Dirty Tactics Insurance Adjusters Use in Pedestrian Accident Injury Claims (And How to Beat Them )

Getting hit by a car while walking is generally one of the most horrifying and harrowing accidents that anyone can go through. Injuries can be so serious, so lasting, so costly to treat. But instead of providing assistance or a fair payout, insurance companies often reply by employing sneaky tactics to cheapen or refuse your claim.

Insurance adjusters are there to work for the insurance company not for you and their job is to save the insurance company money. In pedestrian accident settlements, they will attempt to distort facts, avoid immediate communication, or use your words against you to pay less than what they owe.

In this guide, we will discuss the most prominent schemes practiced by insurance adjusters in pedestrian accident injury claims and how you can safeguard your well-being and your rights throughout the entire process.

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Why Pedestrian Accidents Claims are different
than other types of Motor Vehicle Accident Claims

As pedestrian accidents present unique legal and factual challenges that insurance adjusters routinely take advantage of, like Inadequate fault findings, particularly when it comes to crosswalks and jaywalking.

These cases are further complicated with the possibility of Several responsible parties, including drivers, cities and property owners. There are also different reasons for filing a claim, like:
Emotional scars, PTSD and lifelong disabilities. These claims are usually worth more, and therefore, insurers have more incentive to try and deny or reduce them. Below is a list of tactics used by insurance adjusters to diminish your claim and how to beat them.

Blaming the Pedestrian Automatically

Insurance adjusters generally seek to blame the pedestrian, even if the driver was obviously at fault. They may argue:

You weren’t in a crosswalk

You were preoccupied (on your phone or with headphones on)

You “darted into traffic”

You were not wearing light colored clothes during the night.

These are standard tactics designed to inspire comparative negligence and diminish their payout.

How to Protect Yourself

Obtain a copy of the police report, and have any mistakes corrected.

Photograph the scene of the accident and if possible, the entire area, including crosswalks, traffic lights, and lighting in the area.

Get names, addresses and statements of any witnesses who observed the occurrence.

Asking for a Recorded Statement
(to Be Used Against You Later)

Adjusters often ask for a recorded statement soon after the crash, insisting it’s necessary to process your claim. They are, in fact, advocating this strategy in order to:

Catch you contradicting yourself

Mitigate the Look of Your Injuries

Get you to admit partial fault

Once you say something, it’s played back against you, even out of context.

How to Protect Yourself

Don’t give a recorded statement to the other driver’s insurance company.

Say no thank you and give them your attorney’s name.

If you do talk to an adjuster, ensure that a lawyer is in the room and stick to the facts.

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"You’re not hurt that bad!"

Insurance adjusters will often try to minimize the severity of the injuries by saying:

“Your injuries seem minor.”

“You didn’t immediately go to the hospital.”

“You didn’t tell us there was pain at the scene.”

These are the arguments they will use to defend the low amount they offer to settle your claim, or they’ll even deny the claim altogether.

How to Protect Yourself

Always get medical attention right away after you have been in a pedestrian accident.

Follow up for all recommended care (specialists, imaging, physical therapy).

Maintain a pain diary and record your restrictions, emotional conditions, and the process of your recovery.

How to Protect Yourself:

3 Tactics For Holding a Claim Without the Claim Creating Delayed Claim Pressure
One of the oldest dirty tricks in the book is when the insurance company adjuster drags the claims process along thinking:

You’ll become financially desperate

You’ll stop seeking treatment

You’ll settle for a lowball offer to be done with it

They could not call back, ask to see it all over again, or simply claim they are still “investigating.”

How to Protect Yourself

Document everything as detailed as you can.

Establish specific deadlines for follow-up and keep a record of any delays.

Cut your losses and hire a lawyer to keep things moving and get done by legal deadlines.

Lowballing the Initial Settlement Offer

Adjusters frequently present early lowball offers after an accident, hoping you don’t realize how much your injuries and financial losses may ultimately cost. They may say things like:

“This is the best deal you’re going to receive.”

“You should grab this before your medical bills are carried into a stack of pledges.”

“You don’t need to get a lawyer, we’re being fair.” Don’t fall for it.

How to Protect Yourself

Do not accept until medical treatment is finished and future cost is determined.

Add in lost wages, pain and suffering and quality-of-life challenges.

Have a lawyer review every settlement offer before you sign anything.

Arguing Your Injuries Were Pre-Existing

Adjusters will scour your medical records for any pre-existing condition they can point to as being the cause of your pain, even if the condition was unrelated or manageable long before the accident.

For example, they might say:

“You already had back issues — this is not a new injury.”

“You already had anxiety so your PTSD is not our fault.”

How to Protect Yourself

Come clean about your medical history but put the emphasis on new or worsening symptoms.

Have your doctor notate how the accident exacerbated a prior injury or condition.

You shouldn’t conceal a history, but you shouldn’t allow the adjuster to minimize the new trauma.

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Stalking Your Social Media Accounts

Adjusters frequently look to social media for proof that you’re not as injured as you say. Even a photo of you smiling at a family BBQ can be twisted against you.

Don’t ever think the insurance company will give you what’s “fair.”

Get Advice from a Personal Injury Attorney Right Away

Permit your lawyer to deal with these negotiables, document the deal and argue on your behalf

How to Protect Yourself

Don’t share photos or updates about your health or activity.

Make your social media accounts private.

Request friends and family refrain from tagging you in posts for the duration of your claim.

The Best Defense? Retain an Experienced Pedestrian Injury Lawyer

You can bet that the insurance company has professionals working hard to keep costs down by cutting your compensation. You need someone struggling as well for your life.

An experienced pedestrian accident attorney can:

Discover the fault and collect solid evidence

Communicate with the insurance company on your behalf

Determine the Real Value of Your Claim accurately

Fight for the most amount of money possible whether through settlement dealings or at trial

Pedestrian crashes frequently result in victims being left physically, emotionally and financially devastated. Sadly, greedy insurance companies will play every game to pay out as little as they can.

The best way to fight back? Know your rights, document everything, and consult with a lawyer before you talk to the insurance company.

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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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