What Insurance Adjusters Don’t Want You to Know About Personal Injury Claims

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In San Jose, where thousands of traffic collisions occur each year, personal injury claims are a common reality. According to California’s Transportation Injury Mapping System (TIMS), San Jose sees over 3,000 injury-related crashes annually, with many victims unaware of their legal rights. California’s comparative negligence law allows you to recover damages even if you are partially at fault, but insurance companies often exploit claimants’ lack of legal knowledge to pay them less than they deserve.

They may seem friendly, helpful, and even sympathetic to your injuries—but insurance adjusters are not on your side. Their job is to protect the company’s bottom line, and that often means minimizing or denying your claim. What they don’t want you to know is that your case may be worth far more than they’re offering.

This is where having a personal injury attorney in San Jose becomes crucial. Experienced attorneys understand the tactics insurance adjusters use and can counter them to ensure you receive fair compensation.

Before you sign a settlement offer, it’s important to know the hidden truths adjusters hope you never discover.

The Strategies Insurance Adjusters Use to Undermine Your Claim

Insurance adjusters are trained professionals whose goal is to protect their employer’s financial interests. They employ various tactics to minimize payouts, often preying on claimants’ lack of legal knowledge. Here are some of their most common strategies:

1. Quick, Lowball Settlement Offers

One of the first tactics adjusters use is offering a fast settlement—before you even understand the full extent of your injuries. They know that medical bills and lost wages can create financial stress, and they hope you’ll accept a low offer out of desperation. However, once you accept a settlement, you forfeit the right to pursue further compensation, even if your medical condition worsens.

2. Manipulating Recorded Statements

Adjusters often request recorded statements under the guise of processing your claim faster. What they won’t tell you is that anything you say can be twisted to undermine your case. A simple statement like “I feel better today” could be used to argue that your injuries aren’t as serious as claimed. California law does not require you to provide a recorded statement to the at-fault party’s insurance company, and it’s in your best interest to decline.

3. Disputing Liability with California’s Comparative Negligence Rule

Under California’s pure comparative negligence system (California Civil Code Section 1714), you can still recover damages even if you were partially at fault for the accident. However, your compensation is reduced based on your percentage of fault. Insurance companies use this to their advantage by exaggerating your share of the blame to lower their payout. For instance, if they argue you were 40% responsible, they can reduce your compensation by that percentage—potentially saving them thousands of dollars.

4. Downplaying Medical Treatment and Future Expenses

Insurance companies often dispute medical costs by claiming certain treatments are “unnecessary” or that your injuries are pre-existing. They may also rush you to settle before you have a full diagnosis, knowing that some injuries—such as spinal damage or traumatic brain injuries—can take weeks or months to manifest. California law allows accident victims to seek damages for both current and future medical expenses, meaning you should never settle until you fully understand the long-term impact of your injuries.

5. Delaying the Claims Process

Some adjusters drag out the claims process in the hope that you’ll become frustrated and accept a lower offer just to move on. They might ignore your calls, repeatedly request unnecessary documents, or claim they are still “reviewing” your case. This is a deliberate strategy meant to wear you down, but under California Insurance Code Section 790.03(h), insurers are required to process claims in good faith. If they engage in unreasonable delays, they can be held accountable.

Protecting Yourself from Insurance Adjusters’ Tactics

The best way to protect yourself is to know your rights and avoid dealing with adjusters alone. Here’s what you can do:

• Don’t rush into a settlement. Take time to assess your medical condition and legal options.
• Refuse to give a recorded statement. You are not legally obligated to provide one.
• Consult an attorney before accepting any offer. An experienced lawyer can evaluate the true value of your claim and negotiate on your behalf.
• Keep all records of your injuries and expenses. This includes medical bills, lost wages, and doctor’s notes, which can help counter adjusters’ attempts to downplay your injuries.

Insurance adjusters may act as though they have your best interests at heart, but their ultimate goal is to save their company money. Understanding their strategies gives you the upper hand, ensuring that you don’t settle for less than you deserve.