This guide was reviewed by Bethany Schneider, Founder and Trial Lawyer.
If you have been injured in an accident in Georgia, you may expect the insurance company to handle your claim fairly. In reality, as soon as you file a personal injury claim — whether it involves a car accident, slip and fall, or truck crash — the insurer begins building a defense. Insurers have experienced adjusters, in-house attorneys, and data-driven tools, all focused on paying you as little as possible. Understanding these tactics is one of the most important steps you can take to protect your claim.
Why Do Insurance Companies Fight Personal Injury Claims?
The short answer is money. Insurance companies are businesses. Whether your claim is worth $20,000 or $2 million, their financial incentive is the same — pay out as little as possible on every claim. The more serious your injuries, the harder they fight.
What many people do not realize is that the adjuster calling to "help" you after an accident is not on your side. Their job is to gather information, identify weaknesses in your claim, and resolve it for as little as the company can get away with. Knowing what to expect can make a significant difference in the outcome of your case.
Common Defense Tactics Insurance Companies Use
1. The Quick Lowball Settlement Offer
One of the most common tactics is reaching out to an injured person shortly after the accident with a settlement offer. The offer may sound reasonable in the moment — especially when you are dealing with pain, missed work, and mounting bills.
It may not reflect the full value of your claim. Early offers are made before the full extent of your injuries is understood, before future medical costs are calculated, and before the long-term impact on your life is documented. Once you sign a release, you generally cannot go back and ask for more — even if your condition turns out to be far more serious than initially understood.
2. Delaying the Claims Process
Insurance adjusters sometimes slow-walk investigations — returning calls late, repeatedly claiming they are still "reviewing" information, or requesting the same documents multiple times. This is not accidental. Delay can create financial pressure. When medical bills, lost wages, and daily expenses continue to mount, injured people are more likely to accept a lower settlement just to move forward.
3. Requesting Recorded Statements and Broad Medical Authorizations
Shortly after an accident, an adjuster may call and ask for a recorded statement or request that you sign a broad medical authorization. These requests are framed as routine. They are not always routine.
A recorded statement can be used to lock in your account of events before you fully understand your injuries. A broad medical authorization can give the insurer access to your entire medical history — including unrelated conditions they may later use against you. Do not give a recorded statement or sign any authorization before speaking with an attorney.
4. Blaming Pre-Existing Conditions
If you have any prior medical history — a previous back injury, an old surgery, a chronic condition — the insurance company will look for ways to attribute your current injuries to those pre-existing issues rather than the accident.
Georgia law recognizes the "eggshell plaintiff" principle — the idea that a defendant takes a victim as they find them. A pre-existing condition does not eliminate your right to compensation for injuries that were caused or worsened by the accident. But insurers will use this argument aggressively, and it requires a strong medical record and expert testimony to counter.
5. Surveillance and Social Media Monitoring
After you file a claim — and especially after a deposition or recorded statement where you have described your limitations — insurers may hire private investigators to conduct video surveillance of your daily activities. They are looking for anything that appears inconsistent with your claimed injuries.
They also monitor social media. A single photograph of you at a family gathering, smiling or standing, can be taken out of context and used to argue that your injuries are not as serious as claimed. Be mindful of what you and your family post online during the pendency of your claim.
6. Independent Medical Examinations (IMEs)
Insurance companies frequently require injured claimants to attend an "independent" medical examination conducted by a doctor of the insurer's choosing. Although called ‘independent,’ these examinations are conducted by physicians selected by the insurer and may be used to challenge the findings of your treating doctors. The doctors who perform them are often paid regularly by insurance companies and are familiar with the outcomes those companies are looking for.
An IME report that minimizes your injuries can be used to dispute your treating physician's findings and reduce the value of your claim. Having your own qualified medical experts is essential.
7. Disputing the Severity of the Accident
In car accident cases, insurers sometimes argue that because the property damage appears minor — a small dent, a cracked bumper — the injuries must also be minor. This argument ignores how the human body responds to sudden force and how serious injuries, including soft tissue damage, herniated discs, and traumatic brain injuries, can occur even in lower-speed collisions.
Accident reconstruction experts, biomechanical engineers, and treating physicians can all provide evidence to counter this tactic.
8. Minimizing Future Damages
Early settlement discussions often focus only on current medical bills and immediate losses. Insurance companies frequently exclude or minimize future medical expenses, ongoing treatment costs, future surgeries, and lost earning capacity.
In any serious personal injury case, future damages can be the largest component of the claim. Do not accept a settlement that only accounts for what has already happened — without considering what lies ahead.
9. Algorithmic Claims Evaluation
Increasingly, insurance companies are using data-driven, algorithmic tools to evaluate and score claims. These systems generate settlement ranges based on historical data — not on the specific facts of your case or the individual impact of your injury on your life.
An algorithm cannot account for what it means to lose the ability to work, care for your family, or enjoy the activities that defined your life before the accident. Experienced personal injury attorneys know how to push back against automated valuations and demand full, individualized consideration of their clients' losses.
10. Shifting Blame to the Injured Person
In Georgia, comparative negligence rules can reduce or eliminate a plaintiff's recovery if they are found to be partially at fault for the accident. Insurance companies will look for any evidence — a statement, a witness, a traffic camera — that suggests the injured person contributed to what happened.
Georgia's modified comparative negligence standard under O.C.G.A. Section 51-12-33 bars recovery entirely if the plaintiff is found to be 50 percent or more at fault. Insurers know this, and they may use it strategically in many types of personal injury cases — from car accidents to slip and falls.
What Insurance Companies Do Not Want You to Know
| What They Tell You | What You Should Know |
|---|---|
| "This offer is fair and covers your damages." | Early offers rarely account for future medical costs or long-term losses. |
| "We just need a quick recorded statement." | Recorded statements can be used to limit your claim. |
| "The IME doctor is independent." | IME doctors are often paid regularly by insurers and may not be neutral. |
| "Your pre-existing condition caused this." | Georgia law protects victims whose prior conditions were aggravated by an accident. |
| "We need your full medical history." | Broad authorizations can expose unrelated records that may be used against you. |
How a Boutique Trial Firm Counters These Tactics
Understanding insurance defense tactics is one thing. Having an attorney who knows how to counter them is another. Bethany Schneider founded Schneider Injury Law after years as a tort attorney at King & Spalding — one of the country's most prominent defense firms. She spent years on the other side of these cases, learning exactly how well-funded insurers and corporate defendants evaluate, defend, and minimize personal injury claims.
She now uses that insider knowledge to fight for seriously injured people and their families throughout Georgia. Every case is prepared from the beginning as though it will go to trial — because thorough preparation can strengthen the firm’s position in settlement negotiations and at trial.
The firm handles personal injury cases on a contingency basis — meaning no fee until we win. All consultations are free, with no retainers or upfront costs. The written fee agreement governs the specific terms of any representation.
Frequently Asked Questions
Should I give a recorded statement to the insurance company? No — not before speaking with an attorney. A recorded statement can be used to limit your claim, lock in your account of events before your injuries are fully understood, and create inconsistencies that the defense will exploit later.
What should I do if I receive an early settlement offer? Do not sign anything before having the offer reviewed by an attorney. Early offers are often based on incomplete information and may not reflect the full value of a personal injury claim.
Can the insurance company really use my social media against me? Yes. Insurers and their investigators actively monitor social media accounts of claimants. Even innocent photographs can be taken out of context. Speak with your attorney about what is appropriate to post — or not post — during your case.
What if the insurance company's doctor says my injuries are not that serious? An IME report is not the final word. Your treating physicians and independent medical experts can provide evidence that counters an insurer's hired doctor. Do not assume that one unfavorable report ends your claim.
Does it matter what type of accident caused my injury? The type of accident — car crash, truck accident, slip and fall — can affect which insurance policies apply, who the responsible parties are, and what evidence needs to be preserved. But the core tactics insurers use to fight claims are consistent across all personal injury cases. An attorney can evaluate the specific facts of your situation.
Disclaimer: This article is for informational purposes only and does not constitute formal legal advice. Every personal injury case is different. No attorney-client relationship is created by reading this article or contacting the firm. No representation is made until a written agreement is signed. Speak with a licensed Georgia attorney about the specific facts and deadlines in your case.