Assault and battery claims are deeply personal and often traumatic. Whether the incident occurred in a public space, at work, or even in a private setting, victims not only face physical injuries but also emotional and psychological scars. These types of claims differ from typical personal injury cases because they involve intentional harm, rather than accidents.
While victims may rightfully expect compensation through insurance policies—such as premises liability or business liability insurance—insurers are often reluctant to pay out. This is where working with an attorney specializing in assault cases becomes critical. Insurers have teams of professionals trained to minimize payouts, and knowing their tactics can help you stay ahead.
Let’s look at the most common strategies insurers use to dispute or deny assault and battery claims.
- Claiming the Act Was Intentional and Therefore Not Covered
One of the most common defenses used by insurance companies is arguing that intentional acts like assault or battery are excluded from coverage. Most liability policies include language stating they won’t cover “intentional or criminal acts.” This creates a gray area, especially when the person responsible is different from the policyholder, like an employee of a business or a bar patron.
An experienced attorney can push back by showing that negligence on the part of a third party (such as poor security or lack of employee screening) contributed to the incident, making the case eligible for compensation under liability coverage.
- Minimizing the Victim’s Injuries
Another strategy is to downplay the physical and emotional harm suffered by the victim. Insurance adjusters may argue:
- Your injuries aren’t as severe as claimed
- You didn’t seek medical attention quickly enough
- You had pre-existing conditions
This tactic is designed to reduce the amount the insurer has to pay. A good attorney will counter with solid medical documentation, expert opinions, and detailed testimony about how the assault affected your quality of life.
- Blaming the Victim
Insurers may try to shift blame by suggesting that the victim provoked or escalated the incident. In some states, this could impact how much compensation you can receive under comparative fault laws.
For example, if they claim you started a physical confrontation, they might argue you’re partially or fully responsible for the resulting injuries. An attorney can gather evidence such as witness statements or video footage to protect your side of the story.
- Delaying the Process
Delays are a classic tactic used to wear down claimants. Insurers might “lose” paperwork, take excessive time to respond to inquiries, or request unnecessary documentation to drag out the process. Their hope is that you’ll give up or accept a low settlement out of frustration.
Having a dedicated legal advocate ensures your claim stays on track. Your attorney can push back on stalling tactics and escalate matters if necessary, including taking the case to court.
- Offering a Quick, Lowball Settlement
Often, insurers will come in early with a settlement offer that sounds tempting, especially if you’re under financial stress. But this offer is usually much lower than the actual value of your claim.
Before accepting anything, it’s essential to consult with a professional. An attorney will evaluate the offer in context and fight for full compensation that includes medical costs, lost wages, pain and suffering, and emotional trauma.
Key Takeaways
- Assault and battery claims are complex and often met with resistance from insurance companies.
- Insurers commonly argue that intentional acts aren’t covered, or they try to minimize the victim’s injuries.
- Victim-blaming, delays, and lowball settlements are all tactics designed to reduce payout or avoid it altogether.
- A qualified attorney can challenge these tactics, protect your rights, and pursue the compensation you deserve.
- Never accept an insurance offer without legal advice—once you settle, you may waive your right to further compensation.
