Mike Hancock is the founder of Hancock Injury Attorneys, a former insurance defense attorney, and an AV-Preeminent–rated lawyer by Martindale-Hubbell, with over 35 years of experience practicing personal injury law.
One of the most infuriating parts of dealing with a personal injury or car accident claim is trying to understand how the insurance company actually evaluates the facts of the case. While any good personal injury attorney regularly negotiates with insurance companies, fewer have actually represented those companies against plaintiffs. An attorney who previously defended insurance carriers has firsthand knowledge of how claims are evaluated, investigated and negotiated. They know the arguments insurance companies will make before they even happen.
Mike Hancock, founder and partner at Hancock Injury Attorneys, began his career as an insurance defense attorney. Gaining this experience and insider knowledge was strategic, as he knew it would help him be a successful plaintiff’s personal injury lawyer down the line. With thousands of cases won, hundreds of five-star reviews and over $70 million recovered for clients, this experience was well worth it and a unique benefit to our clients.
What Does an Insurance Defense Lawyer Actually Do?
Insurance defense lawyers represent insurance companies against victims who bring cases against them. A common misunderstanding is that this refers only to the person who caused the accident, but it often also includes their own insured. This is especially true in cases where the person who caused the accident withe doesn’t have insurance, or they are underinsured. In those cases, the victim’s insurance company is often brought into a UM/UIM claim. In an accident case, an insurance defense attorney on behalf of the insurance company (such as Allstate, State Farm, Progressive) will:
- Evaluate liability
- Review medical records
- Assign settlement value
- Identify weaknesses in the case
- Advises adjusters
- Prepares cases for trial
When evaluating injury claims, defense attorneys often begin by identifying the most likely arguments that could reduce liability or damages. Those may include questioning treatment gaps, arguing comparative negligence, or examining whether medical records support the claimed injuries.
The goal of an insurance defense lawyer is to do whatever they can to pay out the least amount of money possible, so having a car accident attorney who knows their tricks and insider knowledge can be the difference between a successful outcome or a disappointing one.
How Insurance Companies Evaluate Injury Claims
One of the biggest misconceptions is that insurance companies simply add up medical bills and issue a check.
In reality, insurers often evaluate many factors, including:
- Whether the other driver was clearly at fault
- Whether comparative negligence may apply
- The severity of the injuries
- Gaps in medical treatment
- Preexisting medical conditions
- Consistency of medical records
- Future treatment needs
- Lost wages and earning capacity
- Credibility of witnesses
- The likelihood of a jury verdict
- The county where the case would be tried
Understanding these factors is often critical when negotiating a Florida car accident settlement.
How Former Insurance Defense Experience Can Benefit Injured Clients
All personal injury lawyers who actually do the casework will negotiate with insurance companies. But only a small percentage have actually worked on the other side, defending insurers and evaluating claims from the inside. A former insurance defense lawyer like Mike Hancock has firsthand experience seeing how claims are investigated, valued and contested before settlement offers are made.
That experience doesn't guarantee a specific outcome, but oftentimes it helps an attorney anticipate the strategies insurers commonly use in Florida car accident cases.
Understanding Adjuster Strategies
Insurance adjusters are trained to evaluate risk and control how much they pay out on a claim. A lawyer who has worked with adjusters and defense teams better understands:
- How settlement authority is determined at insurance companies
- What documentation insurers find persuasive
- When an adjuster may be testing a claimant's position
- Which issues are likely to become negotiation points
Anticipating Defense Arguments
In many car accident cases, insurers look for arguments that could reduce damages.
Common examples include:
- "The injuries were preexisting."
- "Treatment was delayed."
- "The accident was minor."
- "The claimant was partially at fault."
- "The medical treatment was excessive."
- "The symptoms are not supported by objective findings."
A car accident lawyer familiar with defense tactics may be able to address these issues early rather than waiting for them to become obstacles later.
Building a Stronger Case Before Negotiations Begin
There are many important steps to building a strong case. Most successful settlements are influenced by work done by your lawyer and case manager long before negotiations with the insurance company ever start.
That may include:
- Gathering complete medical records
- Documenting lost income
- Preserving evidence
- Obtaining witness statements
- Consulting medical experts when appropriate
- Presenting a clear timeline of treatment and recovery
Knowing what insurance defense lawyers typically look for can help shape a more organized and well-supported claim.
Recognizing When an Offer Is Too Low
Insurance companies often evaluate cases based on projected litigation risk, potential jury exposure and available insurance coverage.
An attorney with prior defense experience may have insight into how insurers internally assess settlement value and when an offer may not reflect the full value of a claim.
Does Former Insurance Defense Experience Guarantee Better Results?
No. No personal injury lawyer can guarantee a particular settlement or verdict.
The outcome of a car accident case depends on several different factors, including:
- The facts of the crash
- The severity of injuries
- Available insurance coverage
- Whether liability is disputed
- The quality of the evidence
- The willingness of the insurer to negotiate
However, experience like Mike Hancock has evaluating claims from the insurance side can provide a perspective that many attorneys have never had. It is a different way of analyzing a case that can potentially benefit clients greatly.
Questions to Ask Before Hiring a Car Accident Lawyer
When choosing an attorney after a Florida car accident, consider asking:
- Do you have experience handling insurance defense cases?
- How many car accident cases have you handled?
- Have you taken cases to trial?
- Who will personally manage my case?
- How do you prepare a case for settlement negotiations?
- What challenges do you see in my case?
After a serious Florida car accident, the question is not simply "How much are my medical bills?" It is also "How will the insurance company evaluate my claim?"
A plaintiff lawyer who previously represented insurance companies may bring a different perspective to that question—one shaped by firsthand experience with claim evaluation, negotiation and litigation, and Mike Hancock has that edge. Additionally, he has trained his whole team with this insider knowledge, so his case managers and associate attorneys know what to look for as well.
For accident victims in Tampa and Wesley Chapel, having a lawyer who understands how insurance companies think can be an important part of building a strong personal injury case, and may mean the difference in the settlement amount.
Frequently Asked Questions
Is a former insurance defense lawyer better for a car accident case?
It’s not a golden ticket or a guarantee of a large settlement, but former insurance defense experience from your Tampa car accident lawyer can provide insight into how insurance companies investigate and value claims.
How do insurance companies decide what a car accident case is worth?
Insurers typically consider liability, medical treatment, lost wages, future damages, available insurance coverage and the likelihood of a jury verdict.
Can insurance companies use my medical history against me?
Insurance companies may review prior medical records and argue that some injuries existed before the accident. Proper documentation is often important in addressing these issues.
Should I give a recorded statement to the insurance company?
It is important to understand your rights before providing a recorded statement, especially if fault or injuries are disputed.
What mistakes can reduce the value of a Florida car accident claim?
Common issues include delaying medical treatment, failing to follow treatment recommendations, posting about the accident on social media and giving inconsistent statements.