Why Insurance Companies Try to Minimize Your Claim (and How We Fight Back)

When you are hurt in an accident, the last thing you should have to worry about is whether your insurance company will treat you unfairly. Unfortunately, whether it be the insurance company protecting the person who caused the accident, or even your own insurance company, that is often exactly what happens. At Rector Stuzynski Law Firm, we have seen it countless times over the years. An injured person does everything right—they report the accident, they cooperate with the adjuster, and they expect honesty. But what they get instead are quick or time-sensitive lowball offers, endless delays, and tactics designed to make them question their own case.

Insurance companies are not in the business of paying what claims are worth. They are in the business of paying as little as possible while appearing reasonable. Our role is to level that playing field. We know how insurers operate, and we know how to fight back with facts, documentation, and legal strategy that puts our clients first.

This article explains why insurance companies minimize claims, the tactics they use, and how our firm pushes back to get fair compensation for the people we represent throughout Colorado.

Why Insurance Companies Minimize Claims

Let’s start with a hard truth: insurance companies are for-profit corporations. Their primary duty is to shareholders, not policyholders. Every dollar they do not pay in claims is a dollar that goes toward their bottom line.

Adjusters are trained to close files quickly and cheaply. They are evaluated on how much they save the company. The smaller your payout, the better their performance looks on paper. And the faster they can get you to settle a claim, the cheaper the claim usually is for them. That is not speculation, it is how the system works.

There is another reason claims get minimized: the knowledge gap. Most injured people are going through this process for the first time. The insurer does it every day. They understand the rules, deadlines, and negotiation tactics and try to exploit them so they work in their favor. They count on confusion and fatigue to push people into settling early.

At Rector Stuzynski Law Firm, we make sure that doesn’t happen to our clients. Once we step in, all communication goes through us. That stops the manipulation and allows our clients to focus on healing from their injuries and getting their lives back. 

Finally, the insurance defense industry had perpetuated the myth that an injured person doesn’t need a personal injury lawyer. You’ve probably even thought to yourself “why should I hire an attorney? They will just take part of my settlement as a fee for their work, after all.” This way of thinking benefits the insurance company, not the injured person. Consistently, across the board, people represented by personal injury lawyers receive more compensation, even after paying for representation, than they would have recovered on their own. 

How the Law Shapes Insurance Company Strategy

Colorado’s laws give insurers a few built-in advantages that they know how to exploit.

Our state follows a modified comparative negligence rule. If you are less than 50 percent at fault for an accident, you can recover damages, but your recovery is reduced by your percentage of fault. If the insurer can pin even a portion of blame on you, it saves them money. That is why adjusters are so quick to ask leading questions like, “Were you looking at your phone?” or “Did you see the other driver before impact?”

Colorado also has strict statutes of limitation, which are deadlines for filing claims. Most injury cases must be filed within two years, and car accident cases within three years. Delays benefit insurance companies. As time passes, evidence disappears, witnesses move away, and injuries become harder to prove. We make sure that never happens by moving cases forward before the insurer can use time as leverage.

Finally, Colorado’s good faith laws require insurers to handle claims honestly. When they fail to do so, we pursue bad faith actions. These can include additional compensation beyond the original claim if the company’s behavior was unreasonable. That accountability is one of the best tools Colorado victims have against unfair practices, but bad faith claims can usually only be pursued against your own insurance company—not the insurance company on the side of the person who caused the accident. 

The Tactics Insurance Companies Use to Minimize Claims

Insurance companies use a variety of tactics, some subtle and some blatant, to undervalue claims. Here are the most common strategies we see and how we counter them.

1. The “Friendly” Recorded Statement

The adjuster sounds helpful, but their real goal is to get you to say something that can be used against you later. They might ask questions before you even know the full extent of your injuries. We always advise clients not to provide recorded statements without an attorney present.

2. Broad Medical Authorizations

Insurers often ask you to sign forms that give them access to your entire medical history. They then use those records to blame your injuries on pre-existing conditions. We only authorize access to records that are relevant to the incident, nothing more.

3. Quick Settlement Offers

After an accident, many people are overwhelmed by medical bills and lost income. Insurers take advantage of that pressure by offering fast cash before you know the true cost of your recovery. They also skew your view of what damages are recoverable, often by promising to cover your medical bills and leaving out the other things the law requires them to pay. Most people are grateful to hear that their medical bills will be taken care of, and this can coerce them into taking that early low-ball offer. But once you sign that release, your case is over. We never let clients settle until the full scope of injuries and future needs is clear.

4. Denying or Questioning Causation

One of the most common tactics is claiming that the accident didn’t cause your injuries. They point to low vehicle damage or old medical issues. We rely on treating physicians, medical imaging, and expert opinions to establish clear causation.

5. Using Property Damage to Undervalue Injuries

We hear it constantly: “The cars barely touched; how could anyone be hurt?” That argument ignores how the human body absorbs force. Even low-speed collisions can cause lasting neck, back, and brain injuries. We use both medical research and real-world evidence to challenge this myth.  And every person is unique; while a low speed collision might not cause serious injuries to a healthy 20 year old, the same collision could be devastating to an older person, or a person with pre-existing health conditions.

6. Exploiting Gaps in Treatment

If you delay medical care or miss appointments, insurers argue you must not be seriously hurt. We help clients focus on maintaining consistent treatment and explain any unavoidable gaps to the insurance company so they can’t be twisted into excuses. When you’re injured, getting treatment can be a full-time job in itself. That alone is one of the best reasons to hire a personal injury attorney to handle all the paperwork that comes with presenting a claim to insurance companies for compensation. 

7. “Independent” Medical Exams

There is nothing independent about an exam paid for by the insurance company. These doctors are hired to minimize claims. We prepare our clients for these exams, attend when possible, and cross-examine the insurer’s hired experts when needed.

8. Surveillance and Social Media Monitoring

Insurance companies routinely monitor claimants. A photo of you smiling at a family event can be taken out of context and used to suggest you are not in pain. We advise clients to pause social media activity and avoid sharing anything about their injuries or recovery.

9. Software-Based Settlements

Many insurers use computer programs to assign settlement ranges based on diagnosis codes. These systems ignore the real human impact of pain, missed experiences, or emotional trauma. We build cases with personal stories and documentation that software simply cannot capture.

10. Delay and Denial

Dragging out the process wears people down. The goal is to make you desperate enough to take less. Our firm pushes cases forward aggressively. We do not let carriers hide behind excuses or unanswered emails.

How We Fight Back

At Rector Stuzynski Law Firm, our personal injury attorneys take pride in being both strategic and relentless. Insurance companies respect preparation and results, and that is exactly what we deliver.

1. Evidence Preservation from Day One

We immediately collect police reports, witness statements, photographs, and any available video footage. In serious crashes, we secure black box data or surveillance footage before it disappears. Strong evidence leaves no room for “he said, she said” disputes.

2. Coordinated Medical Documentation

We work closely with your treating physicians to ensure every symptom, limitation, and diagnosis is properly recorded. Accurate documentation builds the medical foundation of your claim and prevents insurers from arguing that injuries were exaggerated or unrelated.

3. Controlled Communication

Once we take your case, you no longer deal directly with the insurance company. We handle every phone call, letter, and email. That protects you from traps and ensures the insurer only receives information that strengthens your position.

4. Comprehensive Damage Valuation

We calculate damages using real numbers, not guesswork. That includes current and future medical costs, lost wages, diminished earning capacity, permanent impairment, and pain and suffering. We also account for liens and insurance offsets so you know exactly what your case is worth before any offer is considered.

5. Expert Testimony

When necessary, we bring in outside experts such as accident reconstruction specialists, vocational analysts, or economists. Their reports and testimony carry weight in negotiations and in court, reinforcing the credibility of your case.

6. Aggressive Negotiation and Litigation

Insurers know which firms will settle quickly and which ones will take them to trial. We have built a reputation for being willing to do what it takes. That alone changes how adjusters approach your case. If they do not negotiate fairly, we file suit and let a jury decide.

7. Managing Medical Liens and Subrogation

Hospitals, health insurers, and workers’ compensation carriers often claim a portion of your settlement. We negotiate those liens down to maximize your net recovery. What matters is what you take home, not what looks good on paper.

8. Pursuing Bad Faith Claims When Necessary

When an insurer’s conduct crosses the line, we pursue bad faith actions under Colorado law. This can result in additional compensation and sends a clear message that dishonest tactics have consequences.

How Insurance Companies Attack Each Type of Damage

Medical Expenses

They argue treatment was unnecessary or excessive. We prove otherwise with clear medical opinions linking every procedure to the injury.

Future Care

They claim future surgeries or therapy are speculative. We obtain written recommendations and cost estimates from treating doctors to show the care is medically necessary, and leverage our experience and knowledge of Colorado law to force insurance companies to pay fair claims for future medical procedures.

Lost Wages

They question your time off or claim you could have done light-duty work. We document your employment history, earnings, and doctor-imposed restrictions to eliminate doubt.

Pain and Suffering

They call it “subjective.” We use daily journals, testimony from family members, and detailed notes from health professionals to make the emotional and physical toll undeniable.

Property Damage

They try to use low repair costs as evidence of a minor impact. We counter that with biomechanical facts and medical records proving the injury’s seriousness.

What You Should Do to Protect Your Claim

1. Get medical attention immediately and follow your treatment plan.
2. Photograph your injuries, vehicle damage, and the accident scene.
3. Keep all receipts and invoices related to your recovery.
4. Do not post about your accident on social media.
5. Contact an attorney before speaking with the insurance company.
6. Keep a simple journal describing pain levels, mobility, and emotional impact.
7. Save all correspondence and claim documents in one place.
8. Be honest with your doctors and your lawyer about your medical history.
9. Do not miss follow-up appointments.
10. Reach out for legal help early before important evidence is lost.

What Sets Rector Stuzynski Law Firm Apart

Our firm has represented injured people in Colorado for decades. We have seen every insurance tactic imaginable, and we know how to counter them. What makes us different is not just our experience, but our approach.

We take every case personally. We treat clients like people, not claim numbers. We believe in clear communication and transparency. You will always know what is happening with your case and why.

We also refuse to let insurers push our clients around. If the only way to get a fair result is to go to court, we do it. That willingness to fight is what earns respect from adjusters and defense lawyers across the state.

Frequently Asked Questions

Do I have to talk to the insurance company after my accident?
Yes, but not on your own. Once you hire our firm, we handle all communication. You are not required to give a recorded statement to the at-fault driver’s insurer without an attorney present. We prepare our clients for what to expect on a recorded statement and sit next to them while they give it to ensure the insurance adjuster conducts the statement in a fair manner.  When needed, we are able to ask clarifying or follow-up questions to ensure the record of the conversation reflects what actually happened, and not the insurance company’s best spin on the accident.

What if I was partially at fault?
Colorado’s comparative negligence rule allows you to recover compensation as long as you are less than 50 percent at fault. We work hard to minimize any fault assigned to you. For instance, it’s not unusual for a T bone accident to occur at an intersection. Assigning fault in these circumstances can seem arbitrary—should the person who pulled out have looked both ways more carefully?  Was the other driver speeding or changing lanes before the accident? We use scientific tools to assist us in presenting the most fair representation of your case to ensure the insurance company doesn’t unduly reduce your compensation by blaming you for the accident. 

Can I still get compensation if the other driver was uninsured?
Yes, if you have uninsured or underinsured motorist coverage. We can file a claim through your own policy and make sure your carrier treats you fairly.

What happens if my medical bills are higher than the insurance limits?
We explore every available source of compensation, including umbrella policies, personal assets, and underinsured coverage, to make sure you are not left with debt. If after all of that, your medical bills still exceed the available coverage, we do our best to negotiate the liens down as low as possible, or make use of Colorado’s Make Whole doctrine to ensure your other damages are paid for as much as possible before any medical provider is paid. 

Will my case go to trial?
Most settle before trial, but we prepare every case as if it will go the distance. That readiness often leads to better settlement offers. We are not afraid to take a case to trial if negotiations do not lead to a fair resolution. 

How long does it take to resolve a claim?
It depends on your medical recovery and the insurer’s cooperation. Some settle within months, others require litigation. We move your case forward efficiently without rushing you into a bad deal. Every case is different. Some can settle fairly in the first year, while others may take three or more years to move to settlement. A variety of factors influence the time a case takes to resolve, but the most important are the extent of injuries from the accident, and the availability of coverage. The more long-lasting the injuries, and higher the coverage, the more likely a case will be to take longer to settle. But this is just an estimate. No one can predict how long a case will take to settle until after a complete investigation into all factors involved. 

Do I have to pay anything upfront?
No. We work on a contingency fee basis, meaning we only get paid if we recover money for you.

Key Takeaways

1. Insurance companies minimize claims because it increases their profits.
2. Their most common tactics include recorded statements, broad medical releases, and fast settlement offers designed to close the case before you know your full damages.
3. At Rector Stuzynski Law Firm, we counter those tactics with detailed documentation, expert testimony, and strategic negotiation backed by litigation experience.
4. Our goal is simple: protect your rights, recover full compensation, and remove the stress of dealing with the insurance company.
5. You deserve fair treatment, and we make sure you get it.

Let Rector Stuzynski Law Firm Handle the Insurance Company

If you were injured in Colorado and feel like the insurance company is minimizing your claim, do not face them alone. Our team has been protecting accident victims for decades, and we know how to make insurers take your case seriously.

We will review your situation, handle all communication, and fight for every dollar you are owed while you focus on recovering.

Call Rector Stuzynski Law Firm today for a free consultation. We will listen to your story, explain your options, and stand by you every step of the way. You have one chance to get this right, and we will make sure your rights are protected from the start.