After a Georgia crash, the at-fault driver’s insurance company assigns an adjuster to your claim. The adjuster may be friendly and responsive, but the adjuster works for the insurer, and part of that job is closing claims at a cost the company considers reasonable. The most common lowball tactics are not illegal. They are ordinary claims-handling moves that can quietly shrink what you receive if you do not recognize them.
Here are seven tactics to watch for, and how to respond so you do not give away value by accident.
Key Takeaways
- An early offer is based on incomplete information, and a signed release usually ends your claim for good.
- You generally have no obligation to give the at-fault driver’s insurer a recorded statement.
- Broad medical authorizations can open years of unrelated records to review; you can offer crash-related records instead.
- Under Georgia’s modified comparative fault rule, every percentage point of fault matters, and 50% or more bars recovery (O.C.G.A. § 51-12-33).
- Delay runs the two-year clock for most injury lawsuits (O.C.G.A. § 9-3-33), so negotiations should not push you past the deadline.
The 7 Tactics Insurance Companies Use to Underpay Claims
1. the Quick Settlement Call
An adjuster may call soon after the crash with an offer, sometimes before you have finished seeing a doctor. A fast check can be tempting when bills are piling up. But an offer made before your treatment is complete is based on a partial picture, and if you later need imaging, injections or surgery, you usually cannot go back for more once you sign.
2. the Recorded Statement
“We just need a recorded statement for our file.” Casual answers like “I’m fine” or “I didn’t see them coming” can later be quoted to argue you were not hurt or were partly at fault. You generally do not have to give a recorded statement to the other driver’s insurer. Your own policy is different and likely requires you to cooperate with your own insurer, so check it before declining.
3. the Broad Medical Authorization
You may be asked to sign a form so the insurer can “verify your injuries.” Some forms reach years of unrelated history, which the insurer can use to look for older complaints and argue your pain came from something else. A prior condition does not erase a claim, but you can limit what you authorize to records related to the crash.
4. the Comparative Fault Gambit
Georgia uses modified comparative fault. Your damages are reduced by your percentage of fault, and if you are found 50% or more at fault, you recover nothing. Because each percentage point shifts money, adjusters may argue you were speeding, distracted or braked too hard. Evidence like the Georgia crash report, photos and witnesses can push back.
5. the Delay Game
Some claims move slowly: repeated requests for the same documents, unreturned calls, new adjusters. Delay can wear people down, especially when they are out of work, and it also runs the clock on Georgia’s two-year filing deadline.
6. Disputing Your Medical Treatment
Adjusters may argue your treatment was excessive, unnecessary or too expensive, and may point to a gap before your first appointment or missed visits as a sign you were not really hurt. If a lawsuit is filed, the defense can ask the court to order an examination by a doctor it selects (O.C.G.A. § 9-11-35). For claims arising on or after April 21, 2025, Georgia’s tort reform law also lets juries hear what health insurance would pay for your care (O.C.G.A. § 51-12-1.1), so good documentation matters.
7. the Surveillance Trap
Insurers may review public social media and, in some claims, hire investigators. A photo of you at a birthday party or carrying groceries can be presented out of context to suggest you are not hurt. Keep accounts private and avoid posting about the crash, your injuries or your activities while the claim is open.
How to Fight Back
- Get medical care and follow through. See a doctor promptly, describe every symptom and keep your appointments. Your records are the backbone of the claim.
- Keep early calls short. Confirm basic facts like your name and the date and place of the crash, and politely decline a recorded statement until you have had advice.
- Limit medical authorizations. Ask that any authorization be limited to crash-related records and a reasonable time period.
- Document everything. Keep the claim number, adjuster names, letters, emails, photos, bills, missed-work records and notes on how your injuries affect daily life.
- Do not sign until you see the full picture. Understand your diagnosis, future treatment and lost income before accepting any offer.
For a step-by-step guide to the days after a crash, see After the Wreck.
Tools Georgia Law Gives Claimants
Finding Out the Policy Limits
Under O.C.G.A. § 33-3-28, a claimant can make a sworn written request, sent by certified mail or statutory overnight delivery, and the insurer must disclose its coverage limits within 60 days. Georgia’s minimum bodily injury coverage is $25,000 per person and $50,000 per accident, so knowing the limits early can shape your strategy. If the other driver’s coverage is too small, your own uninsured motorist coverage may help.
Time-Limited Demands
In motor vehicle injury claims, a lawyer may send a written offer to settle for a set amount by a set date. O.C.G.A. § 9-11-67.1, amended in 2024, requires at least 30 days to accept, at least 40 days to pay, delivery by certified mail or statutory overnight delivery, and enough medical records to evaluate the claim. Because these demands have precise technical requirements, small mistakes can undo them.
Failure to Settle Within Limits
Under Georgia case law, an insurer that negligently or in bad faith fails to accept a valid offer to settle within its policy limits may be liable to its own insured for a larger judgment. These claims are not automatic and depend on what the insurer knew and how it responded.
When to Get Help
If an adjuster is pressing you to settle, it helps to understand what your claim may be worth first. A lawyer can handle communications with the insurer, request the policy limits, gather the medical and fault evidence and make sure the filing deadline is protected.
Frequently Asked Questions
Should I Accept the Insurance Company’s First Offer?
Not before you understand your injuries, future treatment and lost income. A first offer reflects the insurer’s view of the claim at that moment, often before treatment is finished. Once you sign a release, you usually cannot reopen the claim, even if your condition gets worse.
Do I Have to Give a Recorded Statement to the Other Driver’s Insurer?
Generally, no. You do not have an obligation to give the at-fault driver’s insurer a recorded statement, and it is reasonable to decline until you have had advice. Your own insurance policy likely requires you to cooperate with your own insurer.
Can the Insurance Company Use My Social Media Against Me?
Yes. Public posts, photos and comments can be reviewed and presented out of context to argue you are not as hurt as you say. Keep accounts private and avoid posting about the crash or your recovery while the claim is open.
How Can I Find Out How Much Insurance the At-Fault Driver Has?
O.C.G.A. § 33-3-28 lets a claimant send a sworn written request by certified mail or statutory overnight delivery, and the insurer must disclose its limits within 60 days. An attorney can make this request for you.
If an insurance company is pressuring you to settle, The Gunn Law Group offers a free, no-obligation consultation, and there is no attorney fee unless we recover for you. Hablamos español. Call 888-BIG-GUNN (888-244-4866) before you sign anything.
