Navigating Insurance Adjusters: Recognizing And Avoiding Deception

Dealing with insurance adjusters can be a tricky business. Adjusters are employed by insurance companies to settle your claim as quickly and cheaply as possible. They are not on your side. Here are some tips to avoid being tricked by an insurance adjuster:

- Hire an attorney — An experienced attorney will know all the tricks insurance adjusters use and will be able to negotiate a higher settlement on your behalf.

- Don't talk to them — Insurance adjusters are trained to manipulate policyholders into admitting fault or saying something that can be used against them.

- Don't sign or agree to anything without an attorney — If you must talk to an insurance adjuster, don't sign anything or agree to a recorded statement without an attorney reviewing the documents first.

- Don't be rushed into a settlement — Adjusters will often pressure you to accept a lowball initial offer. Take your time to review any settlement offer and don't be afraid to counter with a higher amount.

- Get a second opinion — If you've been injured, visit a doctor or chiropractor for a second opinion. This will show that you are taking your injuries seriously and not just relying on the word of the insurance company.

Avoid talking to adjusters. They don't have your best interests at heart

It's important to remember that insurance adjusters are not on your side. They work for insurance companies and their main goal is to resolve your claim as quickly and cheaply as possible. They are trained to be friendly and put you at ease so that you reveal sensitive information that can be used against you. They will try to lock you into an official story and trick you into admitting fault.

To avoid being tricked by an insurance adjuster, it is recommended that you:

• Avoid talking to them as much as possible.
• Don't give a recorded statement or sign anything without your lawyer reviewing the documents first.
• Don't admit fault, even partially.
• Don't answer questions about what you could have done to avoid the accident.
• Don't comment on how external factors, such as the weather, affected the accident.
• Don't give your opinion on medical treatment costs and repair and replacement costs.
• Consult an attorney who can guide you on what to say and help you get a fair settlement.

Don't sign anything until your attorney has reviewed the documents

Signing documents can be a tricky business, and it's important to be cautious when dealing with insurance adjusters;. Here are some reasons why you shouldn't sign anything until your attorney has reviewed the documents:

• Understanding the Documents: Insurance policies are often written in complex legal language that can be difficult to interpret. An attorney can help ensure you fully understand the terms and requirements of the documents before signing.
• Protecting Your Interests: An attorney will review the fine print and ensure that your rights and interests are protected. They can identify any clauses or loopholes that may be detrimental to you.
• Identifying Misrepresentation: In some cases, insurance adjusters may use deceptive tactics or withhold information. An attorney can help identify any misrepresentation or inaccurate information in the documents.
• Avoiding Trickery: Insurance adjusters may employ various tricks to reduce your compensation. An attorney can review the documents for any signs of trickery or coercion and advise you on your rights.
• Ensuring Compliance: An attorney can verify that all necessary documents are in order and properly completed. They can also guide you on additional documentation that may be required to support your claim.
• Peace of Mind: Having an attorney review the documents provides peace of mind and reduces the stress associated with dealing with insurance adjusters. They can explain the legal implications and ensure you don't inadvertently sign away your rights.

Remember, it is your right to seek legal advice before signing any documents. Don't feel pressured or rushed into signing anything. Take your time, consult with your attorney, and fully understand the documents before putting pen to paper.

Don't give a recorded statement without your lawyer present

If you've been in a car accident, you can expect the insurance company to request a recorded statement from you. While it may seem like a reasonable request, it's important to remember that their goal is to minimise their responsibility for your injuries and the amount they pay out. Therefore, giving a statement can be a slippery slope and it's best to avoid doing so without your lawyer present. Here's why:

Firstly, your recorded statement can and likely will be used against you in court. Insurance adjusters are trained to take such statements and will present the request in a friendly, casual manner to make you feel at ease. However, they know exactly how to word their questions to get a response that can help them deny responsibility for your injuries. For example, if they ask how you are and you reply that you're "fine", this can be used to lower the value of your injury claim as injured people aren't "fine".

Secondly, the full extent of your injuries may not be apparent immediately after the accident. The insurance company may try to rush a settlement to avoid a lengthy process and may contact you within 24 hours of the accident to ask about your injuries. It's best to focus on the property damage at this early stage, as you could develop pain from a soft tissue injury that wasn't immediately apparent.

Thirdly, insurance companies will compare your recorded statement with other statements you've made, such as to the police or in a deposition to opposing counsel. If you're involved in a lawsuit, they can compare these statements for inconsistencies, which could hurt your case.

Finally, even if you think you'll sound logical and polite, something you say could come back to haunt you. If you're on painkillers for your injuries, this could cause you to slur your words or remember the accident differently. An inconsequential discrepancy could be used to discredit your entire testimony.

The exception to this is when your own insurance company asks for a recorded statement. You may be obligated to provide one, but even then, your words could be used against you if their position becomes opposite to your best interests. Therefore, it's highly recommended that you have a lawyer present or on the phone with you during any recorded statement to ensure you don't say anything that could weaken your claim.

Don't admit fault, even partially

Admitting fault after a car accident can put you at risk of losing compensation for damages or injuries you suffer. Even if you believe you are to blame for the incident, avoid admitting fault. Instead, describe the accident truthfully without placing blame on yourself.

In some states, you can receive compensation after an accident even if you are found to be partially responsible. For example, in Illinois, if you are found to be less than 50% responsible for the accident, you can still recover damages proportional to the extent of your responsibility. However, if you fully admit fault after an accident, you may lose the compensation you could have received.

It is important to note that admitting fault can also increase your insurance rates. Insurance adjusters are responsible for verifying the facts of your claim and ensuring that the insurance company only pays what they absolutely have to. By admitting fault, you give the insurance company an excuse to make a low offer or even deny your claim.

Additionally, admitting fault can be challenging to change later on. Once you provide a statement admitting fault, it can be difficult to retract if new information or details come to light that suggest you were not fully at fault. Investigators or police officers may doubt your new statement and question your credibility. Therefore, it is advisable to take some time to collect your thoughts and gather all the facts before providing a statement.

In conclusion, when dealing with insurance adjusters or discussing the accident, avoid admitting fault even partially. Instead, focus on providing factual information and let the police report, witnesses, and your lawyer determine who carries the most fault.

Be aware of the adjuster's deceptive friendliness

Insurance adjusters, sometimes called claims adjusters or claims handlers, often use deceptive practices and misleading statements to get claimants to settle for less than they are owed. It is important to be aware of their techniques and not fall prey to their tactics.

One common tactic is to try to rush you into accepting a lower settlement amount than your case is worth. They may also stall and delay the process, hoping that you will eventually become desperate for the settlement funds and accept a lower offer. They might also fail to notify you of important deadlines or provide the necessary paperwork, causing you to miss out on your claim.

Another tactic is to claim that your injuries were pre-existing or not as severe as claimed. They may point out that you did not go to the emergency room immediately after the accident or that certain injuries were not documented by the ER. In this case, an attorney can help you obtain and submit the necessary medical documentation to prove your claim.

Insurance adjusters may also insist on a recorded statement, which can be used to wrongfully blame victims for all or part of an accident. They might also make misleading statements, such as claiming that hiring an attorney will slow down your settlement. While it is true that hiring an attorney can delay the process, it is important to take the time to receive proper medical treatment and consult with health professionals to ensure you receive the full amount of compensation you are owed.

It is crucial to be vigilant and informed when dealing with insurance adjusters to avoid being tricked and ensure you receive a fair settlement.

Frequently asked questions