Insurance Companies' 3 D's: Delay, Denial, Defend

In the early 1990's, insurance companies realized they could dramatically increase their profits by denying more claims and paying less on others. Perhaps you have experienced their tactics first hand.

One of the schemes insurance companies implemented to pay less on claims was to enforce the "three D's"; Delay, Deny, Defend:

1. The first of the three D's is to Delay. When we submit even the most straight forward case for review, many insurance companies say they need 30 days to review the claim. Why? Many of these cases could be thoroughly reviewed in an hour or two. The reason for this delay is that insurance companies know that the longer they wait, the less resolve remains in the person making the claim. Studies have shown that the longer insurance companies delay paying a claim, the less they pay.
2. Once delay fails, insurance companies often then employ the second D: Denial. There are, of course, many variations of denial. Sometimes it is an outright denial of the claim whereas other times it is a "lowball offer." Studies again show that some people simply accept the denial without resistance. Contrary to the general public perception, most people are not "litigious" and only reluctantly hire lawyers or file suit in accident cases.
3. If the person fights on and resists the delay and denial, along comes the final D: Defend. Unfortunately, insurance companies generally take a no-holds bared, win at any cost approach to defending claims. In fact, some insurance companies specifically classify cases as a MIST case (or some variation of this them) which stands for Minor Impact Soft Tissue. Basically, these cases involve claims with minor damage to the vehicles and "whiplash" type injuries. If your claim is classified as a MIST case, do not expect any reasonable pre-suit offers to settle and there is a high chance your case will see a jury. Even if your case is not a MIST case, as part of a "win at any cost" mentality, insurance companies often hire "independent" doctors who testify that the innocent victim is a liar, cheat and fraud out to scam their way to the litigation lottery. These "independent doctors" in truth earn hundreds of thousands of dollars a year testifying for insurance companies. Of course, these skillful character assassins are too smart to accuse someone directly of exaggerating their symptoms. Instead they cloak their allegations with indirect insinuations that speak of "malingering" and "secondary gain."

You get the idea. Insurance companies will fight at any cost to defend their "lowball" line in the sand. Why? Because the savings are not viewed on an individual case basis. The point for insurance companies is that if it becomes known they will fight all the way to the end and spend any amount of money to hire "independent doctors," people will be less likely to challenge them and settle for the lowball offers presented.

If you are considering hiring an attorney to represent you on your claim, be sure any attorney you consider has extensive trial experience and is not afraid to take your case all the way to trial if need be. Insurance companies know full well the lawyers who are willing to take cases to trial and those that do not.

If you have any questions, please contact us today.