How to Protect Your Personal Injury Claim from Insurance Tactics

If you’ve been injured in an accident and are pursuing a personal injury claim, chances are you’ll be dealing with an insurance company. While these companies often present themselves as helpful and cooperative, it’s important to understand their true goal, which is to limit payouts. Whether it’s your insurer or the other party’s, adjusters are trained to protect the company’s bottom line, not your best interests.

In Michigan, the process of recovering damages can be complicated by no-fault laws, claim deadlines, and aggressive insurance strategies. Knowing how to navigate these challenges is key to preserving your rights and securing the compensation you deserve.

Recognize That Insurance Companies Are Not on Your Side

Many accident victims assume they’ll be treated fairly by insurers, especially if they’ve paid their premiums on time. But when it comes to injury claims, fairness often takes a backseat. Insurance adjusters may seem friendly or concerned, but their job is to gather information that can be used to reduce or deny your claim.

This doesn’t mean every adjuster is dishonest. However, their interests are not aligned with yours. Being aware of this dynamic is the first step in avoiding mistakes that can harm your case.

Be Careful What You Say Early On

Shortly after the accident, you may receive a phone call from an insurance adjuster. They may ask for a recorded statement or want to talk about the details of the crash. It’s critical to approach these conversations with caution.

What you say during these early calls can be used against you later. Even casual remarks like “I’m feeling okay” or “I didn’t see the other driver” can be twisted to suggest your injuries aren’t serious or that you were partially at fault.

Here’s how to protect yourself:

• Keep conversations brief
• Do not admit fault or speculate
• Avoid discussing injuries until you’ve seen a doctor
• Decline to give a recorded statement without legal guidance

You are not legally required to provide a recorded statement to the other party’s insurer. If you're unsure how to respond, refer them to your attorney.

Don’t Accept a Quick Settlement Offer

Insurance companies sometimes offer a fast payout soon after the accident. While it may seem helpful to receive money quickly, these early offers are rarely in your best interest. They’re designed to close the case before you know the full extent of your injuries or the long-term impact on your life.

Accepting a low settlement can prevent you from pursuing further compensation. Once you sign a release, you usually waive the right to file additional claims related to the accident.

Before agreeing to any settlement:

• Get a full medical evaluation
• Understand all current and future expenses
• Consult with a personal injury lawyer

A fair settlement should reflect the total value of your damages, not just your initial hospital bill.

Avoid Social Media While Your Case Is Open

One of the most overlooked ways insurance companies investigate claims is through social media. Adjusters or investigators may review your posts, photos, and comments to find anything that contradicts your reported injuries.

Even something as simple as a picture of you attending a family gathering can be used to argue that your pain or limitations are exaggerated. Comments made by friends or family members can also be taken out of context.

To stay safe online during your case:

• Avoid posting updates about your health or the accident
• Set profiles to private, but remember nothing is truly hidden
• Ask friends and family not to tag or mention you in posts
• Don’t delete existing posts without legal advice—it can look suspicious

Being cautious online is an easy but powerful way to protect your credibility.

Know Your Rights Under Michigan No-Fault Insurance

Michigan is a no-fault state, which means your own insurance company generally pays for your medical expenses and wage loss after a car accident, regardless of who caused it. However, no-fault benefits have limits, and recent changes to the law have created new complications.

For example, policyholders now choose different levels of personal injury protection (PIP) coverage. If you selected a lower limit, your benefits might run out before your treatment is finished.

If your injuries are serious enough to meet Michigan’s threshold for filing a third-party lawsuit, you may also be able to pursue damages for pain and suffering against the at-fault driver.

Navigating both no-fault benefits and potential lawsuits requires careful planning. Insurance companies may not explain all your options, so it’s important to speak with someone who can.

Stay on Top of Medical Treatment

Insurance companies watch closely to see if you’re following your doctor’s recommendations. Gaps in treatment or failure to attend follow-up appointments may be used as evidence that your injuries aren’t as severe as you claim.

Try to:

• Attend every scheduled medical visit
• Follow through on physical therapy or rehabilitation
• Keep copies of all records, prescriptions, and bills
• Notify your doctor about any changes in your condition

Documenting your recovery in real time builds a strong case for damages and limits the insurance company’s ability to argue otherwise.

Let Your Attorney Handle Communication

Once you’ve hired a personal injury lawyer, let them take the lead when dealing with insurance adjusters. Your attorney understands the language insurers use and the strategies they rely on to devalue claims.

By managing communication on your behalf, your lawyer helps:

• Prevent you from saying something that could hurt your case
• Push back against unreasonable delays or denials
• Negotiate a settlement based on the real value of your injuries
• Prepare your case for court if a fair agreement can’t be reached

Trying to manage a claim on your own can be overwhelming, especially if you’re also dealing with pain and recovery. Having legal support levels the playing field.

Protect Your Claim with a Trusted Personal Injury Attorney

After an accident, it's understandable to want things resolved quickly. But when insurance companies are involved, it’s important to proceed carefully. What may seem like a straightforward claim can become complicated once adjusters begin working to limit your compensation.

By knowing your rights, watching what you say, and working with an experienced personal injury attorney, you can protect your claim from common insurance tactics. At Smith & Johnson, we’re committed to helping injury victims across Michigan stand up to insurers and pursue the full recovery they deserve. Don’t let pressure or delay tactics keep you from getting the support you need to move forward with confidence.