Outsmarting The Insurance Adjuster: Strategies For A Fair Settlement

Dealing with insurance adjusters can be a tricky business. While some insurance adjusters work hard to review all relevant details and arrive at a fair conclusion, others may use unethical tactics. Here are some tips to help you beat an insurance adjuster at their own game:

- Understand their role and goals: Insurance adjusters are hired by insurance companies to look into claims and determine how much the company should pay out. Their primary goal is to minimise the amount of compensation delivered by the insurance company, and their secondary goal is to settle claims as quickly as possible.

- Know their tactics: Insurance adjusters may use a range of misleading tactics to irritate claimants and increase the likelihood they will accept a reduced settlement. These include avoiding phone calls, delaying action, requesting more details, issuing lowball offers, and threatening or intimidating claimants.

- Take your time: Don't be tempted to accept the first offer. Take your time to review the settlement offer and remember that you have the right to reject it and request a higher settlement.

- Reject lowball offers in writing: Sending a written rejection of a lowball offer sends a clear message to the insurance company that you intend to fight for a fair settlement.

- Finish your treatment before accepting a settlement: Insurance adjusters will often try to convince you that additional treatment is unnecessary. It's important to stand firm and state that you prefer to follow the medical advice of your doctor.

- Report unethical behaviour: If an insurance adjuster is acting unethically or unprofessionally, report them to their employer. This can include bullying claimants, using deception or coercion, tampering with evidence, or discarding photos or statements that could help increase a claimant's settlement.

- Never admit fault: Even if you think you might be at fault, do not discuss this over the phone or in writing. An official investigation will determine fault, and admitting fault could jeopardise your chances of securing compensation.

- Keep your cool: If you receive a low settlement offer, it's important to remain calm and not lose your temper. Communicate through a lawyer if necessary.

- Hire a lawyer: The best way to deal with insurance adjusters is to hire an experienced personal injury lawyer who can communicate and negotiate with the adjuster on your behalf.

Stay calm and polite when dealing with an insurance claim dispute

Staying calm and polite is the best way to approach an insurance claim dispute. Here are some tips to help you stay calm and polite when dealing with an insurance adjuster:

• Take a few minutes to yourself before interacting with the adjuster. Take some deep breaths and try to calm down if you feel angry or upset.
• Remember that the adjuster is not your friend. They work for the insurance company and their goal is to pay out as little as possible. They will often use misleading tactics to trick you into accepting a lower settlement.
• Be polite and professional when speaking to the adjuster. Avoid raising your voice or getting angry, as this will only make the situation worse.
• Listen attentively and focus your attention on the adjuster. Nod occasionally to show that you are following along.
• Ask questions if you don't understand something.
• Avoid crossing your arms, pursing your lips, looking at your watch, or looking away, as these are signs of impatience.
• Keep your speech calm and measured. Do not respond with equal anger or sarcasm, as this will only escalate the situation.
• Apologize for any inconvenience and assure the adjuster that you want to resolve the issue.
• Ask the adjuster when you should expect an offer from the insurance company.
• Get the adjuster's contact information and the best time to call.
• Be honest about your losses, but avoid suggesting that you are to blame or admitting any fault.
• Avoid giving a recorded statement or signing any documents without first reviewing them carefully and seeking legal advice if necessary.
• If you are having trouble reaching the adjuster or are unhappy with their estimate, contact the insurance company and ask to be assigned a different adjuster.
• Keep a log of your interactions with the adjuster, including dates, times, and a brief summary of what was discussed.
• Understand your policy's exclusions and limitations before speaking to the adjuster.
• Consult an attorney if you feel that the adjuster is acting in bad faith or treating you unfairly.

Avoid recorded statements, speaking to the adjuster, or signing documents

After a car accident, it is likely that an insurance adjuster will contact you to ask for a recorded statement. They will probably do this within days of the incident and may catch you at a time when you are in pain, on medication, or otherwise not in the right headspace to be making such a statement. They may also ask you to sign documents or provide sensitive personal information.

It is important to remember that you are under no obligation to give a recorded statement to an insurance company that is not your own. If you do decide to give a statement, it will become a part of your claim forever, and there is a risk that the insurance company will use it to deny or devalue your claim. Adjusters are trained to be friendly and casual, and they use this tactic to get claimants to say things that lessen the at-fault party's liability or reduce the amount that can be claimed in compensation. For example, if they ask how you are, and you respond with “I'm fine, thank you”, this could be used as an "admission against interest" to lower the value of your claim.

If you are contacted by an insurance adjuster, politely refuse to give permission for them to record the call and do not provide any information over the phone. You can say something like, "I do not give my permission for you to record this phone call" or "I decline to give any statement at this time". You can then end the call and consult a lawyer, who can advise you on your rights and guide you through the process.

If you do decide to give a statement, it is important to be well-prepared. Stick to the facts and avoid going off on a rant or discussing anything that could lessen the insured's liability. You are also within your rights to record the call yourself, so that you can refer back to your statement when preparing your claim and ensure that the adjuster does not twist your words.

Don't admit fault or apologise

Admitting fault after a car accident can have long-term consequences and disrupt your insurance in the future. Even if the accident seems like your fault, never admit fault or apologise, as this puts you at risk of not receiving any compensation that you may be entitled to. Insurance companies have legal responsibilities to cover damages, and your own insurance company will have to pay for the damages to your and the other party's property.

It is common to feel pressured to admit fault after a car accident, but it is important to avoid this. Here are some actionable steps to avoid admitting fault:

• Avoid polite apologies.
• Be truthful to the police by giving them only objective details of what happened. Do not lie, but also do not admit fault. Tell the story of the accident from your perspective using as few words as possible.
• Do not talk to insurance adjustors without a lawyer present.
• Hire an experienced car accident attorney right away.

Remember, insurance adjusters are paid to keep costs down and will use tricks to minimise payouts. They will try to use your statements against you and may ask tricky questions. It is always a good idea to have legal representation to ensure your answers do not compromise any potential compensation.

Contact a supervisor or request a different adjuster if issues persist

If you are experiencing issues with your insurance adjuster, there are a few steps you can take to try and resolve the problem. It is important to remember that adjusters handle a high volume of claims and are often under a lot of pressure, so taking the high road and treating them with kindness can go a long way. However, if issues persist, here are some options to consider:

• Contact the adjuster's supervisor: If you are having difficulty with your insurance adjuster, you can ask to speak to their supervisor or the claims manager. This step is recommended if the adjuster continues to act in a condescending or unprofessional manner, even after you have raised your concerns. While the supervisor may also be managing multiple adjusters and claims, they may be able to provide a fresh perspective and have more discretion to negotiate a settlement.
• Request a different adjuster: It is important to know that you have the option to request a change of adjuster if you are not satisfied with your current one. Insurance companies regularly reassign claims, and this request is typically not difficult to accommodate. However, keep in mind that this is usually a one-time request, and repeated changes are unlikely to be granted.
• Document and create a paper trail: It is crucial to document all communication with your insurance company. Keep a notebook or diary to track the status of your claim and create a paper trail by sending follow-up emails or letters to confirm representations and promises made by the adjuster. This will help you provide specific instances of improper conduct, which can be leverage during negotiations.
• Understand the insurance company's structure: Recognize that each person you interact with at the insurance company has different levels of authority to settle your claim. As you move up the chain of command, the settlement offer authority limit typically increases. Understanding this structure can help you navigate the claims process more effectively.

Remember, the goal is to resolve your issues and reach a fair settlement. While it is frustrating to deal with an unresponsive or unreasonable adjuster, maintaining a calm and professional demeanour can improve your chances of a positive outcome.

Seek legal advice if negotiations stall or the insurance company acts in bad faith

If negotiations stall or the insurance company is acting in bad faith, it is important to seek legal advice. Bad faith insurance practices are illegal, and there are consumer protection laws in place to prevent insurance companies from acting in illegal ways. Here are some steps you can take if you suspect your insurance company is acting in bad faith:

• Contact a supervisor or request a different adjuster: If you are having difficulty with your insurance adjuster, you can ask to speak to their supervisor or request that your claim be reassigned to a different adjuster. This may help resolve any issues or misunderstandings you are having with the original adjuster.
• Send a letter to the claims manager: You can try to resolve the issue by sending a carefully worded letter to the adjuster's supervisor or the claims manager. In your letter, stick to the facts and avoid making threats or complaints about the adjuster's friendliness. Instead, list the specific reasons why you believe the adjuster is acting in bad faith, such as refusing to negotiate or providing an unreasonably low settlement offer.
• File a complaint with your state insurance department: If the insurance company continues to act in bad faith, you can file a written complaint with your state insurance department. They will investigate your complaint, and if they find evidence of bad faith, they can levy fines and take other punitive actions against the insurance company.
• Consult an attorney: If the issue persists, consider consulting a personal injury attorney or an insurance law attorney who has experience dealing with insurance company adjusters. They can advise you on your legal options, including filing a bad faith insurance claim or a lawsuit against the insurance company.
• Keep detailed records: It is important to keep detailed records and documentation of all your communications with the insurance adjuster and the insurance company. This includes phone calls, emails, letters, and any other interactions. These records can be crucial if you need to prove that the insurance company or adjuster is acting in bad faith.
• Write a bad faith demand letter: If the insurance adjuster continues to ignore your requests or act in a manner you believe is in bad faith, you can send a bad faith demand letter to the insurance company. In your letter, provide detailed notes about your communications with the adjuster and explain why you believe they are acting in bad faith. This is a way to send a strong message to the insurance company that you are aware of your rights and will not tolerate potentially illegal behaviour.

Frequently asked questions