The MAXOUT Lawyer | May 22, 2026 | Personal Injury
How Insurance Companies Try to Lowball Injury Claims in Louisiana — And How We Fight Back
Before I started MAXOUT Injury Lawyers, I spent years on the other side of these cases. I worked at a large defense firm in Dallas defending insurance companies against injury claims. Then I came back to Louisiana and did the same thing at one of the oldest defense firms in the state.
I sat in the rooms where they talked about how to handle claimants. I reviewed the files they built to deny and minimize claims. I watched the strategies that worked — and the ones that didn’t.
And then I decided I was done working for Goliath.
When I started MAXOUT, I made a deliberate decision to use everything I learned against the same companies I used to defend. Because the people calling my office now are the people I was trained to hold down. And they deserve to know what they’re up against.
So here is an honest look at how insurance companies try to minimize personal injury claims in Louisiana — and how we counter every tactic.
Tactic 1: The Early, Fast Settlement Offer
Within days of your accident — sometimes within hours — an adjuster may call with a settlement offer. They’ll frame it as good news. They want to help you get this resolved quickly so you can ‘move on.’
That offer is almost never the real value of your case. Insurance companies make early offers because they know the full picture of your injuries isn’t clear yet. They’re betting you’ll take less now rather than wait to find out what you’re actually owed.
I’ve seen cases where someone took an early offer for $3,000 — signed a release — and then found out two weeks later they had a herniated disc that required surgery. Once you sign, you cannot go back. The case is closed.
What we do: We never advise settling before maximum medical improvement — the point where your doctors can say with confidence what your long-term injuries and limitations are. Before that point, the true value of the case is unknown, and an early settlement will almost always undervalue it.
Tactic 2: The Recorded Statement Request
One of the first things an adjuster will ask for is a recorded statement. They’ll say it’s routine. They’ll say it helps them process your claim faster.
What it actually does: it locks you into a version of events at the worst possible moment — when you’re injured, disoriented, possibly on medication, and don’t know the full extent of your injuries yet. Anything inconsistent between that statement and what you say later becomes ammunition.
‘At the scene, did you tell the officer you felt okay?’ Yes — because you didn’t know you had a concussion yet. Now they use it to argue your injuries came from somewhere else.
What we do: We tell our clients, before they’re clients — don’t give a recorded statement to the at-fault driver’s insurance company without legal counsel. You are not required to. And the refusal cannot be used against you.
Tactic 3: Disputing Causation
Even when fault for the accident is clear, insurance companies will often pivot to arguing that your injuries weren’t caused by this accident. Pre-existing conditions are a favorite target.
Had back problems five years ago? They’ll pull every medical record they can find to show your current back pain predates the crash. Had a prior car accident? They’ll argue this injury is from that one, not this one.
What we do: We work with your treating physicians to document clearly that the accident aggravated or worsened your condition. Louisiana law allows recovery for the aggravation of pre-existing conditions — the insurance company just doesn’t want you to know that. We also use accident reconstruction experts and biomechanical analysis when the defense argues the impact wasn’t severe enough to cause the claimed injuries.
Tactic 4: Using Your Social Media Against You
From the moment a claim is filed, adjusters and defense investigators monitor claimants’ social media. They are looking for anything inconsistent with your claimed injuries.
Posted a photo at a family crawfish boil? They’ll argue you were mobile and social. Checked in at a gym, even for stretching your legs? They’ll claim you’re not as injured as you say.
What we do: We advise every client, immediately: do not post about your accident, your injuries, or your activities until your case is resolved. Set accounts to private. Do not accept new friend requests from people you don’t know. And understand that private accounts are not necessarily private in litigation — discovery can reach them.
Tactic 5: Dragging Out the Process
Delay is a strategy. Insurance companies know that injured people have medical bills piling up, may be out of work, and are under financial pressure. The longer the process drags on, the more likely a desperate claimant is to accept a lowball offer.
They’ll ask for more documentation. Then more time to review it. Then they’ll say the adjuster handling your file is on vacation. Then they’ll dispute something else.
What we do: We set timelines and hold them to it. We document every delay and every communication. And if negotiation is going nowhere, we file suit — because the discovery process and a trial date tend to focus insurance company minds considerably.
Tactic 6: Inflating Your Fault Percentage
Louisiana’s comparative fault system means that reducing your fault percentage directly reduces what they owe. If they can argue you were 30% at fault instead of 10%, your recovery drops by 20%.
They’ll dig through cell phone records looking for distracted driving. They’ll look at your speed. They’ll look at whether you had your seatbelt on. They’ll look for anything to move that number.
What we do: We investigate the accident thoroughly and independently. We gather evidence — surveillance footage, black box data, witness statements, accident reconstruction — to establish what actually happened and who was actually at fault. Their version of events is not the final version.
Tactic 7: The Lowball Final Offer With an Expiration Date
Near the end of negotiations, adjusters will sometimes present a final offer with an artificial deadline — ‘this offer expires Friday.’ The pressure is designed to prevent you from thinking it through or getting another opinion.
Their deadline is not your deadline. The only deadline that legally matters is the prescriptive period. An adjuster’s ‘Friday offer’ is a negotiating tactic. We’ve had offers that ‘expired’ get reinstated — and significantly improved — once we made clear we were prepared to litigate.
Don’t let the insurance company write the ending of your story. Call Max.
Leesville: (337) 239-6292 | DeRidder: (337) 239-0777 | Toll-free: (888) MAXOUT-1
Free consultation. We’ll review your situation and tell you whether you’re getting a fair deal. No fee unless we win. And we fight to win.