How Insurance Companies Fight Pedestrian Accident Claims
Why You Need a New Mexico Pedestrian Accident Lawyer When You’re Injured
We’ve said it time and time again: insurance companies are in the business of making money, not paying out fair compensation. If you were hit by a car while walking in New Mexico, don’t expect the driver’s insurance company to hand you a fair settlement without a fight. Insurance adjusters use a range of tactics to shift blame, downplay injuries, and reduce the amount they have to pay.
At Szantho Law Firm, we’ve seen all the ways insurance companies try to avoid paying injured pedestrians what they deserve. If you or a loved one was hit by a negligent driver in Albuquerque, Santa Fe, or anywhere in New Mexico, understanding these tactics and consulting an experienced pedestrian accident attorney can help you prepare for the battle ahead.
Common Insurance Tactics Used to Deny or Reduce Pedestrian Accident Claims
- Blaming the Pedestrian for the Accident
One of the most common ways insurance companies fight pedestrian accident claims is by shifting the blame to the victim. They might argue that:
- You crossed the street outside a crosswalk (jaywalking).
- You were distracted (looking at your phone or wearing headphones).
- You darted into traffic without giving the driver time to stop.
- You were walking at night without reflective clothing, making it harder for the driver to see you.
New Mexico follows comparative negligence laws, meaning your compensation can be reduced if you’re found partially at fault. The more fault the insurance company can pin on you, the less they have to pay.
How to Fight Back:
- If you can, gather evidence from the scene, including witness statements and traffic camera footage.
- Work with an experienced pedestrian accident lawyer who can counter false accusations and protect your rights.
- Downplaying the Severity of Injuries
Insurance adjusters are trained to question the extent of your injuries and argue that they’re not as bad as you claim. They may say:
- Your injuries were pre-existing and not caused by the accident.
- Your medical treatment was unnecessary or excessive.
- You should have recovered faster than you did.
Severe pedestrian accident injuries—such as traumatic brain injuries, spinal cord damage, and internal bleeding—often require long-term treatment. Insurance companies know this and try to limit their financial responsibility.
How to Fight Back:
- Seek medical attention immediately and follow all treatment recommendations.
- Keep detailed medical records, including doctor’s notes and test results.
- Don’t sign anything or accept a quick settlement without legal advice.
- Pressuring Victims Into Accepting a Lowball Settlement Offer
Shortly after your accident, the insurance company may offer a quick settlement. While this might seem like a relief, it’s usually a lowball amount that doesn’t fully cover your medical expenses, lost wages, or pain and suffering.
Why do they do this? Because they know you might be struggling financially and are tempted to accept anything. And once you accept a settlement, you can’t ask for more money later—even if your injuries turn out to be worse than expected.
How to Fight Back:
- Never accept the first settlement offer without reviewing it with a lawyer.
- Have a full medical evaluation to understand the long-term impact of your injuries.
- Let your attorney negotiate for the maximum compensation you deserve.
- Arguing That the Driver Wasn’t at Fault
Even in cases where it seems obvious that the driver was responsible, insurance companies may try to avoid liability by blaming external factors, such as:
- Poor road conditions or weather.
- Malfunctioning traffic lights or missing crosswalks.
- The actions of another driver who “forced” them into the accident.
While these factors may have contributed to the crash, they don’t absolve the driver of responsibility.
How to Fight Back:
- Collect witness statements, traffic camera footage, and police reports to prove the driver’s negligence.
- Work with accident reconstruction experts if needed.
- Using Delay Tactics to Wear You Down
Insurance companies know that medical bills and lost wages can create financial pressure for accident victims. They often drag out the claims process, hoping you’ll get desperate and accept less than you deserve.
Common delay tactics include:
- Repeatedly asking for more documents or information.
- Claiming they lost your paperwork and making you resubmit everything.
- Taking weeks or months to respond to inquiries.
How to Fight Back:
- Keep copies of all correspondence with the insurance company.
- Have your lawyer handle all communications so they can’t use these tactics against you.
- Be patient—a proper settlement is worth the wait.
The Most Ridiculous Arguments Insurance Companies Use to Avoid Paying
Insurance companies are known for stretching the limits of logic when denying pedestrian accident claims. They’ll go to great lengths to twist facts, shift blame, and come up with the most absurd excuses—all to avoid paying you the compensation you deserve. Here are some of the most outrageous arguments insurance companies try to use against injured pedestrians:
- "You Should Have Jumped Out of the Way"
Yes, you read that right. Some insurance companies have actually argued that a pedestrian had enough time to jump, dodge, or somehow avoid getting hit—as if they were a trained stunt performer.
Reality Check: Pedestrians don’t have superhuman reflexes. If a distracted or speeding driver barrels through a crosswalk, there’s often no time to react.
- "You Weren’t Wearing Bright Enough Clothing"
Insurance adjusters love to argue that a pedestrian was "invisible" because they weren’t dressed in neon colors like a construction worker or a traffic cone.
Reality Check: Last we checked, drivers have headlights for a reason. Pedestrians don’t have to dress like Christmas lights to have the right to cross the street safely.
- "Your Shadow Confused the Driver"
Believe it or not, there have been cases where insurers claimed that a driver mistook a pedestrian’s shadow for an object or thought it was just a trick of the light—and, therefore, the accident wasn’t really their fault.
Reality Check: If a driver can’t tell the difference between a pedestrian and a shadow, they probably shouldn’t be driving at all.
- "The Accident Would Have Been Worse If the Driver Tried to Stop"
Some insurance companies argue that a driver actually "did the right thing" by hitting you because slamming on the brakes might have caused a worse crash—as if you should be grateful for only being “mildly” injured.
Reality Check: A driver’s first responsibility is to avoid hitting pedestrians in the first place. If they were going too fast to stop, that’s their fault, not yours.
- "Your Injuries Aren’t from the Accident"
Even with clear medical records, insurance adjusters will dig into your past, looking for anything to blame your injuries on—an old sports injury, a previous car accident, or even just the effects of aging.
Reality Check: If you were perfectly fine before the accident and injured afterward, the crash is the cause. End of discussion.
Why You Need a Pedestrian Accident Lawyer on Your Side
Insurance companies have teams of lawyers working to protect their bottom line—you deserve someone fighting just as hard for your rights. At Szantho Law Firm, we know insurance companies' tricks and are prepared to take them on.
When you work with us, we will:
- Investigate your accident and gather the evidence needed to prove fault.
- Work with medical experts to fully assess your injuries and future medical costs.
- Handle all negotiations to ensure you get the maximum compensation possible.
- Take your case to court if the insurance company refuses to make a fair offer.
Don’t let insurance companies take advantage of you. If you were injured in a pedestrian accident in Albuquerque, Santa Fe, or anywhere in New Mexico, contact Szantho Law Firm today for a free consultation.
We’re ready to fight for you.
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