Picture this: you’re cruising down a street in Provo, maybe heading home from a local restaurant or leaving a BYU campus event, when suddenly another car sideswipes you. The crash leaves you shaken, sore, and worried about medical bills or time off work. You file an insurance claim, expecting quick and fair compensation—only to find yourself tangled in a frustrating back-and-forth with adjusters who seem more interested in saving money than helping you.
This scenario is all too common. Many personal injury victims in Provo and beyond discover that insurance companies aren’t as eager to pay out as you might hope. The confusion and delays can aggravate an already stressful situation, leaving you anxious about mounting medical costs.
Fortunately, you don’t have to handle your insurance battle alone. By understanding how insurance companies operate and using proven strategies to negotiate a fair settlement, you can safeguard your finances and peace of mind. Flickinger Boulton Robson Weeks is here to guide you every step of the way.
Insurance companies are businesses, and their number one goal is to protect their bottom line. While policies promise coverage for accidents, the process of distributing funds often isn’t straightforward. Knowing how insurers approach personal injury claims can help you anticipate potential obstacles.
When you first report an accident to your insurer or the other driver’s insurance company, the claim is assigned to an adjuster. This individual will gather basic details, including your contact information and a brief description of what happened. They might also review any police reports, photos, or witness statements you provide.
The insurer’s next step is to assess liability—who caused the accident and to what degree. They look at evidence, such as traffic camera footage or statements from both drivers, to gauge whether their policyholder was at fault.
If it’s clear their policyholder caused the accident, the insurer might move to discuss a settlement. If the fault is contested, the investigation deepens.
Once an adjuster determines liability (or partial liability), they’ll evaluate your damages. Damages can be both economic (medical bills, lost wages) and non-economic (pain and suffering, emotional distress). The insurer typically reviews your medical records, bills, and other documentation to calculate what they think your injuries are worth. This process can be highly subjective, leaving room for negotiation.
Every insurance claim involves setting “reserves,” an internal dollar amount the company believes the claim might cost. This figure influences how the adjuster negotiates.
If the insurer sees clear evidence of severe injuries, they may set higher reserves and be more amenable to a larger settlement. Conversely, if they believe liability is unclear or your injuries are minimal, they may set a lower reserve, implying a smaller initial offer.
If the adjuster feels they have enough information, they may propose a settlement offer. However, this initial offer often doesn’t cover the full scope of your losses. Insurers expect some back-and-forth, especially if you have an attorney advocating on your behalf.
Should negotiations stall, a lawsuit might be filed. Many personal injury claims are still settled before going to trial, but the threat of litigation can compel insurers to offer fairer settlements. By preparing each claim meticulously, your lawyer can show the insurer you’re serious, often prompting a more favorable resolution without a lengthy court process.
Insurance companies handle personal injury claims with their financial interests at heart. Being aware of their process and motivations can help you stand firm when seeking fair compensation for your losses.
Insurance adjusters are trained negotiators who understand how to minimize payouts. While many adjusters act professionally, their job is to protect the company’s bottom line. Below are some tactics you may encounter when dealing with them:
One common strategy is to offer a settlement soon after the accident—often before you’ve fully grasped the extent of your injuries or calculated future medical expenses. By dangling immediate cash, the adjuster hopes to wrap up your claim inexpensively and prevent you from seeking additional funds later.
Adjusters might question the severity of your injuries, implying that your pain and suffering is exaggerated. They may request complete access to your medical records to find pre-existing conditions, then argue those conditions—not the accident—are responsible for your current issues.
Another tactic is to claim you share responsibility for the accident. Utah follows a modified comparative negligence standard, meaning if you’re found 50% or more at fault, you may not recover damages at all. Even a small percentage of blame can reduce your compensation.
By suggesting you were speeding, not paying attention, or otherwise contributed, the adjuster hopes to lower or deny your claim.
Some insurance companies intentionally delay the progress of your claim. They might take weeks to return calls, claim they haven’t received the necessary paperwork, or ask for redundant documentation. This can frustrate you into accepting a lower settlement just to end the ordeal.
If you visited a chiropractor, physical therapist, or other specialist, the insurer may question whether those treatments were “necessary” or whether the costs were “reasonable.” They might claim you received more care than warranted, cutting the amount they agreed to pay.
Adjusters sometimes ask for a recorded statement, suggesting it’s “just a formality.” During this call, they’ll prompt you with specific questions designed to elicit statements that minimize your claim. Anything you say can be used against you, so it’s wise to consult an attorney before giving a recorded statement.
Insurance companies frequently overlook non-economic damages (like emotional distress or reduced quality of life) in their initial offers. They might insist such claims are too subjective or hard to prove, hoping you’ll settle for just your medical bills.
Recognizing these tactics can help you stay alert and safeguard your interests. If you feel pressured or uncertain, seeking advice from a Provo personal injury lawyer is a smart step. An experienced attorney, like those at Flickinger Boulton Robson Weeks, can counter these strategies and ensure you pursue the settlement you deserve.
Securing a fair settlement often depends on how well you prepare and present your case to the insurance company. Below are some tried-and-true methods for negotiating successfully:
Strong evidence can significantly bolster your bargaining power. Keep thorough records, including:
The more concrete evidence you have, the harder it is for the insurer to minimize your claim.
Before entering negotiations, know what your personal injury claim might realistically be worth. This includes economic damages such as medical costs and lost wages, as well as non-economic damages for pain and suffering. An attorney can help you calculate a ballpark figure, giving you a baseline when considering settlement offers.
Insurance companies often bank on accident victims wanting quick resolutions. While it’s understandable to want closure, rushing into a settlement can leave money on the table—money you may need later for unexpected medical issues.
Be prepared for multiple rounds of back-and-forth. If the insurer drags things out, having a lawyer can relieve stress and keep the process moving.
Sharing every detail of your medical history with the adjuster can backfire. They may comb through your records to argue that a pre-existing condition is responsible for your current pain.
Provide documentation that clearly supports your injury claim, but speak with your attorney about what is truly necessary to disclose.
Insurance companies know that going to trial can be costly. If you show that you’re prepared to litigate (if needed), they might be more inclined to offer a fair settlement. Having a Provo personal injury lawyer known for trial readiness can push insurers toward a more reasonable offer without ever setting foot in court.
When an offer comes, don’t jump at it just because it’s more than you expected. Compare the proposed amount to your total projected costs—both now and in the future. Does it cover potential ongoing treatments, therapy, or lost earning capacity if you can’t return to your old job? If not, continue negotiating.
Even the best preparation can be complicated by legal nuances—like Utah’s modified comparative negligence or policy limits. Our experienced legal team at Flickinger Boulton Robson Weeks can clarify these issues, advocate for you, and handle most of the negotiation on your behalf.
By combining diligence, patience, and expert legal advice, you stand a far better chance of receiving a settlement that truly reflects your needs and the impact the accident has had on your life.
Navigating the insurance claims process on your own can be daunting, especially when you’re already dealing with pain, stress, and financial strain. At Flickinger Boulton Robson Weeks, our mission is to handle the legal complexities so you can focus on healing and rebuilding your life. Our attorneys have decades of experience in personal injury law, securing significant settlements and verdicts, including multi-million-dollar results for clients across Utah.
When you reach out to our Provo office, you’ll find a team that genuinely cares about your well-being. We listen to your story, gather critical evidence, and negotiate relentlessly on your behalf. If the insurance company refuses to offer a fair settlement, we’re fully prepared to take your case to court.
With a background in various personal injury areas—auto accidents, truck accidents, work injuries, and more—our attorneys know the most effective strategies to hold insurers accountable.
Don’t let an insurance company undervalue your claim or pressure you into an unfair agreement. Call Flickinger Boulton Robson Weeks at (801) 500-4000 to schedule a free consultation wih our Provo personal injury lawyers today.
We’ll help you understand your rights, estimate the true worth of your claim, and guide you toward the best path forward. Let us fight for the compensation you deserve while you prioritize your recovery and your peace of mind.
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