Insurance Companies Aren’t On Your Side
Here’s how a typical injury case might transpire between an injured person and the insurance company.
Three weeks ago, Bill was involved in a serious car accident. While driving through an intersection on a green light, a speeding vehicle ran a red light and side-swiped his car. The collision left Bill with a broken leg, severe head trauma, and multiple cuts and bruises.
The other driver, and his corresponding insurance company, admitted fault almost immediately. With liability so clear, Bill assumed the settlement process would be straightforward. He also believed hiring an attorney would be unnecessary. Ultimately, like many accident victims in Kansas and Missouri, Bill soon discovered that these assumptions were far from reality.
He learned that insurance companies are not on your side after a crash. The opposing insurer repeatedly made lowball offers, pressuring him to accept far less than he deserved. Even his own insurance adjuster attempted to minimize its payout. Thankfully, Bill’s 45 years in business helped him recognize these manipulative tactics that insurance companies often use. Still, he knew his business experience could only take him so far—navigating the legal process required professional help. That’s when Bill decided to retain an attorney to protect his rights and strengthen his claim.
An experienced personal injury attorney can quickly identify when an insurance company is being unfair or misleading. Unfortunately, insurers often rely on the same set of tactics to reduce payouts. In this guide, we outline five of the most common bad-faith insurance tactics in KS and MO personal injury claims. Keep in mind, however, that there are many more beyond these examples.
To protect your rights, pursue maximum compensation, and focus on your recovery, contact Wallentine Injury Law. Our KS and MO legal team is here to take on the insurance companies—so you don’t have to.
Understanding Insurance Companies’ Goals
According to the Insurance Information Institute, the core concept of an insurance business is the sharing or pooling of risk. In simple terms, insurance provides financial protection for certain risks, such as injury or property damage, in exchange for a premium. An insurer evaluates your risk based on factors like age or gender and then assigns the policy best suited for you and your family.
While this system sounds beneficial—and in many ways it is—there is a common misconception about an insurance company’s true goal. As mentioned earlier, insurance companies are not on your side.
Insurance companies are, first and foremost, businesses. While they provide protection, they also operate to maximize growth and return on investment. Because of this, they do not always act in your best interest. Instead, they act in line with their overarching goal: making money. Kansas and Missouri personal injury claims often conflict with this goal, as insurers are required to make payouts.
To reduce these payouts, insurance companies frequently rely on the same set of deceitful tactics, which we will examine in the next section.
5 Common Insurance Tactics in KS and MO Personal Injury Claims
1. Offering a Quick Settlement Offer
One of the most common tactics insurers use to fight back and minimize payouts is making a quick settlement offer right after the accident. They often do this to catch you off guard during a stressful time, hoping you will accept a lowball offer. Depending on the severity of your injuries, you may still be in the hospital or recovering at home. Either way, you are hardly in a position to carefully evaluate the offer. Most people also have little time to consult with an attorney, leaving them without guidance on what a fair settlement should be.
A quick settlement can be tempting. You may be in pain, facing mounting medical bills, and missing work without pay. The insurance exploits this, providing you pennies on the dollar, pressuring an injured person into a settlement. This is called hot boxing. In those circumstances, any compensation may seem appealing. However, accepting too soon can bar you from pursuing future compensation for ongoing medical treatment, lost wages, and other damages.
Generally, courts enforce contracts. However, it can be possible, albeit difficult to set aside a settlement. Courts, in limited situations might set an agreement aside when it is unconscionable and obtained under duress, as its terms were grossly unfair, one-sided, and oppressive. Bridgecrest Acceptance Corp. v Donaldson, 648 S.W.3d 745. 400.2-302 RSMo. Always consult with an attorney before considering a settlement. When a potential client comes to us after they attempted to do their own settlement, unrepresented, the case is much more difficult and harder to recover significant funds for the injured client.
2. Giving Misleading Information
Although unethical, insurance companies often present misleading information to reduce liability or payouts. Common examples include:
- “You don’t need to hire an attorney.” Insurers may downplay the importance of legal representation, suggesting the process will be easier if you deal directly with them.
- “Your injuries aren’t that bad.” Insurers may minimize the seriousness of your injuries based on the type of crash or other details, discouraging you from seeking necessary medical care.
- “Your policy doesn’t cover the damages.” Insurers sometimes misrepresent policy terms, claiming coverage is lower than it actually is or that certain damages are excluded, pressuring you to accept less.
3. Delaying the Process
A third common tactic is deliberately delaying the claims process. Delay can include ignoring communication, prolonging procedures, or giving misleading instructions about what is needed to move forward.
These delays are ultimately designed to pressure claimants into accepting a low offer or abandoning their claim altogether out of frustration. While it may seem possible to wait it out, there is a serious risk of running up against the statute of limitations. The statute of limitations for most personal injury claims is two years in KS and five years in MO. In some cases, the statute may be only 1 year. Missing these deadlines eliminates your right to pursue litigation, freeing the insurer from liability. Allowing an insurer to elongate your claim is unwise and risky. Sometimes a client comes to us right before the statute of limitations runs out, and we either have to decline the case, or take it, but start out way behind the eight ball.
4. Using Evidence Against You
A less obvious tactic is when insurance companies use evidence against you—proof that you may have even provided to them. Insurers may outright request a recorded statement from you, which you should politely decline. Less formally, they may also search for any statements or posts made online about the accident, as well as information within the official police report.
This is a key reason to consult with an attorney early in the process. An experienced lawyer can guide you. By avoiding missteps, you prevent insurers from gathering ammunition to reduce your claim.
5. Passing Blame
When liability is disputed, insurers often try to shift more responsibility onto the injured party. They will use any relevant evidence to argue you were partially liable for the accident.
Fortunately, if you’re navigating a personal injury claim in Kansas or Missouri, both states follow comparative fault rules, meaning liability can be shared between parties. Even if you are partly at fault, you may still recover compensation. However, your recovery could be significantly reduced in MO and even barred entirely in KS if you are found more than 50% at fault. Without an attorney advocating for you, insurers can easily exploit this rule to either minimize your claim, deny liability, or not pay your claim altogether.
How to Protect Yourself Against Insurance Companies
It is clear that insurance companies are not on your side, but unfortunately, the tactics they use to mislead are not always as clear. Awareness alone can reduce the risk of being controlled, but following the steps below provides stronger protection.
- Consult a Personal Injury Attorney- The best defense against insurance adjuster tricks is working with a trusted personal injury attorney. Once retained, your attorney can provide legal guidance, handle all communication with the insurer, and recognize misleading strategies designed to weaken your claim. This ensures your rights remain protected from the outset.
- Seek Immediate and Ongoing Medical Care- Insurers often focus on minimizing your injuries by arguing they are exaggerated or linked to preexisting conditions. Seeking prompt medical treatment after an accident and maintaining all necessary follow-up care are critical. Detailed records of treatment and billing also strengthen your case and help prevent insurers from disputing causation.
- Don’t Rush Into Anything- As mentioned previously, insurers frequently move quickly after an accident, hoping you will make decisions under pressure. Staying calm and patient allows you to avoid saying or agreeing to something that could harm your case. It also protects your ability to account for ongoing or future medical needs in any settlement.
Battle Insurers with Wallentine Injury Law
“They [insurance companies] don’t aim to pay what’s fair — they aim to pay as little as possible. I’ve seen every tactic: delay, denial, distortion. I’ve watched clients be offered pennies on the dollar, especially before they had a lawyer.” – Lawyer Jerry Wallentine
As Attorney Wallentine explains, insurers don’t play fair. While you can prepare yourself by learning the insurance tactics in KS and MO personal injury claims, the most effective way to level the playing field is by working with an experienced personal injury attorney. At Wallentine Injury Law, our team of Kansas and Missouri attorneys and paralegals is equipped to take on even the largest insurance companies. With us on your side, your voice will be heard, your rights protected, and your claim pursued for maximum compensation.
Call our team at 913-934-6333 or contact us online to schedule a free consultation.
