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The Role of Insurance Companies in Utah Personal Injury Cases

With decades of experience representing injured victims in Utah, we know what it takes to stand up to insurance companies and maximize your compensation. Let Flickinger Boulton Robson Weeks handle the legal battle while you focus on your recovery.

When you’re injured due to someone else’s negligence in Utah, dealing with insurance companies is an inevitable part of the personal injury claims process. While insurance providers play a crucial role in compensating victims for medical expenses, lost wages, and other damages, their primary goal is to minimize payouts. 

Understanding how insurance companies operate in personal injury cases can make all the difference in securing fair compensation. At Flickinger Boulton Robson Weeks, our experienced legal team is dedicated to protecting your rights and ensuring you don’t fall victim to common insurance tactics that could devalue your claim. 

Whether negotiating with adjusters or taking your case to court, we are committed to fighting for the compensation you deserve.

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How Insurance Companies Handle Personal Injury Claims

When an accident results in injuries, the at-fault party’s insurance company typically handles the claim. While insurers are responsible for compensating victims, their main objective is to minimize payouts. 

Understanding how insurance companies process personal injury claims can help victims avoid common pitfalls and ensure they receive fair compensation.

Filing the Claim and Initial Investigation

The claims process begins when the injured party files a claim with the at-fault party’s insurance provider. Depending on the circumstances, the victim may also need to file with their own insurance company, such as in cases involving uninsured or underinsured motorists.

Once the claim is received, the insurance company assigns a claims adjuster to investigate. This involves:

  • Reviewing police or accident reports to determine fault.
  • Examining medical records to assess injury severity.
  • Interviewing witnesses or involved parties.
  • Inspecting property damage, if applicable.

Although the investigation may seem routine, adjusters are trained to identify ways to limit the insurer’s financial liability. They may scrutinize medical treatments, question the necessity of procedures, or argue that pre-existing conditions contributed to the injuries.

The Initial Settlement Offer

Once the insurance company completes its investigation, it typically presents a settlement offer. However, this offer is often lower than what the victim truly needs to cover medical expenses, lost wages, and pain and suffering.

Insurance companies commonly use the following tactics to justify a low settlement:

  • Claiming the victim was partially at fault for the accident (comparative negligence).
  • Arguing that the injuries are not as severe as reported.
  • Suggesting that medical treatments were excessive or unnecessary.

Many victims accept low offers due to financial strain or fear of a lengthy legal battle. However, it is crucial to evaluate any settlement carefully before accepting it, as doing so may prevent the victim from seeking further compensation later.

The Negotiation Process

If the victim rejects the initial settlement, the negotiation process begins. At this stage, the insurance company may:

Request additional documentation, such as medical records and employment verification.

Delay responses to pressure the victim into settling for less.

Offer slightly higher settlements in small increments to test the victim’s patience.

Victims who negotiate independently often face challenges, as insurance adjusters have extensive experience handling claims and employ various strategies to minimize payouts. Seeking legal representation can help counter these tactics and increase the chances of obtaining a fair settlement.

Litigation as a Last Resort

If negotiations fail and the insurance company refuses to offer a reasonable settlement, the case may proceed to litigation. This means the victim files a lawsuit, and the matter is decided in court. While litigation can be time-consuming, it may be necessary to secure fair compensation.

During litigation, the insurance company may still attempt to settle, especially if they believe they could lose in court. An experienced personal injury attorney can guide victims through the legal process, present strong evidence, and advocate for maximum compensation.

Insurance companies handle personal injury claims with one primary goal: to minimize their financial liability. From low initial offers to prolonged negotiations and delay tactics, insurers often make it difficult for victims to recover the compensation they deserve. 

Understanding these strategies and working with a knowledgeable attorney can help level the playing field and ensure that accident victims receive the full amount to which they are entitled.

Common Tactics Insurers Use to Reduce Payouts

Insurance companies are businesses focused on minimizing financial losses, which means they often use strategic tactics to reduce the amount they pay on personal injury claims. Victims seeking compensation for medical bills, lost wages, and other damages may face challenges when insurers prioritize profit over fair settlements. 

Understanding these common tactics can help claimants protect their rights and avoid settling for less than they deserve. delays.

Offering a Quick, Low Settlement

One of the most common tactics insurers use is offering a settlement shortly after the accident. While this may seem like a sign of good faith, the goal is to get victims to accept compensation before fully understanding the extent of their injuries. 

Many injuries, especially those involving soft tissue or long-term complications, do not manifest immediately, and accepting a quick settlement can prevent the victim from seeking additional compensation later.

Disputing Liability

Insurance adjusters frequently attempt to shift blame away from their policyholder to reduce or deny payouts. They may argue that:

  • The victim was partially or entirely responsible for the accident (comparative negligence).
  • There is insufficient evidence proving the insured’s fault.
  • A third party was responsible, complicating the claims process.

By disputing liability, insurers hope to either lower the amount they must pay or avoid paying altogether. Victims should gather as much evidence as possible, including witness statements, photographs, and police reports, to counter these arguments.

Downplaying Injuries and Medical Costs

Another common strategy is minimizing the severity of injuries and questioning medical expenses. Insurers may claim that the victim’s injuries are not as serious as reported or that certain treatments were unnecessary. They may:

  • Argue that the injuries are pre-existing or unrelated to the accident.
  • Suggest that medical procedures, therapies, or medications are excessive.
  • Require repeated medical evaluations or additional documentation to delay payments.

By downplaying injuries, insurance companies attempt to justify lower settlement offers. Victims should follow their doctor’s treatment plan and keep detailed medical records to support their claims.

Using Delay Tactics

Insurance companies know that financial pressure can push victims into accepting lower settlements. They often use delay tactics to wear down claimants, such as:

  • Repeatedly requesting unnecessary paperwork.
  • Taking an extended time to respond to communications.
  • Claiming the case is still under review, even when it isn’t.

These delays are designed to frustrate victims and create financial strain, making them more likely to accept a lower payout just to move forward. Having an attorney can help keep the process moving and prevent unnecessary delays.

Misinterpreting Policy Terms

Some insurers attempt to misrepresent policy coverage, telling victims they are not entitled to certain benefits or that specific damages are not covered. In some cases, they may even attempt to shift the burden onto the victim’s own insurance instead of paying out under their policyholder’s coverage.

Insurance companies use various strategies to limit payouts, including quick lowball settlements, disputing liability, downplaying injuries, delaying claims, and misinterpreting policies. These tactics are designed to protect their bottom line rather than provide fair compensation. 

Victims who understand these methods and seek legal representation are better equipped to secure the compensation they deserve.

How to Negotiate with an Insurance Adjuster

Negotiating with an insurance adjuster is a critical step in securing fair compensation after an accident. While adjusters may seem friendly and cooperative, their primary job is to minimize the insurance company’s payout. 

Understanding how to navigate these negotiations can significantly affect the final settlement amount.

Be Prepared with Strong Evidence

Before beginning negotiations, gather all necessary documentation to support your claim. The more evidence you have, the harder it will be for the insurance company to undervalue your case. Essential documents include:

  • Medical records and bills detailing your injuries and treatment.
  • Police or accident reports establishing fault.
  • Photographs and videos of the accident scene and injuries.
  • Witness statements supporting your version of events.
  • Proof of lost wages if your injuries prevented you from working.

Providing clear and well-documented evidence strengthens your position and prevents the adjuster from questioning the legitimacy of your claim.

Do Not Accept the First Offer

Insurance adjusters often start with a low settlement offer, hoping the claimant will accept without negotiation. This initial offer is rarely fair and is designed to save the insurer money. 

Instead of agreeing right away, carefully evaluate the offer and compare it to your actual damages. Politely decline and present a counteroffer based on the documented costs of your medical treatment, lost income, and other losses.

Stay Professional and Assertive

While negotiations can be frustrating, it is crucial to remain calm and professional. Avoid emotional appeals, as adjusters base their decisions on financial considerations, not sympathy. Be firm in stating your case and backing up your demands with evidence. If the adjuster tries to undermine your claim, calmly refute their arguments with facts and documentation.

Understand Insurance Tactics

Adjusters use various strategies to pressure claimants into accepting lower settlements. Common tactics include:

  • Questioning the severity of injuries to reduce medical compensation.
  • Delaying responses will frustrate the claimant into settling.
  • Blaming the victim by arguing comparative negligence.

Being aware of these tactics allows you to counter them effectively. Provide detailed medical reports if the adjuster claims your injuries are not serious. If they delay responses, follow up regularly and document communication.

Know the Value of Your Claim

Before negotiating, determine the true value of your claim by considering all damages, including:

  • Medical expenses (past, current, and future).
  • Lost wages and reduced earning capacity.
  • Pain and suffering, emotional distress, and diminished quality of life.

Do not let the adjuster dictate what your claim is worth. If they continue offering less than what you deserve, be prepared to escalate your case by seeking legal representation.

Consider Hiring a Lawyer

If negotiations stall or the adjuster refuses to offer a fair settlement, consulting a personal injury attorney can strengthen your case. Insurance companies take legal representation seriously, and having an attorney can increase your chances of receiving full compensation.

By understanding the negotiation process and standing firm, you can effectively advocate for your rights and maximize your settlement.

When to Hire a Lawyer to Deal with the Insurance Company

While some personal injury claims can be settled without legal representation, there are many situations where hiring a lawyer is essential to ensuring fair compensation. 

Insurance companies have teams of adjusters and attorneys working to minimize payouts, and without proper legal guidance, victims may receive far less than they deserve. Knowing when to seek legal help can make a significant difference in the outcome of a claim.

When the Insurance Company Offers a Low Settlement

If the insurer presents a settlement that does not cover your medical bills, lost wages, and other damages, it’s a clear sign that they are undervaluing your claim. A lawyer can assess the full extent of your losses, negotiate aggressively, and push for a fair settlement.

When Liability is Disputed

Insurance companies often try to shift blame onto the victim to reduce or deny payouts. If the adjuster argues that you were partially or fully at fault, an attorney can gather evidence, consult experts, and build a strong case proving the other party’s liability.

How to Negotiate with an Insurance Adjuster

Negotiating with an insurance adjuster is a critical step in securing fair compensation after an accident. While adjusters may seem friendly and cooperative, their primary job is to minimize the insurance company’s payout. 

Understanding how to navigate these negotiations can significantly affect the final settlement amount.

Be Prepared with Strong Evidence

Before beginning negotiations, gather all necessary documentation to support your claim. The more evidence you have, the harder it will be for the insurance company to undervalue your case. Essential documents include:

Medical records and bills detailing your injuries and treatment.

Police or accident reports establishing fault.

Photographs and videos of the accident scene and injuries.

Witness statements supporting your version of events.

Proof of lost wages if your injuries prevented you from working.

Providing clear and well-documented evidence strengthens your position and prevents the adjuster from questioning the legitimacy of your claim.

Do Not Accept the First Offer

Insurance adjusters often start with a low settlement offer, hoping the claimant will accept without negotiation. This initial offer is rarely fair and is designed to save the insurer money. 

Instead of agreeing right away, carefully evaluate the offer and compare it to your actual damages. Politely decline and present a counteroffer based on the documented costs of your medical treatment, lost income, and other losses.

Stay Professional and Assertive

While negotiations can be frustrating, it is crucial to remain calm and professional. Avoid emotional appeals, as adjusters base their decisions on financial considerations, not sympathy. Be firm in stating your case and backing up your demands with evidence. If the adjuster tries to undermine your claim, calmly refute their arguments with facts and documentation.

Understand Insurance Tactics

Adjusters use various strategies to pressure claimants into accepting lower settlements. Common tactics include:

  • Questioning the severity of injuries to reduce medical compensation.
  • Delaying responses will frustrate the claimant into settling.
  • Blaming the victim by arguing comparative negligence.

Being aware of these tactics allows you to counter them effectively. Provide detailed medical reports if the adjuster claims your injuries are not serious. If they delay responses, follow up regularly and document communication.

Know the Value of Your Claim

Before negotiating, determine the true value of your claim by considering all damages, including:

  • Medical expenses (past, current, and future).
  • Lost wages and reduced earning capacity.
  • Pain and suffering, emotional distress, and diminished quality of life.

Do not let the adjuster dictate what your claim is worth. If they continue offering less than what you deserve, be prepared to escalate your case by seeking legal representation.

Consider Hiring a Lawyer

If negotiations stall or the adjuster refuses to offer a fair settlement, consulting a personal injury attorney can strengthen your case. Insurance companies take legal representation seriously, and having an attorney can increase your chances of receiving full compensation.

By understanding the negotiation process and standing firm, you can effectively advocate for your rights and maximize your settlement.

When to Hire a Lawyer to Deal with the Insurance Company

While some personal injury claims can be settled without legal representation, there are many situations where hiring a lawyer is essential to ensuring fair compensation. 

Insurance companies have teams of adjusters and attorneys working to minimize payouts, and without proper legal guidance, victims may receive far less than they deserve. Knowing when to seek legal help can make a significant difference in the outcome of a claim.

When the Insurance Company Offers a Low Settlement

If the insurer presents a settlement that does not cover your medical bills, lost wages, and other damages, it’s a clear sign that they are undervaluing your claim. A lawyer can assess the full extent of your losses, negotiate aggressively, and push for a fair settlement.

When Liability is Disputed

Insurance companies often try to shift blame onto the victim to reduce or deny payouts. If the adjuster argues that you were partially or fully at fault, an attorney can gather evidence, consult experts, and build a strong case proving the other party’s liability.

When You Have Severe Injuries

For serious injuries requiring extensive medical treatment, ongoing care, or resulting in long-term disability, hiring a lawyer is crucial. They can:

Calculate future medical costs and lost earning potential.

Ensure you receive compensation for pain and suffering.

When the Insurance Company Delays or Denies Your Claim

Legal intervention can force the insurer to act in good faith if they are stalling, requesting unnecessary paperwork, or outright denying a valid claim.

Hiring an experienced personal injury attorney levels the playing field, protects your rights, and increases the likelihood of securing the compensation you deserve.

Flickinger Boulton Robson Weeks

Dealing with insurance companies after a personal injury can be challenging, especially when they prioritize their profits over your recovery. At Flickinger Boulton Robson Weeks, we understand the tactics insurers use to minimize payouts, and we are committed to fighting for the compensation you deserve. Whether you're facing a low settlement offer, disputed liability, or an uncooperative adjuster, our experienced legal team protects your rights and handles negotiations on your behalf. Don’t settle for less than you are entitled to. Let our Utah personal injury lawyers advocate for you. Contact us today at (801) 500-4000 for a free consultation and take the first step toward securing your future.