If you’ve been injured in a car accident in Massachusetts, you may expect the insurance company to fairly compensate you for your medical bills, lost wages, and pain and suffering. Unfortunately, insurance companies are not on your side. Their goal is to minimize payouts, and they have an arsenal of tactics to undervalue or deny claims.
Understanding these strategies can help you protect your rights and maximize your compensation.
1. Claiming Your Injuries Are Pre-Existing
How They Do It:
The insurance company will dig into your medical history, looking for any prior injuries or conditions they can use against you. If you had any past neck, back, or joint issues, they might argue your pain is from a pre-existing condition rather than the accident.
How to Fight Back:
• Seek medical treatment immediately after the accident and follow all doctors’ recommendations.
• Work with your physician to document how your injuries worsened due to the accident.
• An experienced personal injury attorney can push back on this argument with expert testimony and medical records.
2. Downplaying Your Injuries
How They Do It:
Insurance adjusters might argue that your injuries are minor or that you’re exaggerating your pain. They may scrutinize your medical records, looking for gaps in treatment or early discharge from care.
How to Fight Back:
• Never downplay your pain—be honest with your doctors and follow their recommended treatment plan.
• Keep a pain journal documenting how your injuries impact your daily life.
• An attorney can help ensure your medical records fully reflect the impact of your injuries.
3. Using Your Social Media Posts Against You
How They Do It:
Insurance companies monitor your social media accounts for any evidence that contradicts your injury claims. A picture of you at a social event, traveling, or doing physical activities can be twisted to suggest you’re not as injured as you claim.
How to Fight Back:
• Avoid posting anything about your accident, injuries, or physical activities.
• Set your social media accounts to private, but understand that insurers can still access certain information.
• Tell friends and family not to tag you in photos or check-ins.
4. Pressuring You to Accept a Lowball Settlement
How They Do It:
Shortly after your accident, an adjuster may offer a quick settlement before you fully understand the extent of your injuries. They’ll say it’s a “fair offer” and push you to accept it before you’ve had a chance to consult an attorney.
How to Fight Back:
• Never accept a settlement without knowing the full scope of your medical treatment and long-term recovery needs.
• Speak with a personal injury attorney before agreeing to any offer.
• A lawyer can negotiate with the insurance company to secure a fair settlement.
5. Delaying the Claims Process
How They Do It:
Insurance companies may intentionally delay processing your claim, hoping you’ll become frustrated and desperate enough to accept a lower settlement. They may ask for excessive paperwork or claim they need more time to investigate.
How to Fight Back:
• Keep detailed records of all communications with the insurance company.
• Follow up regularly and document delays.
• An attorney can apply legal pressure to force the insurer to act in good faith.
6. Arguing You Were Partially at Fault
How They Do It:
Massachusetts follows a comparative negligence rule, meaning if you’re found partially at fault for the accident, your compensation can be reduced proportionally. Insurers may try to shift blame onto you to minimize your payout.
How to Fight Back:
• Never admit fault at the accident scene or to the insurance company.
• Gather as much evidence as possible—police reports, witness statements, and accident photos.
• A skilled attorney can challenge these allegations with expert accident reconstruction and legal arguments.
Why Having an Attorney Makes a Difference
The personal injury claims process is filled with traps designed to reduce or deny your compensation. An experienced attorney can:
✅ Handle all communication with the insurance company
✅ Gather evidence to strengthen your case
✅ Negotiate for the maximum settlement you deserve
✅ Take your case to court if necessary
Don’t Let the Insurance Company Undervalue Your Claim—Fight Back!
If you’ve been injured in an accident, don’t go up against the insurance company alone. They have teams of adjusters and lawyers working against you—you deserve an experienced advocate fighting for your rights.
📞 Contact us at the Law Offices of Scott M . Syat, P.C. at (617)773-3500 today for a free consultation. We’ll handle the legal battle so you can focus on healing.