Dealing with Insurance Companies in Personal Injury Cases

Clayton T. Hasbrook
Managing Attorney
Hasbrook & Hasbrook Personal Injury Lawyers

Dealing with Insurance Companies in Personal Injury CasesAfter an accident, most people expect the insurance company to help cover the costs. But the truth is, insurance companies operate to make a profit, and not to do what’s in your best interest. They often try to minimize payouts and move fast to close the case before the injured party understands the full extent of their injuries, costs, and legal options.

Hasbrook & Hasbrook Personal Injury Lawyers helps injured victims in Oklahoma handle the personal injury claims process with clarity and confidence. Our legal team has helped many people just like you stand up to insurance providers and claims adjusters, making sure they don’t fall for tricks, pressure, or unfair offers.

Whether you’re dealing with mounting medical bills, property damage, or lost wages, we work hard to protect your legal rights and help you recover compensation that reflects the true impact of the accident.

Why Insurance Companies Aren’t Always on Your Side

While adjusters may sound friendly, their goal is usually to protect the insurance company, not to help you. Their job is to settle the claim quickly and for the lowest possible amount. In some cases, insurance companies will use delay tactics, ask confusing questions, or try to find evidence of pre existing conditions to lower the payout.

Some may even use a common tactic of blaming you or claiming your injuries aren’t as serious as they really are. This is why having a lawyer can make a big difference in your personal injury claim. A trusted legal representative can step in to speak for you and help you avoid accepting less than what your case is worth.

What to Do After an Accident Before Speaking to Insurance

What to Do After an Accident Before Speaking to Insurance1. Get Medical Treatment First: Your health should always come first. Get prompt medical care and follow through with all appointments and ongoing treatment. Not only does this help your recovery, but it also creates records that support your personal injury claim.

2. Document the Accident Scene: If you’re able, take photos of where the accident occurred, your injuries, any property damage, and anything else that helps show what happened. These details can be very useful later.

3. Collect Witness Information: Get names and contact info from anyone who saw the accident. Their witness statements can help prove what caused the accident and who was the responsible party.

4. Avoid Admitting Fault: Even saying “I’m sorry” can be used against you. Never guess what caused the accident or say anything that may sound like you were the at fault party, even if you’re just being polite.

Communicating with Insurance Adjusters

What You Should (and Shouldn’t) Say

Only give basic information like your name, contact info, and the date of the accident. Don’t talk about your injuries, your medical care, or what caused the accident. Adjusters may try to use your words against you to reduce your claim’s actual value.

Recorded Statements: Why to Decline Without a Lawyer

Claims adjusters often ask you to record a statement. But they may ask confusing or unfair questions. You should never give a recorded statement without talking to a lawyer first.

Watch for Tricky Questions That Minimize Your Injuries

Some questions are designed to make your injuries seem small or unimportant. They may ask if you’re feeling better, even if your treatment just started. This is a common tactic that helps them avoid paying fair compensation.

Understanding the First Settlement Offer

Understanding the First Settlement OfferThe first offer is often much lower than what your case is really worth. Insurance companies hope you’ll take it quickly and close the case before you know the full extent of your medical expenses or long-term effects.

Initial offers rarely include money for future care, missed work, emotional distress, or lasting damage. They often leave out things like future medical costs and pain that could last for years.

If you sign a release, you may give up your right to ask for more money, even if you later discover more serious injuries. A lawyer helps you avoid this mistake and keeps you protected throughout the process.

How a Personal Injury Lawyer Can Help With the Insurance Process

1. Handling All Communications: Your lawyer talks to the insurance company for you, so you don’t have to worry about saying the wrong thing or being pressured into accepting a lowball settlement.

2. Gathering Evidence to Strengthen Your Claim: Lawyers know how to collect medical records, doctor statements, witness statements, and detailed records to support your case. This makes it easier to prove your injuries and how the accident caused them.

3. Negotiating for a Fair Settlement: An experienced personal injury attorney knows how to secure fair compensation. They understand what your case is worth, how to deal with policy limits, and how to push back when the insurance company refuses to play fair.

4. Filing a Lawsuit if the Insurance Company Won’t Cooperate: If needed, your lawyer can take the next step and file a personal injury lawsuit. If the insurance company won’t make a fair offer, legal action can force them to take your legal case seriously.

Dealing with Your Own Insurance vs. the Other Party’s

Dealing with Your Own Insurance vs. the Other Party’sIn some cases, like a car accident where the other person has no insurance, you may need to use your own insurance policy. A lawyer can explain when this is the best option and how it affects your claim.

If your own insurance company pays for care up front, they may want to be paid back from your settlement. This is called subrogation. A lawyer can help protect your payout and make sure you’re not left with less than you need.

Red Flags and Bad Faith Insurance Practices

Watch out for signs of bad faith like delays, sudden denials, or refusal to explain decisions. If an insurance provider acts unfairly, your lawyer can hold them accountable. These actions are not just frustrating, but they may also break the law and hurt your ability to recover compensation.

FAQs

1. Why should I get legal representation instead of handling the claim on my own?

While it might seem easy to talk to the insurance company by yourself, many people don’t realize how quickly they can make mistakes. A lawyer provides strong legal representation and knows how to employ strategies that protect your rights, prevent delays, and make sure your claim includes all damages, especially if you are still receiving medical treatment or expect more costs in the future.

2. What are some tricks insurance companies use after an accident?

Tricks insurance companies often use include offering low settlements, blaming prior injuries, or suggesting that your pain isn’t related to the accident. They may even pressure you to talk or sign things before you’re ready. A lawyer knows how to stop these tactics and protect your best interest during the entire process.

3. Can the insurance company deny my claim based on pre-existing conditions?

Generally speaking, having prior injuries does not mean you lose your right to recover. If the accident made your old injuries worse, you may still be entitled to full compensation. Legal experts can help prove how the new accident caused additional harm and show that you still deserve a fair payout.

4. What if the other driver claims I caused the accident?

It’s common for the other side (or even their defense attorney) to try and shift the blame. But that doesn’t mean you’ll automatically lose your case. A good lawyer will gather evidence to show the truth and help make sure you’re not found personally liable when the other person was at fault.

5. What does it mean when an insurance company is settling my claim?

When an insurance company is settling, they’re offering you money to close the case. But just because they offer something doesn’t mean it’s fair. Before you accept, talk to a lawyer who knows personal injury law and can explain whether the amount truly covers your medical costs, lost wages, and pain.

Contact a Personal Injury Attorney for a Free Consultation

Contact a Personal Injury Attorney for a Free ConsultationIf you’ve been hurt and don’t know what to do next, talking to a lawyer can make everything clearer. Hasbrook & Hasbrook Personal Injury Lawyers knows how stressful it is to deal with the insurance company, especially when you’re in pain, out of work, and trying to focus on receiving medical treatment. That’s why we’re here to help you feel heard, protected, and supported every step of the way.

Our team is trained in personal injury law and has years of experience handling tough injury claims. Whether you’re facing high medical bills, pressure to accept a low offer, or confusing paperwork, we can help. We’ll review your case for free, explain your rights, and give you clear next steps without any pressure. If you hire us, you won’t pay unless we win your case.

Contact us today to schedule your free consultation and let us help you get the fair compensation you deserve.

Posted in Personal Injury
Published by
Clayton T. Hasbrook
Clayton T. Hasbrook
About the Author
Clayton T. Hasbrook practices in general litigation, with an emphasis on personal injury law. In 2005, Clayton graduated cum laude from the University of Oklahoma with a Bachelor of Business Administration degree in Economics.
In 2008, Clayton earned his Juris Doctorate degree at the University of Oklahoma College of Law. He is admitted before all State Courts of Oklahoma and the Western District of Oklahoma. Clayton is a member of the Oklahoma Bar Association, Oklahoma County Bar Association, American Association of Justice, Oklahoma Association of Justice, Top 25 Motor Vehicle Trial Lawyers Association, and the National Trial Lawyers "Top 40 under 40."