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How to rebut the top 3 arguments insurance companies use against injured people

What should you expect from insurance companies when trying to deal with them on your own? They will minimize what you went through and what you may go through in the future as a result of your injuries and insurance claim.  They minimize your injuries and damages in order to pay you as little money as possible in return for you signing a written release of your personal injury claim.  The less money paid out to injured claimants means a better bottom line for the insurance company.

If you want to try to handle your injury claim on your own, you can.  If successful, you can save yourself a chunk of money.  Having a lawyer represent you usually results a significantly larger settlement.  And going alone against a large, well-funded insurance company is not any fun and requires time and energy and some acceptance of risk. However, people do settle their own claims especially smaller claims.  

If you decide to go it alone, please know of the following insurance company arguments that you will probably encounter and how to challenge those arguments.  

1. “Your medical providers ripped you off!  You bills are way too high.   I will offer you half.”

How to respond to advocate for yourself:

  1. I didn’t have any negotiating power with the ER, the urgent care, my doctor, physical therapist, or massage therapist, etc.
  2. My Primary Care Physician or the ER doctor told me to get physical therapy, chiropractic, and massage therapy, etc.  I was doing what I was told I needed to do.
  3. But the treatment helped me.  I feel better than I did before getting that treatment.  
  4. A jury will be allowed to see and consider my actual bills for the total amount charged.  That is Colorado law.  So you, the insurance company, needs to see and consider them, too.

2.   “Sorry but there was a gap of weeks/ months between the accident and you getting treatment. That means you must not have been hurt.”

How to respond:

  1. I don’t like going to the doctor!
  2. People usually feel better with time.  That is what I thought so I gave myself some time to heal.
  3. When I realized I was not getting better, then I went to a doctor/specialist/got x-rays/etc.

3.    “That wreck was pretty minor.  You could not have gotten hurt.”

How to respond:

  1. It was not minor to me.  I was in pain for days after and was not in pain before the accident.
  2. It was not minor.  There is damage to my car, which is metal.  I don’t understand engineering, but if the forces were strong enough to deform metal, they were strong enough to injury my body.
  3. Consider the hidden damage.  The underside of my car was bent.  Go talk to the car repair place.
  4. Everybody reacts differently.  I don’t know why I am still hurting, but I am.    

Hiring an experienced injury attorney usually results in significantly more money in settlement, such that the lawyer more than pays for him or herself.  Having a lawyer represent you in your insurance claim also provides peace of mind in dealing with insurance companies, or others, trying to get a piece of your settlement.   If, however, you wish to go it alone, be aware of the above “insurance company strategies”, and how to challenge them.  

If you have questions, or want to talk about your injury claim, please email or call!  We are happy to talk through any and all aspects of your injury claim so that you are comfortable with how it ultimately proceeds…

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