After a slip and fall accident, one of the first things you’ll likely deal with — aside from medical treatment — is the insurance company. Whether it’s the property owner’s insurer, a business liability carrier, or even a homeowner’s policy, the insurance company plays a major role in how your claim is handled and whether you receive fair compensation.
Unfortunately, insurance companies aren’t in the business of paying full settlements quickly. Their job is to protect their bottom line, not yours. Understanding how insurers approach slip and fall cases — and knowing how to protect yourself — can make a huge difference in the outcome of your claim.
The Insurance Company’s First Step: Gathering Information
Once you report a slip and fall accident, the insurance company immediately begins gathering information. They’ll assign a claims adjuster to your case — someone trained to investigate and evaluate the claim’s validity.
That adjuster will look at things like:
- Where the accident occurred
- Who owns or manages the property
- The condition of the surface at the time of the fall
- Weather conditions (especially if ice or rain were factors)
- Your medical records and treatment notes
- Any witness statements or photos you provide
It may seem like they’re just collecting facts, but their real goal is to find any reason to minimize or deny your claim.
Common Tactics Insurance Companies Use
Insurance adjusters are professionals at reducing payouts. They use several strategies to accomplish that, often catching accident victims off guard.
- Questioning Fault
They might suggest that you were partially or entirely to blame for your own fall — maybe you weren’t watching where you were going, or your shoes were inappropriate for the conditions. New Jersey follows a “comparative negligence” rule, which means if you’re found partly responsible, your compensation can be reduced by that percentage. If they can assign you more than 50% of the blame, they may deny your claim altogether.
- Downplaying Your Injuries
Adjusters often argue that your injuries aren’t as severe as you claim. They might say that your medical treatment was unnecessary or that your injuries existed before the fall.
- Pressuring You to Settle Quickly
After your accident, the insurer might offer a quick settlement — usually before you fully understand your injuries or long-term medical needs. This offer might sound appealing when you’re stressed or facing medical bills, but it’s almost always far less than what your claim is worth.
- Using Your Words Against You
Many people make the mistake of giving recorded statements to adjusters. The insurer can then use your own words — even something said innocently — to argue that you’re exaggerating or changing your story.
- Delaying the Process
Insurers know that people get frustrated or desperate when bills start piling up. Delaying your claim is a tactic designed to make you accept a low offer just to get it over with.
How to Protect Yourself After a Slip and Fall
While insurance companies have plenty of resources on their side, there are ways you can protect yourself and your right to fair compensation.
- Document Everything
Immediately after the fall, take photos of the area, any visible hazards, and your injuries. Collect witness names and contact information. If possible, file an incident report with the property owner or manager.
- Seek Medical Care Right Away
Even if you think your injuries are minor, see a doctor. Some injuries — like concussions or internal bruising — don’t show symptoms right away. Medical records are critical evidence linking your injuries to the accident.
- Avoid Giving Recorded Statements
You’re not required to give a recorded statement to the other party’s insurance company. Politely decline until you’ve spoken with an attorney.
- Keep Detailed Records
Save medical bills, treatment notes, prescription receipts, and any correspondence with insurers. A strong paper trail supports your claim and helps your lawyer calculate a fair settlement.
- Don’t Settle Too Soon
Wait until your doctor confirms that you’ve reached “maximum medical improvement” — meaning your recovery has plateaued. Settling too early might mean missing compensation for future treatment or ongoing pain.
What Insurance Adjusters Don’t Want You to Know
Insurance adjusters often seem friendly, but remember: they represent the insurance company, not you. Their primary goal is to reduce the company’s liability. They may say they just need to “get your side of the story” or that settling quickly will “save everyone time.”
In reality, once you accept a settlement and sign a release, your claim is closed — forever. You can’t go back and ask for more, even if new medical issues arise later.
That’s why it’s so important to have an experienced slip and fall attorney review any settlement offers before you sign. A good lawyer can assess whether the amount truly reflects your medical costs, lost wages, and long-term pain or disability.
Why Having an Attorney Levels the Playing Field
When you have a lawyer representing you, the insurance company knows they can’t easily take advantage. Attorneys understand how insurers operate, what evidence matters most, and how to negotiate effectively. They can also bring in expert witnesses — like medical professionals or safety engineers — to strengthen your claim.
An experienced legal team can calculate your total damages, including not just medical expenses but also lost income, pain and suffering, and any long-term limitations caused by your injuries.
If you’re facing pressure from an insurer or simply want someone to fight for your rights, reach out to The Law Offices of Anthony Carbone. With more than three decades of experience handling slip and fall cases in Jersey City, Attorney Carbone knows the tactics insurers use and how to secure the fair compensation you deserve.
Final Thoughts
Insurance companies handle slip and fall claims with one goal in mind — saving money. But your injuries, medical bills, and quality of life are worth far more than a lowball offer. The best way to protect yourself is to stay informed, document everything, and work with a trusted attorney who can stand up to the insurance company on your behalf.
Remember: once you settle, there’s no going back. Take the time to make sure you’re being treated — and compensated — fairly.