Attorney at Graves McLain Injury Lawyers

Practice Areas: Wrongful Death, Medical Malpractice, Bad Faith Insurance, Car Accidents, T-Bone Tractor-Trailer Accidents, Dangerous Drugs

When you’re injured in an accident, your focus should be on healing—not battling insurance companies. However, many people quickly learn that filing a claim is rarely simple. Insurance providers may use a range of tactics to reduce what they owe. Understanding these methods can help you avoid mistakes that hurt your case.

This post walks you through how insurance companies try to undervalue claims and what steps you can take to protect yourself.

Why Insurance Companies Try to Pay Less

Insurance companies are not neutral third parties. They are for-profit businesses with one main goal: to spend less. Even when your injuries are real, and your expenses are high, the adjuster’s job is to limit the payout.

Without legal help, many accident victims end up accepting less than they deserve. That’s why it’s important to know what to watch for.

Common Tactics Used to Undervalue Claims

Insurance companies use a variety of strategies—some subtle, others aggressive—to reduce what they pay out. Below are some of the most common ones and what you can do about them.

Personal Surveillance

If you’ve filed an injury claim, don’t be surprised if you’re being watched. Insurance companies often hire investigators to follow you, intending to observe you engaging in behavior inconsistent with your injury report.

Even everyday actions like walking your dog or carrying groceries could be twisted to argue that your injuries aren’t serious.

Anything you say in a recorded statement can be used against you, even if taken out of context. You are not required to state the other party’s insurance adjuster. – National Association of Insurance Commissioners (NAIC)

Monitoring Your Social Media

Your social media profiles are fair game. Posts, photos, and comments—even from before your accident—can be used to question the severity of your injuries. An old hiking photo or a birthday party selfie might not tell the whole story, but they can be used to weaken your case.

Social media evidence is increasingly admissible in personal injury cases. A single photo or status update can be misinterpreted to challenge the extent of your injuries. – Oklahoma Bar Journal, 2022

Adjusters Calling You Right After the Accident

Insurance adjusters often reach out within days of a crash. They may sound polite, but their goal is to get you talking—and to get your statement on record.

These conversations are typically recorded. Anything you say can be used to deny part of your claim later. It’s best to speak to a lawyer first before saying anything.

Requesting Access to All Your Medical Records

Insurance companies may ask you to sign a medical release form. But these forms often give them access to your entire medical history—not just records related to the accident.

They may then try to argue that your injury was not connected to the collision and was pre-existing. Always review these requests carefully, and consider having an attorney manage what information is shared.

Telling You Not to Hire a Lawyer

One of the most common strategies is to tell you that you’ll save money by handling the claim yourself. However, studies show otherwise.

Insurance companies have entire legal departments working to minimize payouts. Injury victims without legal help often accept settlements far below what they may actually deserve. – Insurance Research Council

Hiring a lawyer protects your rights and often leads to higher settlements, even after fees are considered.

Legal Protections in Oklahoma Injury Cases

Oklahoma law offers protection to those injured by someone else’s negligence. One important rule is the comparative negligence law.

Under Oklahoma’s comparative negligence law, Your compensation can be reduced if it is found that you are partially to blame. (23 O.S. § 13)”

This means that if you’re found partly responsible for causing the accident, the amount of compensation you get may be decreased by that percentage. Insurance companies often try to use this rule to their advantage. Having an experienced attorney on your side can help ensure that fault is determined reasonably.

What an Attorney Can Do for You

A personal injury attorney levels the playing field. At Graves McLain Injury Lawyers, our team gathers the evidence, negotiates with adjusters, and protects you from the insurance company’s tactics.

Attorneys know how to calculate the real cost of your injuries—medical bills, lost income, pain, and suffering—and can push back when the insurance company offers too little.

How Insurance Companies Try to Undervalue Injury Claims

Tactic Used

How It Works

What You Can Do

SurveillanceThey observe daily activities to argue you’re not seriously injured.Avoid strenuous tasks in public and follow medical advice.
Social MediaPublic posts/photos can be used to discredit your injury.Set profiles to private and avoid posting about your health.
Adjuster CallsQuick, friendly calls aim to extract statements.Politely decline until you’ve spoken with a lawyer.
Medical Records RequestsThey look for past injuries to claim pre-existing conditions.Only share relevant medical records under legal guidance.
Discouraging LawyersSuggest lawyers aren’t needed to save costs.Know that settlements are often higher with legal counsel.

Frequently Asked Questions

Why would an insurance company want to undervalue my injury claim?

Insurance companies aim to reduce costs and protect their bottom line. Offering low settlements is a common tactic to close cases quickly and cheaply.

Should I talk to the insurance adjuster after my accident?

Not without all advice. Adjusters may seem helpful, but their goal is to minimize our claim. Anything you say could be used to reduce your compensation.

Can the insurance company access my entire medical history?

Only if you permit them can you limit access to records relevant to your injury claim, ideally with legal oversight.

How does Oklahoma’s comparative fault law affect my claim?

If you’re found partially at fault, your compensation can be reduced in proportion to your share of the blame. Legal help ensures accurate fault assessment.

Is it true that people who hire lawyers get better settlements?

Yes. Studies by the Insurance Research Council show that people who hire attorneys often recover more than those who don’t—even after fees.

What should I do if my claim is denied?

If your claim is denied, request a written explanation and contact a personal injury attorney immediately. Denials can sometimes be overturned or negotiated.

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Conclusion

Insurance companies are trained to protect their bottom line, not yours. They may use surveillance, social media, or quick calls to gather anything that helps them pay less. But by understanding their tactics, you can take steps to protect yourself.

If you’ve been injured in a car accident or another type of personal injury case in Oklahoma, you have rights. A qualified attorney can help ensure your story is heard, your losses are fully considered, and your claim is handled fairly.

Graves McLain Injury Lawyers has experience guiding clients through these challenges. We’re here to help when you’re ready.

When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.

  • I knew my auto accident wouldn’t be worth much and they knew it too but worked as if it was a million dollar case and kept me informed hope I never need an attorney again but if I do it’ll be graves mclain I brag on them to everyone

    Margie C

  • The staff is great and super friendly. They helped me get the money I deserved. I would definitely recommend them to everyone!

    CiCi H

  • My orthopedic doctor recommended Graves McLain Injury Lawyers, PLLC, to me following the need for revision hip surgery due to a hip from Stryker that was putting poison into my system. The doctor took care of the hip, and Graves McLain Injury Lawyers, PLLC, took care of the legal case. They were very thorough, professional, courteous, and always ready to answer the questions I had throughout the length of the case. In a word, the entire office is fantastic. I’m sure they were tired of my inquiries on the case’s progress, but they did not show it. They were always willing to respond and were very positive. If I ever have a claim in the future, they will be the first group to whom I reach out.

    Robert S.

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