Mastering the art of dealing with auto accident insurance adjusters is crucial for obtaining fair compensation after experiencing an unfortunate event like a car crash. Understanding their roles, recognizing common tactics employed by adjusters, and strategizing accordingly are key steps towards achieving successful negotiations.
Here is what you should know about insurance adjusters and the things that car accident lawyers would want you to know.
Role of insurance adjusters
An insurance adjuster is an individual employed by an insurance company who investigates and evaluates claims made by policyholders for compensation following a car accident. They act as intermediaries between policyholders and their respective insurers to ensure fair settlements.
1. Initial Evaluations and Investigations
Once a claim is filed, an insurance adjuster’s first responsibility is to assess the extent of damages caused by the accident. This includes inspecting vehicles involved, gathering evidence such as photographs or police reports, talking to witnesses if available, and determining liability based on state-specific laws.
2. Verifying Coverage
Before initiating claim processing procedures, insurance adjusters verify the coverage limits and terms mentioned within policy contracts relevant to the accident. It involves checking whether both parties have active policies at the time of the incident.
3. Evaluating Damages:
Insurance adjusters meticulously evaluate all aspects associated with your car accident damages. This includes property damage (vehicle repair costs), personal injury (medical expenses), lost wages (due to inability to work), pain and suffering compensation (physical/emotional distress), and other potential miscellaneous costs related to the accident.
4. Negotiating Settlements:
After assessing all relevant information regarding your car accident claim, an insurance adjuster will negotiate with various parties involved in order to reach a settlement agreement satisfactory for both sides. They ensure that you receive proper compensation within policy limits while considering factors such as liability percentage and comparative negligence rules.
5. Communicating & Documenting:
Insurance adjusters act as key points of contact between policyholders/fault parties involved in an accident claim process. Throughout the entire procedure, they maintain open communication channels by answering queries promptly and providing regular updates on case progressions. Additionally, adjusters document conversations, evaluations, and negotiations to ensure accountability and proper record-keeping.
6. Adhering to Legal Requirements:
Insurance adjusters are also responsible for ensuring compliance with all legal protocols that pertain to car accident claims. They understand the complex web of state laws and regulations related to traffic accidents and insurance policies, adhering strictly to these guidelines when evaluating claims.
7. Resolving Disputes:
In cases where there are disputes or disagreements between the parties involved in a car accident claim (such as liability percentages), an insurance adjuster acts as a mediator. Through their experience and expertise, they work towards resolving conflicts amicably, avoiding costly courtroom battles whenever possible.
Insurance Adjuster Tactics A Car Injury Attorney Would Want You To Be Aware Of
Getting involved in an auto accident is undeniably a stressful and overwhelming experience. As if the physical and emotional toll were not enough, dealing with insurance companies can often be full of unexpected challenges. The following are the different ways an insurance adjuster can make things more challenging than they need to be.
1. The Initial Lowball Offer:
After filing a claim, one of the first tactics used by insurance adjusters is offering a settlement that falls significantly below what may be considered fair compensation for your damages. This lowball offer aims to save the company money and potentially dissuade you from demanding more.
How to respond: Don’t immediately accept their initial offer without thoroughly assessing the value of your case. Consult with legal professionals who specialize in personal injury law or research similar cases online to determine whether the proposed amount is reasonable.
2. Delaying Tactics:
Insurance adjusters may intentionally delay processing your claim as a means of pressuring you into accepting an unfavorable settlement quickly or even abandoning your claim altogether.
How to respond: Keep diligent records of any interactions with insurance representatives, request a written confirmation of any agreed-upon deadlines or next steps, and follow up consistently if they fail to adhere to their own timelines. If unreasonable delays persist, consult with legal counsel for guidance on how to proceed.
3. Utilizing Comparative Negligence:
In accidents involving shared fault, some states apply comparative negligence rules where each party’s degree of fault affects their potential compensation. Insurance adjusters sometimes attempt to assign a greater portion of responsibility onto victims than they deserve in order to reduce payment amounts.
How to respond: Be vigilant in gathering evidence such as witness statements, police reports, photographs, and any other relevant documentation that supports your version of events. Seek legal advice from a car injury attorney to ensure your rights are protected and you are not held unfairly responsible for the accident.
4. Disputing Medical Treatments:
Insurance adjusters may challenge or dispute the necessity and cost of certain medical treatments, especially if they deem them excessive or unrelated to the accident. They might insist on seeking alternative opinions or denying coverage for specific procedures.
How to respond: Keep detailed records of all medical treatments received, including documentation from physicians justifying their necessity. Provide all requested information promptly but consult with a personal injury attorney before agreeing to any evaluations ordered by the insurance company.
5. Pre-existing Condition Denial:
Some adjusters may try to claim that injuries sustained in an accident were pre-existing conditions, therefore limiting their liability for compensation. They aim to shift blame away from the auto accident and onto existing health issues.
How to respond: Disclose any pre-existing conditions immediately after the accident but emphasize how they were exacerbated by the incident. Obtain expert opinions linking your injuries directly to the collision and gather supporting documents proving that your pre-existing condition wasn’t severe enough to cause significant impairment prior to the accident.
6. Downplaying Injuries:
To reduce settlement amounts, insurance adjusters often downplay victims’ injuries as minor or insignificant, undermining their impact on daily life and long-term consequences. This tactic is aimed at undervaluing claims and minimizing payouts.
How to respond: Maintain consistent communication with your healthcare providers who can document your symptoms, treatment plans, ongoing therapy requirements, limitations, pain levels, and overall impact on your well-being. Retain copies of all medical records related to the auto accident as crucial evidence supporting your case’s worth.
The Role a Car Injury Attorney Plays In Dealing With Insurance Companies
The best way to deal with insurers and car accident insurance adjusters is to let a lawyer deal with them. Great car crash attorneys can guarantee a better outcome in your claim by performing the following roles.
1. Understanding the Role of Insurance Adjusters:
Insurance adjusters are professionals employed by insurance companies who assess accident claims and decide on the appropriate settlement amount. While they may initially appear helpful, it’s essential to remember that their ultimate objective is to minimize the insurer’s payout.
Understanding that an insurance adjuster is not your friend is a big step. It shapes the approach that you take when dealing with adjusters and reduces the odds of falling for their tricks and tactics. As a result, it can diminish an adjuster’s chances of taking advantage of you. Essentially, it reduces their effectiveness in minimizing payouts and hence increases the odds of you getting a fair settlement from your insurer.
2. Evaluating Your Claim:
A car injury attorney will thoroughly evaluate your case and determine its worth based on several factors such as medical expenses, property damage costs, lost wages, pain and suffering, and potential future complications arising from the accident. Their expertise ensures that no aspect of your claim goes unnoticed or undervalued.
3. Negotiating with Insurance Adjusters:
Perhaps one of the most critical roles they play is negotiating with insurance adjusters on behalf of their clients.
Unlike when you settle a car accident damage privately, you may be out of your depth when dealing with insurance adjusters. This is because they are experts who have dedicated their lives to dealing with insurance matters. To make things fairer, you need a lawyer on your side.
Lawyers have extensive experience dealing with adjuster tactics aimed at reducing settlements or denying claims altogether. They use their knowledge to level the playing field and ensure you are not taken advantage of during negotiations.
4. Building a Strong Case:
To successfully negotiate against an insurance adjuster, presenting strong evidence becomes paramount. Lawyers possess vast experience in compiling all necessary documentation required for building a solid case against an insurance company – including police reports, medical records, witness statements, expert testimonies, photographs/videos of damaged vehicles/scenes.
5. Expertise in Applicable Laws & Regulations:
Attorneys specialize in personal injury laws specific to their respective jurisdictions. They continually stay updated with changes in such laws and apply them to their clients’ cases accordingly. Their legal expertise ensures you’re aware of your rights and the available legal remedies specific to your situation.
6. Mitigating Intimidation Tactics:
Insurance adjusters may employ intimidating tactics to discourage claimants from pursuing full compensation or accepting a lower settlement. By hiring a car injury attorney, you have someone in your corner who understands these tactics and works diligently to protect your rights, ensuring you receive the compensation you deserve.
Final Thoughts
Navigating the complex world of insurance claims can be overwhelming, especially when dealing with insurance adjusters who prioritize their employer’s interests over yours. Hiring an attorney can significantly lessen this burden by leveraging their knowledge and experience. From evaluating your claim accurately to building a strong case and negotiating on your behalf, these professionals ensure that justice is served and that you are rightfully compensated for your losses after a car accident.
