After a fall on someone else’s property, you may expect the owner’s insurance company to cover your medical bills and lost income. Instead, many injured people face delays, tough questions, and offers that barely cover a single doctor visit. Understanding common slip and fall insurance tactics can help you avoid costly mistakes and protect the value of your claim. This guide explains how insurers push back and what you can do about it.
Why Insurers Rely on Slip and Fall Insurance Tactics
Insurance companies earn money by collecting premiums and paying out as little as possible in claims. Slip and fall cases give them several angles to dispute, because the injured person must prove that a hazard existed, that the owner knew or should have known about it, and that the fall caused real harm.
In California, Civil Code section 1714 requires property owners to use ordinary care to keep visitors safe. Insurers often try to show that the owner met that duty, or that you did not. Knowing what to expect makes it easier to stay calm, keep good records, and avoid handing the insurer evidence it can use against you.
Tactic 1: The Quick, Friendly Phone Call
Shortly after a fall, an adjuster may call to check on you and “get your side of the story.” The adjuster may ask to record the conversation. Anything you say, including guesses about what happened or comments like “I’m fine,” can later appear in the insurer’s file.
You can politely decline a recorded statement until you speak with a lawyer.
Tactic 2: Blaming You for the Fall
One of the most common slip and fall insurance tactics involves shifting blame onto the injured person. Adjusters may argue that:
- The hazard was open and obvious.
- You were looking at your phone.
- Your shoes caused the fall.
- You ignored a warning sign.
California’s comparative fault rule means that sharing some responsibility does not end your claim. Instead, it reduces your recovery by your percentage of fault. Insurers know this, so they often try to inflate your share.
Tactic 3: Denying Notice of the Hazard
Notice often decides a slip and fall case. Insurers frequently claim that the owner had no idea about the spill, broken step, or uneven pavement, and that staff had no reasonable chance to fix it. Inspection logs, prior complaints, and surveillance video can counter this argument. Our page on notices in slip and fall cases explains this issue in more detail.
Tactic 4: Minimizing Your Injuries
Adjusters may question whether your injuries are as serious as you say. They may point to gaps in treatment, delayed medical care, or a lack of visible injuries. When you have prior back, knee, or hip problems, insurers may blame your symptoms on that history. Our article on pre-existing conditions and slip and fall claims explains how California law protects people whose conditions worsen after a fall.
Tactic 5: Digging Through Your Records and Social Media
Insurers may ask you to sign a broad medical authorization that gives them access to years of unrelated records. They may also review your social media for photos that seem to show you active or pain-free.
Before signing any authorization, have an attorney review it. In addition, consider pausing social media activity while your claim is open.
Tactic 6: Delay and Lowball Offers
Some insurers stall, hoping financial pressure will push you to accept less. Others make a quick, low offer before you know the full extent of your injuries. Accepting a settlement usually requires signing a release that ends your right to seek more later.
Our article on how insurance companies undervalue injury claims in California explores these strategies further.
What California Law Says About Slip and Fall Insurance Tactics
California does not allow insurers to handle claims however they wish. Insurance Code section 790.03 lists unfair claims practices, including failing to act reasonably promptly on claim communications and failing to attempt a good-faith settlement when liability is reasonably clear. The California Department of Insurance offers consumer help if you believe an insurer is acting unfairly.
How to Counter Slip and Fall Insurance Tactics
You can protect your claim with a few practical steps:
- Report the fall and request a copy of the incident report.
- Photograph the hazard before anyone cleans or repairs it.
- Collect witness information at the scene.
- Seek medical care promptly and follow your treatment plan.
- Keep a journal of pain, limitations, and missed activities.
- Decline recorded statements and broad authorizations until you get legal advice.
- Hold off on settling until your doctors understand your long-term outlook.
Falls can be especially serious for older adults. According to the CDC, falls were the leading cause of injury-related death among adults 65 and older in 2019.
Deadlines Still Matter
Insurance negotiations do not pause the legal deadlines. Most claims against private property owners must meet the two-year filing deadline in Code of Civil Procedure section 335.1. Falls on public property generally require a written claim within six months.
How Our Team Fights Back Against Slip and Fall Insurance Tactics
Our attorneys anticipate common slip and fall insurance tactics and build cases to withstand them. We send preservation letters to secure video, investigate prior complaints, work with your doctors, and handle all communication with adjusters. If an insurer still refuses to cooperate, our article on what steps to take if insurance doesn’t want to play fair explains your options. You can also read about why insurers deny many minor injury claims.
Talk With a Bakersfield Slip and Fall Lawyer
You should not have to battle an insurance company while you heal. At Colvin Accident Lawyers, we listen with compassion and fight for the full recovery you deserve. Learn more about our Bakersfield slip and fall lawyer services, or read what our clients say.
Call (661) 616-1177 or contact us online. We answer the phone 24/7.
