7 Insurance Company Tactics That Can Hurt Your Injury Claim

Insurance companies are businesses, and every dollar they pay on a claim is a dollar off their bottom line. After an injury, the adjuster may seem friendly and helpful, but their goal is to resolve your claim for as little as possible.

Here are seven common tactics insurers use, and what you can do to protect your New Mexico personal injury claim.

1. Asking for a Recorded Statement

Shortly after the incident, the other side’s adjuster may call and ask to record your account “for their file.” Innocent comments like “I’m doing okay” or “I didn’t see them coming” can be used later to argue that you were not hurt or were partly at fault.

What to do: You are not required to give the other driver’s insurer a recorded statement. Politely decline until you have talked with a lawyer.

2. Delaying or Denying the Claim

Some insurers drag out the process by asking for the same documents again or taking weeks to respond. Others deny the claim outright, hoping you will give up. Delays also push people toward accepting low offers when the bills pile up.

What to do: Keep a written record of every call, email, and letter. Respond in writing, and keep track of your filing deadline. In New Mexico, most injury lawsuits must be filed within three years.

3. Making a Quick, Lowball Offer

A fast offer can be tempting, especially if you are out of work. Early offers are often made before anyone knows the full cost of your injuries, including future treatment.

What to do: Do not sign a release until you know the full extent of your injuries. Once you sign, you generally cannot reopen the claim.

4. Requesting a Medical Exam With Their Doctor

The insurance company may ask you to see a doctor they choose. These exams are sometimes used to downplay your injuries or blame them on a prior condition.

What to do: Keep seeing your own doctors and follow their treatment plans. Talk with a lawyer before agreeing to an exam requested by the other side.

5. Watching Your Social Media

Adjusters and defense attorneys look at Facebook, Instagram, and TikTok. A single photo of you smiling at a family event can be taken out of context to argue that you are not really hurt.

What to do: Avoid posting about the incident, your injuries, or your activities while your claim is open. Read more in our article on how social media can hurt an accident claim.

6. Conducting Surveillance

In larger claims, insurers sometimes hire investigators to photograph or record injured people going about their day. The goal is to catch a moment that seems to contradict your injury.

What to do: Be honest with your doctors about what you can and cannot do, and follow their restrictions. Consistency protects your credibility.

7. Shifting the Blame to You

New Mexico uses pure comparative fault, which means your compensation is reduced by any percentage of fault assigned to you. Insurers know this, so they may argue you were speeding, distracted, or not watching where you were walking.

What to do: Preserve evidence early: photos, video, witness names, and the police report. Strong evidence makes it harder to shift blame.

Bonus: Pointing to Low Policy Limits

New Mexico’s minimum liability coverage is only $25,000 per person. An adjuster may say that is “all there is.” There may be other sources of recovery, such as your own uninsured/underinsured motorist (UM/UIM) coverage or other responsible parties.

Frequently Asked Questions

Do I have to talk to the other driver’s insurance company?

You may need to give basic information, but you are not required to give a recorded statement or sign medical authorizations for the other side’s insurer.

Can an insurance company act in bad faith?

New Mexico law requires insurers to deal fairly with their own policyholders. If your own insurer unreasonably delays or denies a valid claim, you may have additional legal rights.

When should I contact a lawyer?

The earlier the better, ideally before you give a recorded statement or accept an offer.

Level the Playing Field

The insurance company has adjusters and lawyers on its side. You deserve someone on yours. The Law Offices of Bill Russell helps injured New Mexicans deal with insurers and pursue fair compensation. Call (505) 218-7844 or contact us online for a free consultation.

This article is for general information only and is not legal advice. Every case is different. Reading this post does not create an attorney-client relationship.