Insurance Claims
7 Insurance Tactics After an Accident
Insurance companies are not on your side. That friendly adjuster who calls you after an accident? They work for a billion-dollar corporation whose profits depend on paying you as little as possible. Every dollar they save on your claim goes directly to their bottom line.
After recovering over $100 million for injured clients in Las Vegas, I've seen every trick in the insurance company playbook. Here are the seven most common tactics adjusters use — and exactly how to protect yourself from each one.
Tactic #1: The Quick, Lowball Settlement Offer
This is the most common tactic, and it works more often than it should. Within days of your accident — sometimes within hours — the insurance company contacts you with a settlement offer. It might be $2,000, $5,000, or $10,000. It sounds like free money when you're stressed about medical bills.
Here's what they don't tell you: the offer is a fraction of what your claim is worth. They make the offer fast because they know you haven't yet discovered the full extent of your injuries. That $5,000 offer might be for a case worth $150,000 once you factor in future surgery, physical therapy, lost wages, and pain and suffering.
Once you accept a settlement and sign the release, it's over. You can never go back for more money, even if your injuries turn out to be catastrophic. I've consulted with clients who accepted $3,000 settlements for back injuries that later required $80,000 spinal fusion surgeries. Don't let this happen to you.
How to protect yourself: Never accept a settlement offer without first consulting an experienced personal injury attorney. Most offer free consultations — there's no risk in getting a professional evaluation of your claim's value before signing anything.
Tactic #2: The Recorded Statement Trap
The adjuster will call and ask you to provide a "recorded statement" about the accident. They'll frame it as routine — just a formality to process your claim. In reality, it's a carefully orchestrated interrogation designed to get you to say things that can be used against you.
Insurance adjusters are trained to ask questions like:
- "You're feeling better today, right?" — If you say yes, they'll argue your injuries aren't serious
- "Can you describe exactly what happened?" — They're looking for inconsistencies they can use to dispute your account
- "Had you been drinking that evening?" — Trying to establish contributory negligence
- "Did you see the other car before impact?" — Trying to shift partial fault onto you
How to protect yourself: You are not legally obligated to give a recorded statement to the other driver's insurance company. Politely decline and tell them your attorney will be in touch. Under Nevada's modified comparative negligence law (NRS 41.141), even a small percentage of fault assigned to you can reduce your recovery by that percentage — so every word matters.
Tactic #3: Disputing Your Medical Treatment
Insurance companies love to second-guess your doctors. Common approaches include:
- Claiming your treatment was "excessive" or "unnecessary"
- Arguing that your injuries are pre-existing, not caused by the accident
- Insisting you should have recovered by now
- Hiring their own "independent medical examiner" — a doctor paid by the insurance company — to dispute your treating physician's findings
These so-called independent medical exams (IMEs) are anything but independent. The doctors conducting them are paid by insurance companies, often hundreds of dollars per exam, and they routinely conclude that injured people are exaggerating or that their treatment is unnecessary. It's a profitable business for these doctors, and the insurance company gets the "expert opinion" it needs to deny your claim.
How to protect yourself: Follow your doctor's treatment plan consistently. Don't skip appointments or leave gaps in your treatment. Keep all records organized. And have an attorney who can counter the insurance company's hired experts with credible medical evidence supporting your claim.
Tactic #4: Surveillance
If your claim is significant enough, the insurance company may hire private investigators to follow you and record your activities. They're looking for video of you doing anything that contradicts your claimed injuries — carrying groceries, playing with your kids, exercising, or even just walking without visible difficulty.
They also monitor your social media accounts. A photo of you smiling at a family gathering can be presented in court as evidence that you're not suffering. A check-in at a gym, a post about a weekend trip — anything can be taken out of context and used to undermine your credibility.
How to protect yourself: Set all social media accounts to private. Don't post about your accident, injuries, or activities. Don't accept friend requests from people you don't know. And be honest about your limitations — don't exaggerate your injuries, but also don't push through pain to look "normal" when you're being watched.
Tactic #5: Delay, Delay, Delay
Time is on the insurance company's side, not yours. The longer they delay, the more financial pressure builds on you. Medical bills pile up. You can't work. Rent or mortgage payments come due. Eventually, many people cave and accept a low offer just to get some money flowing.
Insurance companies delay by:
- Requesting the same documents multiple times
- Claiming they need more time to "investigate"
- Transferring your claim to a new adjuster who has to "get up to speed"
- Not returning phone calls for days or weeks
- Raising new objections late in the negotiation process
How to protect yourself: An attorney signals to the insurance company that delay won't work. When Ryan Alexander files a case, the insurance company knows that continued delay will lead to litigation, discovery, and potentially a trial — which costs them far more than settling fairly. Nevada's Unfair Claims Practices Act (NRS 686A.310) also prohibits unreasonable delay in processing claims, providing additional leverage.
Tactic #6: Blaming You for the Accident
Even when the other driver is clearly at fault, the insurance company will look for ways to shift blame onto you. Nevada's modified comparative negligence law (NRS 41.141) means that if you're found even 1% at fault, your damages are reduced by that percentage. And if you're found 51% or more at fault, you recover nothing.
The insurance company might argue:
- You were distracted or on your phone
- You were speeding or failed to maintain proper lookout
- You weren't wearing a seatbelt (Nevada's seatbelt law, NRS 484D.495, can affect your claim)
- You failed to mitigate your damages by not seeking timely medical treatment
- Your injuries were caused by a pre-existing condition, not the accident
How to protect yourself: An experienced trial attorney can counter these arguments with evidence: police reports, witness testimony, traffic camera footage, accident reconstruction experts, and medical expert testimony. Ryan Alexander's 38+ jury trials give him firsthand experience rebutting these claims in front of juries.
Tactic #7: The "Friendly" Adjuster Routine
The adjuster might be the nicest person you've ever spoken with on the phone. They'll express concern for your well-being, ask about your family, and tell you they "just want to get this resolved quickly so you can move on."
Don't confuse friendliness with advocacy. The adjuster's job is to close your claim for as little money as possible. Their performance is measured by how much they save the company. The friendlier they are, the more likely it is that they're building rapport so you'll trust them and accept a low offer without consulting an attorney.
How to protect yourself: Be polite but guarded. Don't discuss the details of your injuries, treatment, or daily activities with the adjuster. Direct all substantive communication through your attorney. Remember: the adjuster is not your friend, your advocate, or your advisor. They work for the company that is trying to pay you as little as possible.
What to Do If You're Dealing With These Tactics
If you recognize any of these tactics in your own claim, take action now:
- Stop communicating directly with the insurance company. Let your attorney handle it.
- Don't sign anything — no releases, no medical authorizations, no recorded statements.
- Document everything. Keep records of every call, email, and letter from the insurance company.
- Get an experienced attorney. The playing field is not level when you're negotiating alone against a trained adjuster backed by a team of lawyers.
Ryan Alexander has spent his career fighting insurance companies on behalf of injured Las Vegas residents. With a Harvard Law education, 38+ jury trials, and over $100 million recovered, he has the experience and the track record to counter every tactic on this list. Consultations are always free, and you pay nothing unless we win.
Frequently Asked Questions
Is it illegal for insurance companies to use these tactics?
Should I accept the insurance company's first settlement offer?
Do I have to give a recorded statement to the other driver's insurance company?
What is insurance bad faith in Nevada?
How do I know if the insurance company's settlement offer is fair?
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