You were in an accident. You’re hurt, dealing with medical bills, and now the insurance company is questioning your injuries. Maybe they’re downplaying your pain, blaming it on a pre-existing condition, or delaying your claim in hopes you’ll give up.
This isn’t just frustrating: it’s a tactic. Insurance companies protect profits, not people. Nevada law protects policyholders from unfair claims handling by their own insurer, but enforcing that protection isn’t always easy
If your injury claim is being disputed, delayed, or undervalued, you don’t have to fight this alone. Jack Bernstein Injury Lawyers has been helping accident victims in Las Vegas for over 40 years, investigating claims and pursuing any compensation that may be available under the facts and the law. Here’s how to protect your claim and push back against unfair insurance tactics.
Why Do Insurance Companies Dispute Injury Severity?
Insurance companies don’t make money by paying out large settlements. Their goal is to minimize payouts, and one of the most common ways they do this is by challenging the severity of your injuries. Even if your injuries are real and serious, the insurance company may attempt to cast doubt on:
- How severe your injuries actually are
- Whether they were caused by the accident
- Whether your medical treatment is necessary
These disputes aren’t random: they are calculated tactics used to protect the company’s bottom line. If you’ve been in an accident in Las Vegas or anywhere in Nevada, understanding how these tactics work can help you push back.
Common Tactics Insurance Companies Use
Insurance adjusters are trained to downplay claims. Here’s how they do it:
1. Claiming Your Injuries Aren’t That Serious
- They may argue your pain doesn’t match the type of accident you were in.
- They could suggest that you’re exaggerating or that your doctor is over-treating you.
- Example: You suffered a serious back injury, but they claim it’s just a minor strain and doesn’t require extensive treatment. When that argument rests on how little the cars were damaged, it is the low-impact defense, and medical evidence is what answers it.
2. Blaming Pre-Existing Conditions
- If you have any prior medical conditions, they might try to shift the blame away from the accident.
- This is common with back injuries, joint pain, and soft tissue damage.
- Example: You have a history of mild neck pain, and they argue your whiplash wasn’t caused by the accident but was already there.
3. Using “Independent” Medical Exams (IMEs) Against You
- They may request an independent medical examination, but these doctors often work for the insurance company.
- The goal? To find a reason to downplay your injuries or limit treatment.
4. Delaying Your Claim to Pressure You
- If they stall long enough, you might get desperate and accept a lowball offer.
- Nevada law gives a policyholder bad faith protections against their own insurer (NRS 686A.310(2)), but proving intentional delays can be difficult without legal help.
Nevada’s Legal Protections Against Bad Faith Insurance Tactics
Nevada’s unfair claims settlement practices statute (NRS 686A.310) lists the practices that count as unfair in settling a claim. If an insurer unreasonably denies, delays, or underpays a valid claim, they could be held accountable.
| Bad Faith Insurance Practices in Nevada | What It Means |
|---|---|
| Unreasonably Denying a Claim | Denying valid claims without proper investigation. |
| Delaying Payouts Without Cause | Taking too long to respond or process claims. |
| Misrepresenting Policy Terms | Twisting policy language to justify denials. |
| Lowball Offers | Offering far less than what your claim is worth. |
If your own insurer commits one of these bad faith practices, NRS 686A.310(2) makes it liable to you, its insured, for the damages you sustain, which can reach beyond the value of the claim itself. That statutory damages action runs only to an insurer’s own insured, so it is not a claim against the other driver’s insurer.
Insurance companies will not make this process easy for you. That’s intentional. But understanding their tactics is the first step in fighting back. Next, we’ll cover how to prove your injuries and build a case that insurance adjusters can’t ignore.
Proving Your Injuries: How to Build a Strong Case
If the insurance company is questioning the severity of your injuries, the best way to push back is with solid evidence. They can dispute opinions, but they can’t easily argue against clear documentation that supports your claim.
A well-documented case can:
✅ Prevent delays in your claim.
✅ Counter insurance tactics meant to downplay your injuries.
✅ Increase your settlement value by showing the full impact of your injuries.
Key Evidence to Strengthen Your Claim
1. Medical Documentation (Your Best Weapon)
- Get everything in writing: medical records, doctor’s notes, test results.
- Ask your doctor to clearly state how the accident caused your injuries (causation matters).
- Keep track of prescriptions, therapy appointments, and medical referrals to show ongoing care.
2. Independent Medical Opinions
- If the insurance company orders their own medical exam, consider getting an independent medical evaluation (IME) from a neutral doctor.
- Why? Because insurance-ordered IMEs often downplay injuries: a second opinion can challenge their findings.
3. Proof of Daily Life Impact
- Keep a pain journal: Write down how your injuries affect your sleep, work, and daily routine.
- Save text messages or emails showing missed events, work struggles, or help you’ve needed from family.
4. Work & Financial Records
- Get proof of lost wages from your employer.
- Keep track of missed workdays, job limitations, or lost opportunities due to your injury.
Key Takeaway: The more evidence you have, the harder it is for insurance adjusters to downplay or deny your claim. A strong case means a stronger settlement.
Dealing with the Insurance Adjuster: Protect Your Rights
Insurance adjusters are not on your side: their job is to settle claims for as little as possible. Many people unknowingly say or do things that hurt their case. Knowing how to communicate effectively can protect your claim.
What to Do When Speaking to an Insurance Adjuster
✅ Keep conversations short & professional: Stick to basic facts (date, time, location of accident).
✅ Do NOT admit fault: Even saying “I feel fine” can be used against you later.
✅ Be careful with recorded statements: Don’t give one to the other driver’s insurer before you talk to a lawyer, since adjusters may twist your words to weaken your claim. Check your own policy’s cooperation terms before refusing your own insurer.
✅ Take notes: Record names, dates, and details of every conversation.
✅ Let them know you are documenting everything: This makes them more cautious with their tactics.
Signs the Adjuster Is Trying to Undermine Your Claim
| Tactic | What It Means for You |
|---|---|
| Lowball Offer Right Away | They hope you’ll settle fast before realizing the true value of your claim. |
| Delays & Excuses | A tactic to wear you down so you accept a lower amount. |
| Requesting a Medical Release | This can let them dig into your entire medical history to find pre-existing conditions. |
| Downplaying Your Injuries | They may suggest you’re “healing faster than expected” to reduce payout. |
| Blaming You for the Accident | If they can shift fault, they can reduce or deny your claim. |
Remember: the other driver’s insurer cannot make you give a recorded statement, sign unnecessary forms, or accept a lowball offer. Your own policy is different, because it usually includes cooperation terms that can require you to give your insurer a statement, so check them before you refuse. You have rights. Insurance companies just don’t want you to know them.
These tactics are designed to frustrate and pressure you, but the more you understand their strategies, the better you can protect yourself. Next, we’ll cover when it’s time to get a lawyer involved, and how legal representation can stop these tactics in their tracks.
When to Call a Lawyer: Recognizing the Signs
Not every injury claim requires legal representation, but if the insurance company is disputing your injuries, getting a lawyer involved early can make a significant difference. The longer you wait, the more opportunities the insurance company has to weaken your claim.
When You Should Call a Lawyer
If any of the following apply to your situation, legal help is strongly recommended:
1. The Insurance Company Is Undervaluing or Denying Your Claim
- You receive a lowball settlement offer that doesn’t cover your medical bills.
- The adjuster disputes the severity of your injuries despite medical documentation.
- They deny your claim outright without a clear reason.
2. There’s a Dispute Over Liability
- The insurance company is blaming you for the accident.
- They argue you were partially at fault, which reduces your payout in proportion to your share under Nevada’s modified comparative negligence rule (NRS 41.141) and ends it altogether if your share is greater than the combined share of the parties you are suing.
- There are multiple parties involved, and the claim is getting complicated.
3. Your Injuries Are Severe or Long-Term
- You have permanent injuries that affect your ability to work.
- You need ongoing medical treatment or rehabilitation.
- Future medical costs are uncertain, and you need to ensure they are factored into the claim.
4. The Insurance Company Is Delaying Your Claim
- The adjuster is ignoring your calls or dragging out negotiations.
- They are requesting excessive documentation to slow down the process.
- You feel like they are stalling in hopes you’ll give up.
How a Lawyer Can Help
| Legal Advantage | What It Means for You |
|---|---|
| Negotiating with the insurance company | Your lawyer argues for a fair settlement instead of leaving the number to the insurer. |
| Gathering strong evidence | A lawyer can obtain expert opinions, medical reports, and financial documentation to prove your losses. |
| Protecting your rights | Lawyers recognize bad faith tactics and can take legal action if needed. |
| Documenting the full range of your losses | A lawyer can present your medical expenses, lost wages, and pain & suffering as part of the claim. |
Bottom line: If the insurance company is making things difficult, they are doing so for a reason. Having a lawyer levels the playing field and forces them to take your claim seriously.
Jack Bernstein Injury Lawyers: Fighting for You
For over 40 years, Jack Bernstein Injury Lawyers has been standing up to insurance companies on behalf of injury victims in Las Vegas and across Nevada. We know how insurers operate, and more importantly, how to fight back.
Why Choose Jack Bernstein Injury Lawyers?
- Direct, personal representation: You don’t get passed off to a case manager. You work directly with Jack.
- Thorough case preparation: We document your injuries and build the evidence an insurer will demand before we negotiate.
- No fees unless we win: You pay nothing unless we recover money for you.
- Experience matters: With four decades of personal injury law experience, we know how to handle complex insurance disputes.
If your injury claim is being undervalued, delayed, or denied, don’t let the insurance company take advantage of you. Get a free consultation and find out how we can help.
Contact Us for a Free Consultation
If you have been injured in an accident, contact Jack Bernstein Injury Lawyers for a free, no obligation consultation with experienced Personal Injury Lawyers in Las Vegas. You will gain an advocate for every stage in the claims process, and we will pursue your claim to a resolution.
Jack Bernstein Injury Lawyers is available to help you handle your injury claim in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you personalized service and legal representation after an accident.
Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.