Battling The Insurance Adjuster: When To Stand Your Ground

Dealing with an insurance company after a car accident can be stressful. While you would like to rely on insurance adjusters to do the right thing, you may have concerns that your best interests are not their top priority. If you disagree with your insurance adjuster's estimate, you can dispute their determination of liability. You can either negotiate with the insurance company or hire a lawyer to communicate with your insurance adjuster directly and work to reverse or modify their determination. It is important to study all the details of your policy before starting negotiations and to understand what your policy does and does not cover.

Seek legal advice

Dealing with an insurance company after a car accident can be a stressful experience. If you find yourself in a situation where you disagree with a car insurance adjuster, it is advisable to seek legal advice from an attorney or a car accident lawyer. Here are some reasons why you should consider seeking legal advice:

Expert Guidance and Support

Engaging a lawyer will provide you with expert guidance and support throughout the claims process. A lawyer can help you understand your rights, review your insurance policy, and assess whether you are entitled to additional compensation. They will work tirelessly to pursue the maximum compensation you deserve and protect your interests.

Negotiation and Communication

Lawyers are skilled negotiators and communicators. They can effectively communicate with the insurance adjuster on your behalf, challenging their assessment and negotiating for a fairer settlement. They know the tactics used by insurance companies to devalue and deny claims and can counter them.

Evidence and Documentation

To build a strong case, gathering evidence and documentation is crucial. A lawyer can help you gather and review all the necessary records, including medical records, repair estimates, police reports, and other relevant documents. They will ensure that you have provided all the required information to support your claim.

Legal Action and Dispute Resolution

If negotiations with the insurance company fail, a lawyer can provide you with advice on potential legal action. They can guide you through the complexities of the legal process, including alternative dispute resolution methods such as mediation or arbitration. If necessary, they can represent you in court and file a lawsuit against the insurance company.

Appraisal and Independent Assessment

In some cases, your policy may include an appraisal process to resolve complaints. A lawyer can help you navigate this process, including hiring an independent appraiser to provide a second opinion on the value of your claim. They can also assist in finding qualified appraisers and ensuring compliance with any deadlines or requirements specified in your policy.

Peace of Mind

Seeking legal advice can provide you with peace of mind during a challenging time. Knowing that you have an experienced professional on your side can reduce stress and give you confidence in navigating the insurance claims process.

Remember, it is important to act promptly when dealing with insurance claims. Contact a lawyer as soon as possible to discuss your specific situation and understand your options for seeking the compensation you deserve.

Review your auto insurance policy

Reviewing your auto insurance policy is a crucial step in ensuring you have adequate coverage and understanding your rights in the event of a dispute. Here are some detailed instructions on how to review your auto insurance policy:

Understand the Components of Your Policy

The first step in reviewing your auto insurance policy is to familiarize yourself with its components. Obtain a copy of your policy document and carefully review the following key elements:

• Insurance Company Information: Note the name and contact details of your insurance company.
• Personal Information: Check that your name, address, and other personal details are accurate and up to date.
• Coverage Effective and Renewal Dates: Know the period during which your coverage is active, including the start and end dates.
• Vehicle Information: Ensure the details of your vehicle, such as its make, model, and vehicle identification number (VIN), are correct.
• Types of Coverage and Their Limits: Understand the different types of coverage included in your policy, such as bodily injury liability, property damage liability, collision, and comprehensive coverage. Pay close attention to the limits and deductibles associated with each type of coverage.
• Premiums: Review the premiums, or costs, associated with each coverage type.
• Endorsements or Riders: Note any optional add-ons or amendments to the standard coverage, such as full glass replacement, rental car reimbursement, or roadside assistance.

Identify Insurance-Qualifying Events

Life changes can significantly impact your insurance needs. Review your policy in light of any recent insurance-qualifying events, such as:

• Changes in Family Status: Events like getting married, having a baby, adopting a child, getting divorced, or experiencing the loss of a family member may require adjustments to your coverage.
• Childhood Milestones: When your child turns 16 and becomes eligible to drive, goes off to college, or graduates from school, review your policy to ensure they are adequately covered.
• Retirement and Aging Milestones: If you retire and no longer commute to work, or if you downsize from owning a home to renting, an insurance review can help identify necessary changes to your coverage.
• Professional Changes: Changes to your business, such as selling it, going public, or relocating, may also warrant an insurance review.
• Changes in Living Situation: If you move, sell a property, remodel your home, or rent it out, it's essential to review your coverage to ensure it aligns with your new circumstances.

Evaluate Your Coverage Limits and Deductibles

Review the limits and deductibles for each type of coverage in your policy. Limits refer to the maximum amount your insurance company will pay for a covered loss, while deductibles are the amounts you must pay out of pocket before your insurance coverage kicks in. Consider the following:

• Liability Coverage Limits: Review the minimum liability coverage limits required by your state and compare them to your policy. If the limits are too low, consider increasing your coverage to ensure adequate protection in the event of a serious accident.
• Collision and Comprehensive Coverage: Evaluate whether you have sufficient coverage to repair or replace your vehicle in the event of an accident or damage. Consider the market value of your vehicle and whether you could afford to replace it if it were totaled.
• Medical Payments Coverage: Understand the limits and deductibles associated with medical payments coverage (medpay) or personal injury protection (PIP) coverage, which can help pay for medical expenses after an accident.
• Adjusting Deductibles: Increasing your deductible can lower your policy premium, but be sure to set a deductible that you can afford to pay out of pocket if needed.

Explore Available Discounts

Insurers often offer a range of discounts that can help reduce your overall insurance costs. Look into the following common discounts and inquire with your insurance agent about any others you may qualify for:

• Multi-Policy or Bundling Discounts: You may be eligible for a discount if you have multiple policies with the same insurer, such as combining your auto insurance with homeowners or renters insurance.
• Safe Driver/Claim-Free Discounts: If you have a clean driving record and have not made any recent claims, you may qualify for lower rates.
• Defensive Driver Training Discounts: Taking a defensive driving course can demonstrate your commitment to safe driving and may result in a discount.
• Driver Training Course Discounts: Enrolling in certain driver training programs or courses may make you eligible for lower rates.

Ensure All Drivers and Vehicles Are Listed

It's important to list all regular drivers on your insurance policy. Confirm with your insurance agent whether your policy will cover your vehicle if someone else is driving it with your permission. Additionally, ensure that you have a separate auto policy for each car you own and consider purchasing them from the same insurer to take advantage of multi-vehicle discounts.

Gather all records pertaining to your claim

Gathering all the records pertaining to your claim is an important step in disputing an insurance adjuster's determination. Here are some detailed steps to guide you through the process:

• Understand the importance of record-keeping: Recognise that keeping detailed records is crucial when dealing with insurance claims. This includes maintaining proper documentation of all communications, reports, and evidence related to your claim.
• Collect all relevant documents: Spend time gathering all the necessary records, including letters, emails, direct messages, and other relevant communications. Ensure you have a comprehensive collection of all the documents related to your claim.
• Review and organise your records: Go through the gathered records thoroughly. Create a system to organise and categorise your documents, such as by date or type of communication. This will make it easier to reference specific items when needed.
• Identify any missing information: As you review your records, pay attention to any gaps or missing information. Identify if there are any additional documents or details that you need to obtain or follow up on.
• Safe storage and backup: Ensure you have a secure location to store all your physical records. Consider scanning or making digital copies of your documents as a backup. Keep them in a safe place where you can easily access them when needed.
• Regularly update your records: Continue to update your records as your claim progresses. If there are any new communications, reports, or developments related to your claim, add them to your collection. Staying organised and up-to-date will help you effectively manage your claim.

Remember, gathering comprehensive records is a crucial step in disputing an insurance adjuster's determination. It provides you with the necessary evidence and information to support your case and ensures you have a complete understanding of the claim's history.

Provide all necessary information

If you disagree with a car insurance adjuster's assessment, it is crucial to ensure you have provided all the necessary information for your claim. Here are some steps to follow to ensure you have provided all the required details:

Gather and Review All Records:

Collect all records pertaining to your insurance claim, including letters, emails, direct messages, and other relevant communications. Go through these documents thoroughly to ensure you have provided the adjuster with all the information they need to assess your claim accurately. This is an important step as missing information could impact the adjuster's determination.

Medical Records:

In addition to insurance claim records, gather your medical records as well. These records are crucial for determining the extent of your injuries and the compensation you may be entitled to. Make sure to include all relevant medical bills, treatment records, and any documentation of future medical needs or ongoing care.

Vehicle Repair Estimates:

If your vehicle has been damaged in the accident, obtain repair estimates from reputable auto body shops or mechanics. Provide these estimates to the adjuster to support your claim for vehicle repairs or replacement. It is essential to demonstrate the actual cost of repairs, especially if you believe the adjuster's estimate is too low.

Evidence of Lost Income:

If the accident has resulted in you being unable to work, gather evidence of your lost income. This can include pay stubs or income statements from before and after the accident, as well as documentation from your employer confirming your inability to work. This information is crucial for claiming compensation for lost wages.

Police Reports and Witness Statements:

Obtain a copy of the police report filed after the accident, as it will contain important details about the incident. If there were any witnesses to the accident, gather their statements as well. This information can help establish fault and strengthen your claim.

Photographs and Videos:

Provide clear photographs or videos of the accident scene, vehicle damage, and any visible injuries you may have sustained. Visual evidence can be powerful support for your claim and can help adjusters better understand the extent of the damage and your losses.

Remember, providing all necessary information is crucial when dealing with insurance adjusters. It can help strengthen your claim and ensure a more accurate assessment of the compensation you are entitled to. If you believe you have provided all the necessary information and still disagree with the adjuster's determination, consider seeking legal assistance or a second opinion from an independent appraiser.

Collect your medical records

Collecting your medical records is crucial if you want to dispute an auto insurance adjuster's decision. Here are some steps you can take to ensure you have the necessary medical records:

• Understand your rights: Familiarize yourself with your medical privacy rights under the Health Insurance Portability and Accountability Act (HIPAA). This federal law protects your personal health information and limits who can access your medical records. It also gives you the right to obtain copies of your medical records.
• Request your own medical records: Rather than authorizing the insurance company or your lawyer to collect your records, you can request them yourself. Most medical providers have HIPAA-compliant forms that you need to fill out to obtain your records. You can also use a Medical Records Request Letter. Remember that you or your authorized representative must make the request in writing.
• Gather all relevant records: Collect all medical records directly related to the injuries from the accident, including documents such as X-rays, treatment recommendations, and prescriptions. These records will be crucial in determining the compensation you can receive.
• Protect your medical history: Be cautious about signing any authorization forms from the insurance company. Never give them unlimited access to your medical history. Their goal is often to find information that can reduce their liability or deny your claim. Only provide records related to the specific injuries from the accident.
• Consult with an attorney: If you are unsure about what records to provide or how to protect your rights, consider consulting a personal injury attorney. They can guide you through the process, negotiate on your behalf, and ensure you don't sign away your rights.

Frequently asked questions