Filing a personal injury claim in Massachusetts can feel like a relief after the chaos of an accident. You likely expect the insurance company to review the facts, look at your medical bills, and offer a fair settlement that covers your losses. Unfortunately, the reality is often much more frustrating. Insurance companies are for-profit businesses, and their primary goal is to minimize payouts to protect their bottom line. To achieve this, insurance adjusters often employ a variety of subtle and aggressive tactics designed to undervalue your claim or deny it entirely.

In Massachusetts, specific laws govern how these claims are handled, but adjusters are trained to operate within the margins of these rules to save the company money. They may appear friendly and helpful on the phone, but their role is to gather information that can be used to pay you as little as possible. From pressuring you into a quick settlement to twisting your own words against you, these "tricks" are part of a calculated playbook that catches many unrepresented victims off guard.

This article breaks down the most common strategies insurance adjusters use to devalue personal injury cases in Massachusetts. Understanding these tactics—and knowing the legal protections available to you—is important for anyone seeking fair compensation after an injury. By recognizing these maneuvers early, you can take the necessary steps to protect your rights and ensure your final settlement truly reflects the physical and financial impact of your accident.

The "Quick Settlement" Lowball Offer

One of the most effective tricks in the adjuster’s playbook is the immediate settlement offer. Shortly after an accident—sometimes before you have even seen a specialist—an adjuster may contact you with a check in hand. They often frame this as a "generous" or "one-time" offer to help you pay off immediate bills.

However, these early offers almost never account for the full scope of your damages. If you accept a settlement before you reach Maximum Medical Improvement (MMI), you lose the right to pursue additional compensation if your condition worsens or requires surgery later. In Massachusetts, once you sign a release, the case is typically closed forever. Adjusters bank on your financial stress to get you to sign away your rights for a fraction of what your case is worth.

Shifting Blame: The 51% Rule in Massachusetts

Massachusetts follows a modified comparative negligence rule with a 51% bar. This means that if you are found to be more than 50% at fault for an accident, you are legally barred from recovering any compensation at all. Even if you are less than 50% at fault, your final settlement will be reduced by your percentage of responsibility.

Adjusters exploit this law by trying to "dig up" any evidence that you contributed to the accident. They might ask leading questions like, "Could you have done more to avoid the crash?" or "How much did the rain affect your driving?". Any admission, no matter how small, can be used to shift a percentage of blame onto you and slash your payout.

Weaponizing Recorded Statements and Medical Authorizations

Adjusters often present a recorded statement as a mandatory part of the claims process. In reality, you are generally not required to give a recorded statement to the at-fault party's insurance company. These recordings are carefully designed to elicit inconsistencies in your story or catch you downplaying your pain during a "good day" shortly after the crash.

Similarly, an adjuster may ask you to sign a "blanket" medical authorization. While it sounds reasonable for them to see your injury records, these forms often give them access to your entire medical history. They will then search for pre-existing conditions—like an old back strain from ten years ago—to argue that your current pain is not caused by the accident, but is instead a flare-up of a prior issue.

Tactical Delays and the "War of Attrition"

Some adjusters use time as a weapon. By ignoring phone calls, "losing" paperwork, or requesting unnecessary documentation, they intentionally drag out the process. This is often a war of attrition intended to wear you down emotionally and financially. As your medical bills pile up and you miss time from work, you may become desperate enough to accept a lowball offer just to end the stress.

In Massachusetts, insurance companies are legally required to conduct a prompt and fair investigation. If an insurer is intentionally stalling without a valid reason, they may be acting in bad faith.

Massachusetts Bad Faith Laws: Chapters 93A and 176D

Massachusetts has powerful consumer protection laws designed to keep insurance companies honest. M.G.L. Chapter 93A and Chapter 176D prohibit unfair or deceptive insurance practices. These laws specifically forbid insurers from:

• Failing to acknowledge communications reasonably promptly.
• Refusing to pay a valid claim without a reasonable investigation.
• Failing to offer a fair and equitable settlement when liability is reasonably clear.
• Misrepresenting policy provisions or facts related to coverage.

If a judge finds that an insurance company willfully or knowingly violated these laws, the victim may be entitled to double or triple damages, as well as attorney's fees. These statutes provide significant leverage to hold adjusters accountable when they use underhanded tactics to devalue a claim.

Monitoring Social Media and Surveillance

Anything you post online can be used against you. Adjusters and their investigators frequently monitor your social media profiles. A photo of you smiling at a birthday party or walking through a grocery store can be presented as "proof" that your injuries are not as severe as you claim.

In high-value cases, insurance companies may even hire private investigators to conduct physical surveillance. They look for any activity that contradicts your reported physical limitations. Even if the photo is taken out of context, it can destroy your credibility and lead to a significantly undervalued settlement.

Downplaying Non-Economic Damages

Since there is no "receipt" for pain and suffering, emotional distress, or loss of enjoyment of life, adjusters often assign these damages little to no value in their initial calculations. They often use software programs to generate offers based solely on objective costs like ER visits, ignoring the human impact of the injury.

Without strong documentation—such as a pain journal, witness testimony, or medical evaluations—it is easy for an adjuster to claim these losses are unsupported. In Massachusetts, once liability and fault are established, capturing the full extent of non-economic damages is a key area where a fair settlement is won or lost.

Call Brandon J. Broderick For Legal Help

Insurance adjusters are professionals whose job is to pay you as little as possible. When you are dealing with the physical and emotional toll of an injury, you shouldn't have to also battle a multibillion-dollar corporation that is using your vulnerability against you. The best way to level the playing field is to have an experienced legal team on your side.

At Brandon J. Broderick, Attorney at Law, we know every trick in the book. We understand how Massachusetts law protects you. We handle all communication with the adjusters, so you don't have to worry about saying the wrong thing or being pressured into an unfair deal.

If you feel your claim is being undervalued or delayed, don't wait until the insurance company wears you down. We work on a contingency fee basis, which means you don't pay us unless we win your case. Contact us today for a free consultation. Let us fight for the full compensation you need to move forward with your life.

Winning your case requires a strategic partnership with your personal injury attorney. Learn how to avoid common pitfalls like settling too early and discover the essential steps to protect your right to maximum compensation.