If you’ve been in a traffic accident, construction accident, or any other type of accident in New York, you’ll likely have to deal with an insurance company. What many people don’t realize is that these companies aren’t designed to help you. Their main goal is to protect their profits by paying as little as possible for each claim or, even better for them, paying nothing at all. So, they are going to execute some strategies insurance companies use to avoid paying what you deserve.
With 60 years of experience defending accident victims in New York, at Proner & Proner we’ve seen all the tactics that insurance companies use to take advantage of individuals, who often face various barriers such as unfamiliarity with the legal system or concerns about their personal circumstances.
Here we reveal the three most common strategies insurance companies use to evade their responsibilities and, more importantly, how you can protect yourself against them. Take note.
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Strategy #1: Seeking Early Statements to Use Against You
One of the first things the insurance company will do after your accident is try to contact you quickly. A friendly adjuster might call you, seemingly concerned about your well-being, to ask you to tell them “exactly what happened.” This seemingly innocent call has a clear purpose: to get you to say something they can use to minimize or deny your claim.
Why This Tactic Works
Immediately after an accident, you’re vulnerable. You’re confused, possibly medicated, and haven’t had time to fully process what happened. Adjusters are trained to take advantage of this moment of vulnerability, asking questions specifically designed to get answers that harm your case.
For example, a simple response like “I’m fine” to the question “how are you feeling?” can later be used to argue that your injuries weren’t serious or appeared after the accident. Even apologizing out of politeness can be interpreted as an admission of fault.
How to Protect Yourself:
- Never give recorded statements without legal advice. Politely inform the insurance representative that you will first consult with your attorney.
- Limit initial communication. Only provide basic information such as your name and contact details.
- Remember that everything you say can be used against you. Even seemingly harmless comments about how you’re feeling.
- Consult with an attorney before signing any document or accepting any offer.
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With 60 years of experience defending accident victims in New York, at Proner & Proner we've seen all the tactics that insurance companies use to take advantage of individuals, who often face various barriers such as unfamiliarity with the legal system or concerns about their personal circumstances.
Strategy #2: Delaying the Process to Put Financial Pressure on You
This is another strategies insurance companies use to avoid paying for your accident: they know perfectly well that after an accident, many people face immediate financial pressures. Medical bills, inability to work, and family responsibilities create a desperate situation.
Taking advantage of this economic vulnerability, insurance companies deliberately extend the process with delaying tactics: requesting unnecessary documentation, taking weeks to respond to communications, repeatedly changing adjusters to “restart” the case, or simply offering ridiculously low amounts hoping your desperation will force you to accept.
Why This Tactic Works
This strategy takes advantage of a simple reality: time plays in favor of the insurance company and against you. Each day that passes, your financial situation may deteriorate, increasing the pressure for you to accept any offer, however unfair. For many families who live with narrow economic margins, this pressure becomes almost unbearable.
How to Protect Yourself:
- Seek legal representation immediately. An experienced attorney knows the legitimate timeframes and can pressure the insurance company when it’s deliberately delaying the process.
- Document all communication. Keep a detailed record of each interaction, including dates, times, and the content of conversations.
- Explore temporary financial assistance options. Your attorney can advise you on options while your case is being resolved.
- Don’t accept the first offer out of desperation. First offers are almost always significantly less than what you legally deserve.
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Strategy #3: Investigating Your Medical History and Social Media to Discredit Your Injuries
Let’s see the last of the strategies insurance companies use to avoid paying for your accident: once you submit a substantial claim, insurance companies immediately begin looking for ways to prove that your injuries aren’t as serious as you claim, that they existed before the accident, or that your lifestyle contradicts your allegations of pain and suffering.
For this, they will thoroughly investigate your medical history looking for “pre-existing conditions” and monitor your social media hoping to find photos or posts they can use to suggest you’re not as injured as you say (like photos at a family celebration or playing with your children). They may even send investigators to follow you to take a photo or video at the most compromising moment: for example, when you make a superhuman effort to carry groceries or keep up with your child in the park (in the video it may seem like you’re fine, even though you’re actually suffering from your injury).
Why This Tactic Works
This strategy is particularly effective against individuals who have a strong work ethic and sense of responsibility, where they continue working and fulfilling family obligations even when injured. Additionally, many people tend to post happy moments on social media, regardless of their actual situation, which can be used against them in their claims.
How to Protect Yourself:
- Be completely honest with your doctor and attorney about pre-existing medical conditions. It’s better they know beforehand than discover it through the insurance company. Be very careful!
- Avoid posting on social media platforms.
- Strictly follow medical recommendations. Don’t engage in activities prohibited by your doctor, as they could be documented and used against you.
- Keep a detailed diary of your symptoms and daily limitations to counter any attempt to minimize your injuries.
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Proner & Proner and Mitchell Proner: Your Best Defense Against Insurance Companies
When facing powerful insurance companies, you need a legal team that not only knows their tactics but has a proven track record of beating them. This is where Proner & Proner, led by renowned lawyer Mitchell Proner, make a difference in your case.
The Mitchell Proner Advantage: More Than 30 Years of Unparalleled Experience
Mitchell Proner isn’t just another lawyer; he’s a legend in the personal injury field with more than three decades dedicated exclusively to fighting insurance companies. He knows all the strategies insurance companies use to avoid paying for your accident. His experience includes:
- Hundreds of trials won against the largest insurance companies in the country, establishing precedents that have benefited thousands of accident victims.
- Multimillion-dollar verdicts and settlements that have changed the lives of Latino and American families who initially received ridiculously low offers.
- Recognition as a “Super Lawyer” for more than 15 consecutive years, an honor reserved for the top 5% of lawyers.
- Personal experience as a victim of a serious accident, giving him a unique understanding of the physical, emotional, and financial pain his clients experience.
Mitchell Proner personally knows the executives, lawyers, and tactics of every major insurance company operating in New York. When insurance companies see that Mitchell Proner represents your case, they know they won’t be able to use their usual strategies.
Why Proner & Proner Makes the Difference
With 60 years representing New York accident victims, we haven’t just seen insurance company tactics evolve, we’ve perfected specific strategies to counter them:
- Diverse, professional team: From the receptionist to the lead attorneys, you can express every important detail of your case clearly. We understand not just your words, but also the nuances that other offices might overlook.
- Network of specialized medical experts: We collaborate with the best medical specialists who can scientifically document your injuries, countering the insurance company’s attempts to minimize your pain.
- Dedicated team of investigators: While you focus on recovery, our investigators gather critical evidence, interview witnesses, and build a solid case from day one.
- Deep knowledge of New York communities: Our team comes from diverse backgrounds, and Mitchell, our lead attorney, has deep connections throughout New York. At Proner & Proner we understand the specific realities faced by our clients, from concerns about their unique circumstances to family responsibilities.
- Resources to sustain you during the process: We’ll look for workers’ compensation insurance or the no-fault policy that can pay your lost wages while the final compensation arrives. In case there are no available insurances, we can connect you with services that help you manage financial difficulties while we fight for your full compensation.
Additionally, our fee policy means you pay absolutely nothing unless we win your case. This eliminates the financial barrier that prevents many people from seeking the quality legal representation they deserve.
Mitchell Proner's Personal Commitment to the New York Community
Unlike other prominent lawyers who delegate cases to junior associates, Mitchell Proner personally supervises every case our firm accepts. His commitment to the community goes beyond the courtroom:
- Sponsors educational programs about legal rights in communities throughout New York
- Gives you his own personal cell phone number for you to call whenever you need
- Offers free legal advice at community events and in a weekly broadcast available on YouTube, Facebook, and Instagram
- Has fought for legislative changes that protect workers in high-risk sectors
Don’t let insurance companies turn you into another statistic. Don’t let them execute all the strategies insurance companies use to avoid paying for your accident. If you’ve suffered an accident, contact us today to schedule a free consultation at our offices in Queens or Manhattan. If you’re bedridden or in the hospital, we can also visit you and explain your rights.
With Mitchell Proner and Proner & Proner, you’ll face insurance companies with the same level of power and experience they have, finally leveling the playing field to obtain the justice and compensation you truly deserve.
We return our clients’ phone calls. We are available 24/7, 365 days a year. I give out my personal cell phone number to all my clients, and I tell them they can feel free to contact me at any time. That’s what makes us different.
