Intimidate Insurance Adjusters: Know Your Rights, Get Fair Compensation

Dealing with an insurance company after an accident can be emotionally daunting, and knowing how to scare insurance adjusters into making sure you get a fair settlement offer is crucial. Insurance adjusters play a critical role in the outcome of personal injury and property damage cases, and while some work hard to review all the relevant details and arrive at a fair conclusion, others may use unethical tactics. Here are some ways to scare insurance adjusters into giving you a fair settlement:

- Understand how insurance adjusters work and their goals and tactics.

- Know how insurance adjusters may try to minimize compensation, such as by disputing the severity of your injuries or claiming that your injuries existed before the accident.

- Take your time to review a settlement offer—don't be rushed into accepting a lowball offer.

- Reject a lowball offer in writing, providing a detailed explanation of why you believe the offer is inadequate.

- Finish your medical treatment before accepting a settlement, so you know the full extent of your injuries and their long-term costs.

- Hire an experienced personal injury attorney—this is one of the most effective ways to scare insurance adjusters as it shows you are serious about getting a fair settlement.

Understand their role and goals

Understanding the role and goals of an insurance adjuster is key to knowing how to approach them and, if necessary, scare them into offering a fair settlement.

An insurance adjuster's primary role is to examine personal injury or property damage claims and determine how much an insurance company should pay the claimant. They are usually employed by insurance companies, but some work independently as external contractors.

Key responsibilities include:

• Receiving and processing claims
• Acting as the primary point of contact for the claimant
• Reviewing the claimant's injuries or property damage
• Interviewing witnesses, specialists, and claimants to assess the damage or loss
• Analyzing surveillance video, police reports, and witness testimony
• Calculating and negotiating payments

While some insurance adjusters are diligent in their work and aim for a fair conclusion, others may employ unethical tactics to minimize compensation. Their primary goal is to reduce the amount of compensation paid out by the insurance company, and their secondary goal is to settle claims as quickly as possible. This means it is not uncommon for adjusters to offer a lowball payment upfront.

Some of the tactics used to minimize settlement offers include:

• Avoiding phone calls and delaying action to frustrate claimants
• Requesting more details as a stalling tactic
• Issuing a lowball offer
• Threatening to withdraw the offer
• Advising claimants not to hire a lawyer

Know their tactics for minimising compensation

The primary role of an insurance adjuster is to examine personal injury or property damage claims to determine how much an insurance company should pay the claimant. Their main goal is to minimise the amount of compensation delivered by the insurance company. To achieve this, adjusters may employ a range of tactics, some of which are unethical or in bad faith.

• Delaying tactics: Adjusters may delay responding to claimants to cause frustration and increase the likelihood of a lowball offer being accepted. They may also try to claim that the statute of limitations has passed.
• Avoiding communication: Adjusters may avoid phone calls or be slow to respond to claimants in the hope that they will give up or accept a lowball offer.
• Requesting more details: Asking for additional information can be used as a stalling tactic, with adjusters claiming they cannot process the claim without further details.
• Issuing a lowball offer: Adjusters may make an offer far below what is needed to cover expenses, hoping that the claimant will accept.
• Threatening or intimidating: Some adjusters may try to push claimants to accept a lowball offer by threatening to remove it or claiming the statute of limitations has passed.
• Discouraging legal representation: Adjusters may advise claimants not to hire a lawyer, as this could weaken their case and minimise the claim.
• Requesting medical records: By obtaining access to medical records, adjusters may try to blame current injuries on pre-existing conditions or unrelated previous injuries.
• Working with doctors: Insurance adjusters may interview doctors with close-ended questions, or conduct an independent medical examination with a doctor of their choice, to downplay the extent of injuries.
• Field interviews: Adjusters may ask claimants close-ended questions early in the process, designed to prevent elaboration and find inconsistencies in the claimant's story to lower the claim.
• Asking for recorded statements: Recorded statements can be replayed and analysed for information to be used against the claimant.
• Surveillance: Insurance adjusters may monitor claimants' social media accounts or even hire a private investigator to watch them in person, hoping to catch them doing something that can be used to dispute their claim.

Take time to review a settlement offer

When dealing with an insurance company, it can be emotionally daunting, especially after an accident. It is important to remember that insurance companies are for-profit entities and will try to save money and settle claims quickly. While many insurance adjusters work hard to review all relevant details and arrive at a fair conclusion, others may use unethical tactics. Here are some reasons why taking your time to review a settlement offer can be beneficial and help you get a fair outcome:

Understanding the Roles and Goals of an Insurance Adjuster

The primary role of an insurance adjuster is to examine personal injury or property damage claims to determine how much an insurance company should pay the claimant for their loss. One of their key goals is to minimize the amount of compensation delivered by the insurance company, and their secondary goal is to settle claims as quickly as possible. Thus, it is not uncommon for insurance adjusters to offer a lowball payment quickly. Understanding their roles and goals can help you make an informed decision when reviewing a settlement offer.

Knowing the Tactics Used to Minimize Compensation

Insurance adjusters may use various tactics to irritate claimants and increase the likelihood of accepting a reduced settlement. For example, they may avoid your phone calls, delay action, or request more details as a stalling tactic. Knowing these tactics can help you identify any unfair practices and give you time to consult with a lawyer to ensure you receive a fair offer.

Assessing the Fairness of the Offer

A settlement offer should address all the ways you have suffered due to someone else's negligence. This includes current and future medical expenses, lost income, property damage, and pain and suffering. By taking your time to review the offer, you can assess whether it adequately compensates you for your losses and aligns with typical settlement agreements in similar cases. Consulting with a personal injury lawyer can provide valuable insights and ensure you don't settle for less.

Considering Long-Term Consequences

A serious injury can have long-lasting consequences that may not be immediately apparent. It is important to consider future costs, such as physical therapy, home modifications, and long-term medical expenses. Taking your time to review the settlement offer allows you to account for these potential long-term implications and ensure you receive adequate compensation.

Seeking Legal Advice

Experienced personal injury lawyers have handled many similar cases and can provide valuable guidance during the settlement process. They can review the offer, identify any unfair or harmful clauses, and negotiate for a better deal. By taking your time to consult with a lawyer, you can improve your chances of receiving a fair and just outcome.

Reject a lowball offer in writing

Rejecting a lowball insurance offer in writing is a crucial step in getting a fair settlement. Here are some detailed instructions on how to do this effectively:

Understand the Role of Insurance Adjusters

Before drafting your rejection letter, it's important to understand the role of insurance adjusters. They work for insurance companies and are tasked with evaluating and minimizing claim payouts. While some adjusters work hard to reach fair conclusions, others may employ unethical tactics to reduce settlements. Knowing their strategies can help you protect yourself.

Consult a Personal Injury Lawyer

Consider consulting a personal injury lawyer, who can guide you through the process and ensure your rights are respected. They can review your case, assess the true value of your claim, and advise you on how to respond to the lowball offer. A lawyer can also draft a letter on your behalf, which often carries more weight than a letter from a non-legal professional.

Gather Evidence

Strengthen your position by gathering evidence to support your claim and rejection of the lowball offer. This can include eyewitness accounts, photographs, expert testimonies, medical documentation, bills for medical expenses, documentation of lost wages, and other injury-related expenses. Having this evidence ready will help you make a strong case for a higher settlement amount.

Draft a Counter Letter

Write a counter letter to the insurance company, clearly stating that you reject their initial offer. Outline your reasons for the rejection, referencing specific evidence that supports your claim. Include a demand for a higher settlement amount, ideally slightly lower than your initial demand to show your willingness to compromise.

In your letter, discuss each of your specific damages and emphasize that the negligence of the company's client directly caused these damages. Attach copies of relevant receipts, invoices, and other supporting documents. Also, express your preference for an amicable settlement but your willingness to litigate if necessary.

Avoid Stalling

Remember to stay in frequent contact with the insurance adjuster to keep the settlement process moving. Insurance companies profit from delaying settlements, as they earn interest on claimants' money. Request verbal offers in writing, and don't delay in making your claim to avoid prolonging the process.

Know Your Rights

Understand your rights as an accident victim and policyholder. The insurance company has a duty to act in good faith and provide a fair and reasonable settlement. If they engage in bad faith practices, such as ignoring evidence or pressuring you to accept a low offer, you can report their unethical behaviour to their employer or file a claim with your state.

Finish treatment before accepting a settlement

One of the most important things to remember when dealing with insurance adjusters is that they are not working in your best interests. They are trying to minimise the amount of compensation they pay out, and one of the ways they do this is by encouraging you to accept a settlement before you have finished your medical treatment.

Why Adjusters Want You to Settle Early

The longer your course of treatment, the more costly it is likely to be, and the higher your claim. Adjusters will often try to get you to settle early to avoid a higher claim. They may try to convince you that additional treatment is unnecessary, but it is your right to follow the medical advice of your doctor and healthcare team.

Why You Shouldn't Settle Early

If you accept a settlement before your treatment is complete, you may be left to pay for the rest of your treatment out of your own pocket. Some injuries worsen over time and require more treatment than initially anticipated. For example, knee injuries can require multiple medical solutions. If you settle after the first treatment, you will not be able to receive money for necessary treatments down the line.

How to Avoid Settling Early

The best way to avoid settling early is to wait until you are fully healed before accepting a settlement. Most adjusters will not expect this, and it will show them that you understand the variables that need to be considered in a fair settlement offer. You can go ahead and file your claim, but remember not to rush into a settlement.

Frequently asked questions