40 Arguments Insurance Companies Will Use to Defeat or Diminish Your Claim

1. You caused your own injuries because you weren't wearing a seatbelt.

1. You weren't wearing a seatbelt and thus were the cause of your own injuries.

2. Your car had equipment defects which contributed to the accident.

3. Your ability to drive was impaired by drugs or alcohol.

4. You didn't notice the other car until impact or immediately before impact and therefore were inattentive.

5. You exaggerated the wrongdoer's speed to the police and thus you are not credible.

6. You were exceeding the speed limit and could have avoided the accident if you had been going slower.

7. You gave no stop or turn signal or made an unsafe lane change.

8. You were not in the intersection first.

9. No independent witnesses were found to substantiate your version of the accident (the people in your car don't count).

10. According to our "book" this impact could not have caused the injury you are complaining of.

11. According to your prior medical records, your injuries already existed before the accident.

12. The accident was so minor it did not warrant the police to be summoned to come.

13. You refused a trip to the hospital after the accident.

14. The emergency department of the hospital you were taken to after the accident did not document any complaints of pain in the places that you are now complaining about.

15. You have no visible signs of injury.

16. You waited too long to see a doctor.

17. You saw the wrong type of doctor.

18. Your doctor's not credible because he or she is known for over-treating accident victims to make more money.

19. We know that your lawyer will never go to trial.

20. You have a history of other claims over the last ten years.

21. No other person involved in the accident had injuries.

22. There was very little damage to the car you were in.

23. (If you were a pedestrian) you walked into the car.

24. When you saw a doctor you forgot to give a history of other injuries you have sustained in the past.

25. At the time of the accident you were under the care of a physician for a prior accident.

26. Your complaints to the doctor were bizarre or exaggerated.

27. You were referred to your current doctor by a lawyer.

28. Our videotape surveillance shows that you can do many activities without appearing to be in pain.

29. The doctor's records indicate that he observed you walking normally when you did not know you were being watched.

30. You had a subsequent (later) accident which is the real cause of the problems you complain about from this accident.

31. The doctor your own insurance company forced you to see reports that you are actually uninjured and not in need of treatment.

32. You have unrelated medical problems such as arthritis or other pre-existing medical problems.

33. Your doctor did not recommend time off of work yet you took time off of work.

34. You did not miss any time from work.

35. You had a poor attendance record at work prior to the accident.

36. Your prior tax returns and/or Social Security records do not match up to the claims you are now making about lost wages.

37. You never filed tax returns in the past.

38. The statute of limitations (time limit) has run on your case.

39. You made a statement early on to the insurance company that you were not injured in the accident.

40. You are not a U.S. citizen.

Remember, it is the insurance adjuster's job and duty to seek out and find as many defenses and arguments as possible to your case. This starts very early when the adjuster wants to "take your statement" or have you "sign a few forms" or offers you a "quick settlement check."