When dealing with personal injury cases, insurance adjusters often employ various tactics to minimize payouts or deny claims altogether. One such tactic is the shift of blame, where the adjuster attempts to transfer responsibility for the accident or injury from their insured to the claimant or another party. In this article, we will explore the shift of blame tactic, its implications, and how to prove different elements to counter this strategy.
Understanding the Shift of Blame Tactic
The shift of blame tactic involves the insurance adjuster trying to convince the claimant, their attorney, or even the court that the accident or injury was not entirely their insured’s fault. This can be achieved by:
- Partial responsibility: The adjuster may argue that the claimant was partially responsible for the accident, thereby reducing the insured’s liability.
- Comparative negligence: The adjuster may claim that the claimant’s actions contributed to the accident or injury, which can lead to a reduction in damages.
- Third-party liability: The adjuster may attempt to shift blame to another party, such as another driver, a pedestrian, or even a manufacturer.
Implications of the Shift of Blame Tactic
The shift of blame tactic can have significant implications for personal injury claimants. If successful, it can:
- Reduce damages: By transferring blame to the claimant or another party, the insurance company may reduce the amount of damages they are required to pay.
- Deny claims: In some cases, the shift of blame tactic may lead to the denial of the claim altogether.
- Prolong the claims process: The shift of blame tactic can lead to a prolonged and contentious claims process, causing unnecessary stress and delay for the claimant.
Proving Different Elements to Counter the Shift of Blame Tactic
To counter the shift of blame tactic, it is essential to prove different elements of the case. Here are some key elements to focus on:
- Liability: Establishing liability is crucial in personal injury cases. Gather evidence, such as witness statements, accident reports, and video footage, to prove that the insured was responsible for the accident or injury.
- Causation: Prove that the insured’s actions or negligence caused the accident or injury. This can be achieved through expert testimony, medical records, and other evidence.
- Damages: Document the extent of the claimant’s injuries and damages, including medical expenses, lost wages, and pain and suffering.
- Comparative negligence: If the insurance adjuster claims comparative negligence, gather evidence to refute this claim. This may include witness statements, accident reconstruction reports, and other evidence that establishes the claimant’s innocence.
- Third-party liability: If the insurance adjuster attempts to shift blame to a third party, investigate and gather evidence to establish the third party’s liability, if any.
Strategies to Counter the Shift of Blame Tactic
To counter the shift of blame tactic, consider the following strategies:
- Gather evidence: Collect and preserve all relevant evidence, including witness statements, accident reports, medical records, and video footage.
- Consult experts: Engage experts, such as accident reconstruction specialists, medical professionals, and economists, to provide testimony and evidence to support the claimant’s case.
- Develop a strong narrative: Create a clear and compelling narrative that establishes the insured’s liability and the claimant’s innocence.
- Negotiate strategically: When negotiating with the insurance adjuster, be prepared to address the shift of blame tactic and provide evidence to refute it.
- Seek legal representation: If the insurance adjuster continues to employ the shift of blame tactic, consider seeking legal representation to protect the claimant’s rights and interests.
By understanding the blame tactic and gathering evidence to prove different elements of the case, claimants can effectively counter the shift of blame and secure fair compensation for their injuries and damages. Remember to gather evidence, consult experts, develop a strong narrative, negotiate strategically, and seek legal representation if necessary to protect your rights and interests.