Deceptive Tactics Insurance Adjusters Use in Slip
and Fall Injury Claims (And How to Beat Them)

Slip and fall injuries can be severe, fractures, concussions, spinal injuries, serious head trauma, or irreversible mobility problems. If it happened in a grocery store, a restaurant, a hotel, or in a parking lot, and the property owner’s error contributed to the injury, you have a legal right to seek compensation.

But of course you’ll eventually have to speak with an insurance adjuster before you see a dime, and that’s where things get complicated. Like many telephone professions, insurance adjusters are professional trained negotiators working to limit how much their company has to pay out. That includes employing a variety of tactics to undermine, defer or deny your slip and fall claim.

In this guide we are going to cut to the most sneaky tricks that insurance adjusters play in slip and fall accident claims, and show you how you can safeguard your rights and obtain the compensation you are entitled to.

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Why Slip and Fall Claims Are Difficult to Prove

Slip and fall accidents are considered premises liability law cases, and insurers frequently contest these for various reasons:
Liability is frequently challenged (property owners often argue they are not to blame).

Injuries can be serious but not visible, including head trauma and soft tissue injuries.

Insurers like to claim that it was your fault

Proof such as video surveillance may be destroyed or supra withheld

Knowing what the adjuster does can really support or wreck your claim.

Underhanded Moves Insurers Use (and How to Counter Them)

Below is a list of Underhanded Moves Insurers Use (and How to Counter Them)

Blaming You for the Fall

One of the earliest and most frequent ploys is to play the blame game. Adjusters may argue:

You weren’t paying attention

You wore improper footwear

The hazard was “open and obvious,”

You ignored warning signs

What they are trying to do is apportion blame, or get you to accept more than your share, depending on your state's comparative fault laws.

How to Protect Yourself

Photograph or video the area around the fall at once

Collect witness names and statements

Consider whether there were no warning of the danger, insufficient light, or a wet floor

Never say "I'm okay" or admit fault at the site of an incident.

Demanding a Recorded Statement

The adjuster may request a recorded statement under pretense of necessity, or a routine part of the business. In reality, they’re looking for:

Inconsistent details

Casual admissions (“I didn’t know where I was going”)

Statements downplaying your injuries

They will twist your words to undermine or dismiss your claim.

How to Protect Yourself

You don't have to give a recorded statement

Politely refuse or refer them to your lawyer

If you do speak, limit your conversational topics to the bare facts, with a careful avoidance of conjecture

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Saying You Were Already Injured

A favorite defense is that your injuries are unrelated to the slip and fall, but to a premorbid (i.e. pre existing) condition that you had prior to the fall.

They can search your medical records for any of the following:

Back problems

Arthritis

Old injuries

This enables them to attack causation and shrink your payout.

How to Protect Yourself

Be honest regarding your medical background but mention the fact that the fall exacerbated your condition.

Have your doctor write in your medical chart how the injury was caused or exacerbated by the fall.

Do not allow them to pervert fact in order to avoid paying your claim due.

Minimizing Your Injuries

Among some of the lines adjusters use to minimize injuries:

“You didn’t need surgery.”

"If you left, it can’t be that bad."

“Nobody gives a shit about soft tissue injuries and we don’t pay for that.”

This is a ploy that is relied upon to rationalize both time-bomb offers and outright denials.

How to Protect Yourself

Seek Medical Treatment Soon After the Accident

Adherence to all treatment regimens

Maintain good records of symptoms, treatment and how the injury has affected your life.

Include a pain journal or photograph log as documentation

Delaying the Process

Insurance companies understand that injured people are often under financial pressure. They’ll delay your claim to make you desperate enough to accept less.

Common delay tactics include:

Repeatedly requesting “more documentation”

Ignoring emails or calls

Switching adjusters mid-claim

How to Protect Yourself

Maintain a conversation history of emails/calls/responses

Set clear expectations and deadlines

Talk to a personal injury lawyer so you don’t lose your statute of limitations period

Submitting a Lowball Settlement Offer

Immediately following the accident, the adjuster may propose a faster cash settlement hoping you will take the money before you know the complete extent of your injuries.

They may say:

“This is as good as you’re going to get.”

“You do not need a lawyer it will only make things more complicated.”

“We want to resolve this as soon as we can in order to facilitate your moving on.”

What they will not tell you: if you accept, you cannot ask for more money later if your injuries get worse.

How to Protect Yourself

Don’t settle without knowing the full extent of your medical condition.

Add it all up: the medical bills, lost earnings, pain and suffering, future care.

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Denying Liability Entirely

Some adjusters have gone for the jugular, asserting the property owner isn’t responsible whatsoever.

They may argue:

There was no hazard

The peril was short in duration and lacking in predictability.

“He didn’t have time to fix it."

This is a ploy to drive you nuts and make you walk away from the claim.

How to Protect Yourself

Keep all evidence relating to the scene.

Gather surveillance footage if available.

Subpoena maintenance records or previous complaints via legal discovery.

Your attorney will need to be able to investigate and prove that negligence occurred.

Why You Should Hire a Slip and Fall Lawyer

Slip and fall suits are incredibly detailed and typically involve the need for:

Testimony of Expert re Building Codes or Safety Standards

Medical records and cause of injury analysis

Legal pressure or requests to obtain surveillance footage or internal reports.

Tactical bargaining to thwart delay and denial.

A slip and fall attorney with experience will even the odds and battle for the maximum compensation.

When you've been hurt due to a slip and fall, insurance adjusters will employ all types of tactics to deny or cut down your claim. From pointing a finger at you, to dragging their feet filing paperwork, to throwing degrading settlements your way, their aim is to preserve their bottom line not your full recuperation.

Protect yourself by documenting it all, steering clear of common pitfalls, and talking to an expert personal injury lawyer

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Note: This guide is for informational purposes only and does not constitute legal advice.

FOUNDER & TRIAL ATTORNEY

Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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