Insurance adjusters are not on your side — they work for the insurance company, which profits when it pays less on claims. Understanding the specific tactics adjusters use to minimize or deny personal injury claims in Nevada helps you recognize when you are being manipulated and know when to stop talking and call an attorney. Marathon Law Group counters insurance adjuster tactics for Las Vegas injury victims throughout Clark County.
Tactic 1: The Fast, Early Settlement Offer
In the days or weeks immediately after your accident, the insurance adjuster may contact you with a friendly demeanor and a settlement offer designed to feel like a gift: “We want to take care of you — here’s $5,000 to settle this up.” This offer is designed to close the claim before you know the full extent of your injuries (many serious injuries don’t reach maximum impact until weeks or months after the accident), before you have an attorney, and before you have medical bills that demonstrate the true cost of treatment. Accepting this offer requires signing a release that permanently bars any future claim — if you later discover herniated discs, need surgery, or develop lasting complications, you cannot reopen the case. Never accept an early settlement offer before you have completed treatment and consulted an attorney.
Tactic 2: The Recorded Statement Request
Shortly after the accident, the at-fault driver’s insurer will ask to take your “recorded statement” — a recorded phone interview about the accident and your injuries. The adjuster frames this as routine and necessary to process your claim. In reality, it is an evidence-gathering session designed to get you to say things that minimize your injuries (“I’m feeling okay,” “it was mostly my shoulder”), undermine liability (“I wasn’t watching closely either”), or provide inconsistent statements to use against you later. You have no obligation to give a recorded statement to the other driver’s insurer. Politely decline and consult an attorney before making any recorded statement.
Tactic 3: Claiming Your Injuries Are Pre-Existing
After obtaining your medical records (they’ll request authorization early in the process), adjusters look for any prior treatment for the same body parts affected in the accident. If they find a prior chiropractic visit for low back pain, they’ll claim your current back injury is unrelated to the accident. This is almost never an honest application of the law — Nevada’s eggshell plaintiff rule means defendants take victims as they find them, including with pre-existing conditions that were aggravated by the accident. The aggravation of a pre-existing condition is compensable; the adjuster’s argument conflates “prior condition existed” with “accident didn’t cause any harm,” which are two entirely different questions.
Tactic 4: Claiming Gap in Treatment Means Minor Injury
If there is any gap between your accident and your first medical visit, or a gap in your treatment, the adjuster will argue that this shows your injuries weren’t serious. A two-day gap between the accident and the ER visit means you “weren’t that hurt.” A two-week gap in physical therapy means you “weren’t complying with treatment” or “weren’t really in pain.” These arguments are used to devalue claims. Seeking medical care as quickly as possible after an accident, and maintaining consistent treatment without gaps, is your most powerful protection against this tactic.
Tactic 5: Property Damage Photo Arguments
Adjusters frequently send photos of your slightly damaged car to argue that a low-speed impact couldn’t have caused serious injury. The argument: “The car only had $800 in damage, so you couldn’t have been seriously hurt.” This argument is scientifically contested — research shows that vehicle damage and occupant injury don’t correlate reliably in low-speed impacts because modern bumpers are designed to absorb impact while the passenger compartment’s rigid structure transmits force to the occupants. Biomechanical expert testimony counters this tactic directly.