How Insurance Companies Try to Undervalue Personal Injury Claims (And How to Fight Back)

Every year, thousands of New York residents suffer from injuries that were not their fault. More than 155,000 New Yorkers sustain injuries severe enough to require hospitalization, and nearly 8,000 New Yorkers die annually from those injuries. And behind many of those cases, an insurance company is diligently working to cut costs and underpay these injury victims. If you sustain an injury in New York, do not let these companies do that to you. Let our personal injury lawyers teach you their tactics and how to counter them.

Why Do Insurance Companies Undervalue Claims?

Insurance companies operate primarily for profit, not to help victims. First and foremost, they seek to maximize shareholder value by minimizing expenses and claim payouts. When you file a personal injury claim, you essentially ask them to part with their money, which creates an inherent conflict of interest.

What Tactics Do Insurance Companies Use to Undervalue Claims?

Insurance adjusters often contact injury victims soon after an accident, sometimes during hospital stays, offering what seems like a reasonable settlement. Unfortunately, these early offers typically reflect only a fraction of a claim’s true worth.

If you contest their claim offer, the insurance adjusters assigned to your case may question the severity of your injuries or claim that you had preexisting conditions. They may also nitpick the necessity of your treatment or the speed of your recovery. Especially in New York, where the "No-Fault Law" requires that you have to prove your injuries met or exceeded the insurance "serious injury" threshold (which includes dismemberment, significant disfigurement, fracture, loss of a fetus, and permanent loss or significant limitation of use of a body organ, member, function, or system) to file a personal injury lawsuit, these objections can cause a serious roadblock on your road to compensation.

How Can You Fight Back Against Insurance Company Tactics?

Keep detailed records of all your medical treatments, expenses, emails, or calls with the insurance companies, and the impact of your injuries on your life. If you want to claim compensation for your medical expenses, lost wages, and pain and suffering, you need to prove exactly how much you lost. And proving this loss requires strong evidence.

Also, do not accept their first offer. Take time to fully understand the extent of your injuries, including any long-term or permanent effects, before considering a settlement. Do not post online about your claim, as insurance companies may use your social media activity to challenge your sincerity.

How Can Working With an Experienced Personal Injury Lawyer Help?

Although you can file a claim without a lawyer, their lawyers and negotiators will have exponentially more experience than you. An experienced lawyer in personal injury law can help you understand what compensation you deserve, handle all the legal procedures in a timely manner, negotiate on your behalf with insurers and opposing counsel, and take your claim to court, if necessary. You will always have your best shot at fair compensation with a dedicated personal injury lawyer at your side to counter the tactics of insurance companies.

Obtain Justice With Help From the Hamburg Personal Injury Lawyers at Dan Chiacchia Injury Attorneys

The experienced Hamburg personal injury lawyers at Dan Chiacchia Injury Attorneys are ready to help you with your personal injury claim. We provide representation to a wide variety of personal injury clients, including those in motor vehicle collisions, construction accidents, slip and falls, defective products, skiing accidents, ATV wrecks, boating accidents, and animal attacks. Call 716-648-3030 or fill out the provided online form for a free case review. Located in Hamburg, New York, we proudly serve clients in West Seneca, Orchard Park, Lackawanna, Cheektowaga, Erie County, and the rest of the county.

Testimonials

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"I highly recommend Dan Chiacchia of Chiacchia & Fleming. Clear and prompt communication, knowledgeable advice, respectful care and excellent results. He explained each step and my options while offering great support. Thank you!"

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Shelly Cooper

Client
Google
"Dan Chiacchia handled my car accident case timely and professionally. I was updated regularly on progress, and any calls I made to their office were responded to promptly. I really felt like my case and the outcome mattered to Dan and his staff. I would definitely utilize Chiacchia & Fleming ..."

Terri Parker

Client
Google
"Mr. Chiacchia & Lori worked very hard for my case for my car accident.They representing me & fought for what I deserved & got me the fullest amount possible for my case. They are great with making you feel comfortable & worthy of fighting for what you are worth & your pain &am..."

Melissa Knepper

Client
Google
"Working with Dan was the least stressful thing out of a stressful situation. He worked tirelessly and it showed when needed! Just results!!"

Michelle Rickard

Client
Google
"Dan Chiacchia...excellent attorney. Humble, personable, compassionate, attentive, professsional. Highly recommend."

Deborah Plumeri

Client
Google