Auto insurance companies use all types of arguments and tactics to avoid paying claims. The following list contains arguments commonly used by insurance adjusters who want to pay you little or nothing for your injuries and other damages.
The insurance company may try to argue that:
1. Your vehicle was the cause of the wreck, due to bald tires, faulty brakes, or tail lights not working. (You need to check to make sure if it’s true or not. The adjustor might just be making it up.)
2. You had “warning of the danger” within enough time to have avoided the accident if only you had been paying attention. (State laws vary. Find out if this is a valid defense.)
3. You could have avoided the accident if you had not been going “too fast for conditions”. (This is one that adjustors throw around very often.)
4. You made an unnecessary and unexpected stop. (Usually bogus. It’s the person following who has the duty to keep a safe distance.)
5. You made a sudden and unsafe lane change without warning. (Is there any proof of this? Or just a red herring?)
6. You gave no “stop” or “turn” signal. (You know if you did or not. Do not be bullied!)
7. There are supposedly no “independent witnesses” who can be found to substantiate your version of what happened. (That’s their tough luck. Your testimony can prove what happened, all by itself.)
8. There are supposedly witnesses the insurance company knows about, who dispute your version of the facts or substantiate the wrongdoer’s version. (Fine, demand that they give you copies of the witness statements. Oftentimes, such statements don’t exist.)
YOU GET THE PICTURE… AND THERE ARE HUNDREDS MORE!
The Insurance Adjuster considers it their job to seek out and find as many defenses and arguments as possible against you in your case. The Adjuster will question you carefully, and NOT always fairly! It all starts when the Adjuster “Just wants to take your statement”. Do NOT give the insurance company a statement until AFTER you talk to an attorney.