rush your decision. The only real deadline you need to worry about is the statute of limitations for filing a lawsuit in your state, which is typically 2 to 4 years depending on the state.

How to Protect Yourself: A Summary Checklist

Now that you know the 12 tactics, here is a quick-reference checklist to keep yourself protected:

  • Do not accept any offer until you have reached maximum medical improvement.
  • Decline recorded statements to the other driver’s insurance company.
  • Document all interactions with the insurance company in writing.
  • Set social media to private and stop posting about your life, injuries, or activities.
  • Follow your doctor’s treatment plan without gaps.
  • Never sign a blanket medical authorization. Limit scope to accident-related treatment.
  • Read every document before signing. Look for release language.
  • Do not let artificial deadlines pressure your decisions.
  • Know your state’s statute of limitations and insurance regulations.
  • Consult a qualified attorney in your state before making any major decisions about your claim.

If you recognize any of the tactics described above in your own claim experience, that is a strong signal that you would benefit from legal representation. The insurance company has a team of professionals working to minimize your payout. Having a professional on your side levels the playing field.

Most personal injury attorneys work on a contingency fee basis, meaning you pay nothing upfront and nothing at all unless they recover compensation for you. The typical contingency fee ranges from 33% to 40% of the settlement, depending on whether the case settles before or after litigation is filed. For more details on how attorney fees work, consult with attorneys in your area who handle personal injury cases.

For more on evaluating your first settlement offer, see our guide on whether you should accept the first settlement offer. And for a complete overview of what to do immediately after being hurt, read The First 72 Hours After a Personal Injury.

Final Thoughts

Insurance companies are not evil. They are businesses operating within a system that rewards paying less. The adjusters are professionals doing their jobs. But their job is not to make sure you get fairly compensated. That responsibility falls on you, or on the attorney you hire to represent you.

The best defense against these 12 tactics is knowledge, documentation, and patience. Do not let urgency, financial pressure, or a friendly voice on the phone push you into a decision that costs you tens of thousands of dollars.

You have rights. Use them.