Deposing An Insurance Adjuster: Strategies For Success In Personal Injury Claims

A deposition is a pre-trial questioning of witnesses under oath. Most insurance adjusters would prefer for their cases not to go to court, but if your case does escalate to litigation, you might be required to participate in a deposition. To prepare for this, it is important to have a basic knowledge of your case. Memorise important details and prepare for tough questions with your attorney. You should also be ready to back up your credentials, as the opposing party will try to make their witnesses seem more credible than yours. Finally, speak with your attorney beforehand to ensure you know the rules and can represent your party well.

Know their role and goals

The primary role of an insurance adjuster is to examine personal injury or property damage claims to help determine how much an insurance company should pay the claimant for their loss. They are also known as claims adjusters and usually work for insurance companies, although some work independently as external contractors.

Key responsibilities of claims adjusters include:

• Receiving and processing claims
• Acting as the primary point of contact for an injury victim while their claim is being processed
• Reviewing a claimant's physical injuries or property damage
• Interviewing witnesses, specialists, and claimants to assess the degree of damage or loss
• Analyzing surveillance video, police reports, and witness testimony
• Calculating payments and benefits
• Negotiating payments with claimants

The main goal of an insurance adjuster is to minimize the amount of compensation delivered by the insurance company. Their secondary goal is to settle claims as quickly as possible. This means it is not uncommon for insurance adjusters to offer a lowball payment quickly. While you may be tempted to take the offer, remember that you have the right to reject their offer and request a settlement you feel is fair.

Insurance adjusters are employed by insurance companies. As such, their sole job is to settle your claim as quickly and cheaply as possible so that they can save money for their employer. To achieve their goal of a quick and inexpensive resolution to your case, adjusters often employ a wide array of misleading tactics to trick you into taking a lower settlement amount than you deserve.

An insurance adjuster, otherwise known as a claims adjuster, is hired by the insurance company to look into the claim and determine whether they need to pay for damages. They will assess the damages, look into the details of the accident, speak with you and witnesses to the accident, and peruse accident records to determine how much the insurance company should pay.

Understand tactics to minimize compensation

Insurance adjusters use a variety of tactics to minimize compensation payouts. Here are some of the most common strategies:

• Rushing lowball settlements before symptoms emerge: Adjusters may try to get claimants to accept a low settlement quickly, before the full extent of their injuries and costs are known.
• Delaying action: Adjusters may stall and delay the claims process to cause frustration and increase the likelihood that claimants will accept a lowball offer.
• Requesting more details: This is another stalling tactic where the adjuster says they need more information before they can process the claim.
• Issuing a lowball offer: Adjusters may make an initial offer that is far below what the claimant needs to cover their expenses, hoping they will accept out of desperation or ignorance of the true value of their claim.
• Threatening or intimidating claimants: Some adjusters may try to push claimants to accept a lowball offer by threatening to take it off the table or implying that they could walk away with nothing.
• Discouraging claimants from hiring a lawyer: Adjusters may advise claimants to handle the claim themselves, knowing that a lawyer will strengthen their case and likely increase the payout.
• Requesting access to medical records: While it's standard for adjusters to verify injuries by reviewing relevant medical records, they may ask for blanket authorization to access all records, including those unrelated to the accident, in order to find evidence of pre-existing conditions that could be used to discredit the claim.
• Putting claimants under surveillance: Adjusters may legally put claimants under surveillance, monitoring their activities in public and on social media, to catch them doing anything that could be used to dispute the extent of their injuries.
• Twisting statements to dispute/minimize harm: Adjusters may manipulate claimants' words, particularly vague or innocuous statements like "I'm fine," to cast doubt on the legitimacy of their injuries.

Take time to review settlement offers

When dealing with an insurance adjuster, it is crucial to understand their role and goals. They work for the insurance company and their primary objective is to minimise the compensation amount while settling claims as swiftly as possible. Hence, it is not uncommon for adjusters to present a lowball settlement offer, hoping for a quick resolution. However, it is important to remember that you have the right to reject their initial offer and request a settlement that you deem fair. Here are some reasons why taking time to review a settlement offer is beneficial:

Understanding the Impact of Your Injuries

Before accepting any settlement, it is crucial to comprehend the long-term effects of your injuries on your life. Will your injuries deteriorate over time? Will they necessitate mobility aids or a change in career? Discussing these possibilities with a lawyer can aid in determining if the insurer's offer adequately compensates your current and future losses. Remember, once you accept a settlement, you typically sign a release of liability, meaning the insurance company is no longer responsible for any future expenses or complications arising from your injuries.

Assessing the Fair Value of Your Claim

Insurance adjusters are skilled negotiators who aim to reduce settlement payouts. Their performance is often evaluated based on the amount of money they "save" the company. Hence, their initial offer may not reflect the true value of your claim. Consulting an experienced personal injury lawyer can help you assess whether the offer is reasonable given the circumstances. Lawyers can analyse your claim and put forth a counteroffer that better represents your situation. They can also identify if there are any discrepancies in the adjuster's offer and ensure all relevant information regarding your injuries is considered.

Avoiding Unfair Settlements

Insurance companies may try to rush you into accepting a settlement before you have a chance to consult a lawyer or fully understand the extent of your injuries and damages. They may present a lowball offer, hoping you will accept it due to financial strain or a desire for a quick resolution. Taking time to review the offer allows you to make an informed decision. It also sends a message to the insurance company that you are aware of your rights and are willing to fight for a fair settlement.

Completing Medical Treatment

It is generally advisable not to accept a settlement until your doctor releases you from treatment. The full extent of your injuries and their long-term impact may not be immediately apparent. By waiting until you reach maximum medical improvement (MMI), you gain a clearer understanding of your prognosis, future medical costs, and potential impairments. This information is crucial in determining a fair settlement amount and ensuring you receive adequate compensation for all current and future expenses related to your injury.

In conclusion, taking time to review a settlement offer from an insurance adjuster is crucial to protect your interests and ensure you receive fair compensation. By understanding the role and goals of adjusters, consulting with a lawyer, assessing the value of your claim, and completing necessary medical treatment, you can make an informed decision and improve your chances of obtaining a settlement that truly reflects the impact of your injuries.

Reject lowball offers in writing

Why Insurance Companies Make Lowball Offers

Insurance adjusters are employed by insurance companies to settle claims as quickly and cheaply as possible. They do this to save money for their employers. As such, they will often use misleading tactics to get claimants to accept a lower settlement amount than they deserve.

Why You Should Reject Lowball Offers in Writing

Rejecting a lowball offer in writing sends a message to the insurance company that you intend to fight for a fair settlement. It also unnerves the adjuster, who knows that you mean business.

How to Reject a Lowball Offer in Writing

Work with a personal injury attorney to draft a letter that:

• States clearly that the settlement offer is unacceptable
• Responds to any inaccurate statements in the insurance adjuster's correspondence
• States the settlement amount you find acceptable
• Outlines the general reasons why the amount you proposed is appropriate
• Calculates expenses related to any damages that the lowball settlement offer ignored
• Attaches copies of receipts, invoices, and a letter from your employer documenting your absence from work

What to Include in Your Counteroffer Letter

Your counteroffer letter should:

• State that you will not accept the initial settlement offer
• Outline the reasons why you feel you deserve a higher settlement amount
• Respond to each of the insurance adjuster's low-offer reasons
• State the higher settlement amount that you will accept

Additional Considerations

• Keep in mind that the acceptable amount of your counteroffer should be less than you originally requested in your demand letter. This will show the insurance company that you are willing to compromise.
• Don't set your counteroffer too low, though. It should be slightly less than your original request, but not low enough to make the insurance adjuster accept immediately.
• Consistently demanding too high an amount might get your claim rejected completely, with your only remaining course of action an expensive and time-consuming lawsuit.

Finish treatment before accepting settlement

When dealing with insurance companies, it is important to remember that insurance adjusters will try to settle a claim as quickly as possible for as little money as possible. This means that they may pressure you to accept a settlement before you have finished your medical treatment. However, it is generally advised that you should not accept a settlement offer until you have completed your medical treatment and know the full cost of your treatment. Here are some reasons why:

• You may not know the full extent of your injuries immediately after an accident. Some injuries may worsen over time or require more extensive treatment than anticipated. By waiting until you have finished treatment, you can be sure that you know the full scope of your injuries and the associated costs.
• If you accept a settlement before completing your treatment, you may be left with unexpected medical expenses that you have to pay out of pocket. This is especially true for severe or long-term injuries that require years of treatment and rehabilitation.
• Insurance companies may try to take advantage of you by offering a low settlement early on, hoping that you will accept without knowing the true value of your claim. By waiting until you have finished treatment, you can negotiate a fair settlement that covers all your current and future medical expenses.
• In some cases, your doctor may determine that you have reached maximum medical improvement (MMI), which means that your condition cannot be improved any further, even with continued treatment. Reaching MMI gives you a better perspective on the impact of your injuries and helps you make more informed decisions about your settlement.
• If you are unsure about whether to accept a settlement, you can consult a personal injury lawyer. They can help you understand your rights, negotiate with the insurance company, and ensure that you receive fair compensation for your injuries.

In summary, it is generally advisable to finish your medical treatment before accepting a settlement offer from an insurance company. This allows you to have a clear understanding of your injuries, the associated costs, and the true value of your claim, ensuring that you receive the compensation you deserve.

Frequently asked questions