After an accident, the last thing you want is to deal with insurance adjusters. But it's important to know what to say and what not to say to these professionals who work for insurance companies, not you. Here's an introduction to the art of dealing with insurance adjusters and coming out on top.
First, let's be clear: insurance adjusters are not your friends. Their job is to review claims and determine how much money their company should pay out, which usually means paying out as little as possible. They will use a range of tactics to get you to say something that undermines your claim or they will spin your words against you. They will try to get you to accept a quick, low settlement before you understand the extent of your injuries or claim. They will pressure you to give a recorded statement, which they will use to cast doubt on your claim.
So, what should you do when an insurance adjuster comes calling? Well, the best defence is a good offence. Hire a lawyer, preferably an experienced personal injury attorney who knows all the tricks of the trade and can help you get the compensation you deserve. If you can't afford a lawyer, at least be aware of your rights and what information you are obliged to provide. Be polite, but firm. Don't give long answers or too many details. Don't admit fault or apologise, even if you feel it's your fault. Don't discuss your injuries or give a prognosis—only a medical professional can do that accurately. Don't sign any medical authorization forms. And never accept a settlement offer without consulting a lawyer first.
In conclusion, insurance adjusters are a necessary evil in the world of accident claims. But with the right knowledge and representation, you can make sure they don't take advantage of you.
Characteristics | Values |
---|---|
Definition | A person who investigates insurance claims on behalf of an insurer to determine the extent of the insurer's liability |
Other Names | Claims adjuster, claims specialist, claims representative, independent claims analyst |
Types | Insurer adjusters, public adjusters, independent adjusters |
Qualifications | High school diploma, associate's or bachelor's degree |
Salary | $61,465 per year (Indeed.com); $75,050 per year (U.S. Bureau of Labor Statistics) |
Work Schedule | Full-time, irregular schedules to accommodate clients |
Work Location | Offices, outdoors |
Job Outlook | Expected to decline by 3% from 2022 to 2032 |
What You'll Learn
Be polite, but don't apologise or admit fault
Being polite is a great way to build and maintain relationships. However, it is important to note that apologising or admitting fault is not always necessary or advisable. Here are some reasons why you may choose to refrain from apologising and strategies to navigate these situations:
Choosing Relationship Over Being Right
When difficulties arise in a relationship, it is natural to want to assign blame. However, prioritising the health of the relationship over the need to be right can be more beneficial in the long run. Apologising for the pain and difficulty of the situation, even if you are not at fault, demonstrates that you value the other person more than being right. This approach requires emotional maturity and can help maintain peace and harmony.
Losing the Battle to Win the War
In relationships, there will inevitably be differences of opinion and conflicts. Apologising even when you believe you are right can be a strategic decision to maintain peace and complete projects or tasks. While it may be challenging to swallow your pride, taking one for the team can help preserve the relationship and achieve larger goals.
Taking One for the Team
As a leader, there may be times when you need to take responsibility for the mistakes of your team. Weak leaders tend to shift blame onto their team members when issues arise. In contrast, effective leaders apologise for their team's mistakes and accept blame, demonstrating their commitment to the organisation and their willingness to take accountability.
Recognise the Impact of Your Actions
When you have made a mistake or hurt someone, apologising is crucial. By apologising, you can acknowledge your wrongdoing, express regret and remorse, and learn from your mistakes. A sincere apology communicates empathy, remorse, and a commitment to change. It is essential to recognise the impact of your actions on others and take responsibility for your behaviour.
Express Sincere Regret
Simply saying "I'm sorry" may not be enough. It is important to express sincere regret and let the other person know that you feel bad about how your actions affected them. Statements like "I wish I'd considered how this would make you feel before I acted" or "I wish I could take back what I did" demonstrate genuine remorse and add sincerity to your apology.
Provide Context Without Making Excuses
When offering an explanation for your actions, aim to provide context without making excuses. Share the factors that contributed to your behaviour without using them as a way to avoid responsibility. Acknowledge your mistake directly and take ownership of your actions. This demonstrates honesty and integrity, which are crucial for rebuilding trust.
Remember, apologising is not an admission of guilt but an acknowledgment of responsibility. It shows your willingness to improve the situation and strengthen your relationships. However, it is also important to set boundaries and maintain your integrity. Choose your words carefully, and focus on repairing the relationship rather than assigning blame.
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Refuse to give a recorded statement
If you've been in a car accident, it's likely that you'll be dealing with an insurance company regarding compensation for damages. As part of the claims process, an insurance adjuster may ask you to give a recorded statement about what happened. However, it's important to know that you are not legally obligated to provide a recorded statement, and there are several reasons why it may not be in your best interest to do so.
Firstly, insurance companies are not on your side. Their goal is to minimise payouts and protect their bottom line. Adjusters are trained to ask specific questions in specific ways to elicit responses that can be used to deny or reduce your claim. They may ask vague or tricky questions, or try to get you to reveal information that can be used to justify limiting your compensation. For example, if you say you're "fine" when asked how you're feeling, they may take that as evidence that you aren't injured, even if your injuries are delayed or worsen over time.
Secondly, recorded statements can be used against you in court or during litigation. If there are any inconsistencies between your recorded statement and other statements, witness accounts, or evidence, it can be used to cast doubt on your claim or portray you as a liar. Even if you develop injuries after initially stating you were uninjured, this can cause doubt for anyone determining your settlement amount.
Thirdly, you have the right to seek legal advice first. If the claim is against another person's insurance company, you are not required to submit a recorded statement. If it's with your own insurance company, you may be required to cooperate to some extent, but you still have the right to have an attorney present during any recorded statement. An attorney can help you prepare your statement, stick to relevant facts, and ensure your rights are protected.
In summary, while providing a recorded statement may seem harmless, it's generally not advisable. It's important to be cautious, as it could potentially harm your claim and affect your ability to receive fair compensation. Consult with an experienced personal injury attorney who can guide you through the process and protect your interests.
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Don't discuss injuries or prognosis
An insurance adjuster is pronounced /ədʒʌstər/.
Now, here is the content on "Don't discuss injuries or prognosis":
After an accident, it is important to be cautious when speaking with an insurance adjuster. They may seem friendly and understanding, but it is crucial to remember that their primary goal is to protect the interests of the insurance company, not yours. Here are some reasons why you should avoid discussing your injuries or prognosis with an insurance adjuster:
- Protecting Your Legal Rights: Discussing your injuries or prognosis with an insurance adjuster can jeopardize your legal rights and ability to receive fair compensation. By providing details about your injuries, you may unintentionally give the adjuster information that could be used against you to reduce their liability. It is best to seek legal advice and have an attorney represent you during these conversations.
- Incomplete Information: Immediately after an accident, you may not have a full understanding of the extent of your injuries. Some injuries may have delayed symptoms, and your condition could change over time. By discussing your injuries or prognosis prematurely, you might omit important details or provide inaccurate information, which could be detrimental to your claim.
- Potential for Misinterpretation: Insurance adjusters are skilled at using your own words against you. They may twist or misinterpret what you say to undermine your claim. Even innocent comments or opinions about your injuries or prognosis can be used out of context to reduce their liability. It is best to stick to the facts and avoid speculating about your condition.
- Pressure to Accept a Quick Settlement: Insurance adjusters often try to pressure accident victims into accepting a quick and low settlement before they fully understand the extent of their injuries and the value of their claim. By discussing your injuries or prognosis, you might inadvertently give them ammunition to offer a lower settlement that may not adequately cover your medical expenses and other losses.
- Medical Professional's Diagnosis: Only a medical professional can provide an accurate assessment of your injuries and prognosis. They have the knowledge and expertise to evaluate your condition and determine the appropriate treatment plan. Rely on their diagnosis and prognosis when communicating with insurance adjusters, as it carries more weight than your own speculation.
Remember, when dealing with insurance adjusters, it is crucial to seek legal advice and have an attorney represent you. They can guide you through the process, protect your rights, and help you navigate these complex conversations to ensure you receive fair compensation.
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Only share basic information about the accident
An insurance adjuster is pronounced /ədʒʌstər/.
- It is important to remain calm and polite when speaking to an insurance adjuster. Although they do not represent you, reaching a settlement is easier if the adjuster likes you. If you need time to calm down, inform the adjuster that now is not a good time and that you would be happy to schedule another time to talk.
- You are not legally required to agree to a recorded statement, and it is recommended that you refuse. Insurance companies will try to find inconsistencies in your statement and use them against you.
- Inform the adjuster that you intend to limit correspondence. You are not obligated to take more than one or two calls.
- Ask for the adjuster's information, such as their phone number and the name of the insurance company that hired them.
- Know what information you can give out. You are not required to provide details, but there is some information that you can provide without harming your prospects. For example, you can share the date, time, and location of the accident, as well as the names and contact information of those involved and any witnesses.
- Do not share your opinion of the accident or admit fault, even partial fault. Stick to providing only factual information.
- Do not discuss your injuries or the injuries of others involved. Inform the adjuster that you are still being treated by a doctor for injuries related to the accident.
- Do not give out unnecessary personal information. Only share information directly related to the accident and the claims process.
- Mention that you have or will hire an attorney. Inform the adjuster that your attorney will be sending a demand letter to the insurance company after receiving a report from your doctor.
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Consult a personal injury attorney
If you've been injured in an accident, you may need to consult a personal injury attorney. Here are some steps to help you prepare for your consultation:
Find the Right Attorney
Look for an attorney who specializes in personal injury law and has experience handling cases similar to yours. You can research them online and read reviews from previous clients. It's important to find someone you feel comfortable with and who has a good track record of success in cases like yours.
Gather Relevant Documents
Before your consultation, gather all the relevant documents related to your case. This includes medical records, bills, police reports, witness statements, photographs of the accident scene or injuries, insurance information, and any other evidence that may support your claim. The more information you can provide, the better your attorney will be able to evaluate your case.
Be Prepared to Answer Questions
During the consultation, the attorney will ask you detailed questions about the incident, your injuries, and your medical treatment. Be prepared to provide a timeline of events, describe the accident scene, and explain how your injuries have impacted your life. Be honest and detailed in your responses, as this will help your attorney understand your case and determine the best course of action.
Ask Questions
The consultation is a two-way street. Come prepared with a list of questions to ask the attorney about their experience, their strategy for your case, their fees, and anything else that's important to you. This will help you make an informed decision about whether this is the right attorney for you.
Be Open and Honest
It's important to be open and honest during your consultation. Share all the relevant details of your case, even if you think they may be unfavourable. Remember, the attorney is there to help you, and they can only do so effectively if they have all the information.
Understand the Fee Structure
Personal injury attorneys typically work on a contingency fee basis, which means their fee is a percentage of the settlement or award you receive. Discuss the fee structure with your attorney to ensure you understand the potential costs and how payment will be handled.
Take Notes and Ask for Clarification
Don't hesitate to take notes during the consultation. Write down the attorney's responses to your questions, and ask for clarification if you don't understand something. It can be helpful to bring a friend or family member with you to the consultation to help take notes and provide support.
Consider Your Comfort Level
After the consultation, reflect on how you felt interacting with the attorney. Did you feel comfortable and respected? Were your questions answered thoroughly? Choosing the right personal injury attorney is a personal decision, and it's important to select someone you trust and feel confident in.
Insurance Adjuster
As for your other query, the term "insurance adjuster" is pronounced as it is spelled.
By following these steps, you can make the most of your consultation with a personal injury attorney and take the first steps towards seeking the compensation you deserve.
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Frequently asked questions
It is recommended that you hire a lawyer to speak to the insurance adjuster on your behalf. If you do have to speak to them yourself, remain calm and polite, and only answer the questions you feel comfortable with.
Do not admit fault or apologise, even if you think you may be partially to blame. Do not give your opinion of the accident, and do not agree to a recorded statement. Do not discuss your injuries, and do not accept a settlement offer without first seeking legal advice.
An insurance adjuster will ask you questions about the accident, the people involved, and your injuries. They may ask about the weather, what you were doing before the accident, whether your vehicle was damaged, whether you were speeding, and whether you have obtained medical care.
You should not negotiate with an insurance adjuster without a lawyer. A personal injury attorney will be able to negotiate with the insurance adjuster and handle your claim.