The Art Of Negotiation: Strategies To Keep Insurance Adjusters On Their Toes

Dealing with insurance companies can be emotionally daunting, especially after an accident. Here are some tips to help you scare insurance adjusters and make sure you get a fair claim settlement offer:

- Understand their role: Insurance adjusters have three main priorities: preventing insurance fraud, settling claims for a low amount, and settling claims quickly. They deal with a lot of claims, and they don't necessarily have specialised medical or legal training. Knowing this can help you prepare and gain an advantage.

- Avoid giving too many details: It's natural to be in shock after an accident, and insurance adjusters often play on this. Don't make guesses about what happened, and never admit partial liability. Wait to speak to your lawyer, as evidence may reveal other variables.

- Don't sign anything or give a recorded statement: You might be inclined to apologise or exaggerate, or omit important details. Insurance adjusters might also ask for access to your medical files, which could allow them to argue that your condition was pre-existing. Instead, send a written statement with your lawyer and attach all necessary evidence.

- Don't settle on the first offer: Insurance adjusters often start with a lowball offer, hoping you'll accept it. Negotiate and make a counteroffer—remember, the insurance adjuster also wants to settle the claim.

- Hire a lawyer: This is one of the best ways to scare insurance adjusters. A lawyer will know the law, understand adjusters' tactics, and can fight for your rights. It shows the adjuster that you're serious and prepared to go to court if necessary.

- Know your rights: Read up on insurance law and personal injury law to effectively communicate and stand your ground when dealing with adjusters.

- Document everything: Insurance adjusters love paperwork, so give them a run for their money by being thorough. Document your injuries, treatment, and recovery with photos, medical reports, and bills. Keep track of any lost wages or other financial impacts.

- Be patient: Don't let insurance adjusters pressure you into accepting a lowball offer. Show them you're not easily swayed and that you're willing to wait for a fair settlement.

Understand their role

Understanding the role of an insurance adjuster is the first step to eliciting fear in them. Here is what you need to know about their role:

Who is an Insurance Adjuster?

An insurance adjuster, also known as a claims adjuster, is a person who investigates an insurance claim to determine if the insurer should pay for damage or injuries, and if so, how much they should pay. They play a critical role in the outcome of personal injury and property damage cases.

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 evaluate claims, assessing damages, and negotiating settlements. They ensure fair resolutions, serving as intermediaries between policyholders and insurance companies.

Specific Duties of an Insurance Adjuster

Once a claim is filed against an insurance policy, the adjuster's responsibilities often include:

• Notifying the insurer of a covered loss under policy terms
• Initiating claims evaluation within mandatory timeframes
• Filing any necessary paperwork
• Communicating with the claimant
• Investigating the assignment of liability
• Physically inspecting and assessing damages
• Researching market values and average replacement costs associated with each aspect of the claim
• Providing a detailed damages report to the insurance company
• Negotiating with vendors or repair shops on cost and time needed for repair/replacement
• Reassessing any new information or evidence that could change the settlement offer

Types of Claims Adjusters

There are three main types of claims adjusters:

• Corporate/Traditional Claims Adjusters: Typically employed by a single insurance company. They may focus on handling property damage claims, liability claims, or multiple areas of claims.
• Public Adjusters: Represent policyholders or the individual filing the claim. They are hired by personal injury attorneys to provide an objective evaluation of an injury claim as a safeguard against a low-ball settlement offer.
• Independent Adjusters: Work as consultants or contractors and may service multiple insurance companies. They are often brought in to supplement large field claim efforts following large natural disasters.

Who do Insurance Adjusters Work For?

Insurance adjusters work for the insurance company paying the claim. They will review what happened and estimate the claims payment. They either work directly for the insurance company or may be freelance adjusters hired by the insurance company to handle specific claims.

To become an insurance adjuster, you will need a minimum education of a high school diploma or GED equivalent. Some states require a license, and individuals will need to study and pass a licensing exam. Adjusters need to complete continuing education credits to maintain their license.

Know your rights

When dealing with insurance adjusters, it is important to know your rights. Here are some key points to keep in mind:

• You have the right to legal representation: You can consult a personal injury lawyer at any time during the insurance investigations and claim process. It is advisable to seek legal advice before accepting any settlement offers or signing any documents.
• You can request identification: You can ask the insurance adjuster for a letter identifying themselves and their affiliation with the insurance company. This letter should include details such as the policy number, claim number(s), and evidence of coverage for the responsible party on the date of the accident.
• You can refuse to sign an authorisation form: You are not obligated to sign an "authorisation" form allowing the adjuster to obtain your medical and employment records directly. You can choose to source and provide relevant documents yourself while maintaining control over your private information.
• You can refuse a medical examination by a "company doctor": If the insurance adjuster requests that you be examined by a doctor of their choosing, you have the right to refuse. There is a risk that a "company doctor" may provide a biased judgement in favour of the insurance company.
• You can decline a recorded statement: You are not always required to consent to an insurance adjuster recording your statements. Recorded statements can be taken out of context and used against you. It is generally advisable to provide written statements instead, allowing you to carefully plan and review what you say.
• You can be cautious about sharing details: While it is important to be truthful, you don't need to provide excessive details about the accident, your injuries, or your personal life. Avoid speculating or admitting partial liability. Focus on providing factual information supported by evidence.
• You don't have to accept the first offer: Insurance adjusters often make low initial settlement offers, expecting negotiations. You have the right to negotiate and counter-offer to achieve a fair settlement that covers your damages.

Remember, insurance adjusters work for the insurance company and their primary goal is to settle claims quickly and cheaply. Knowing your rights and seeking legal advice can help protect your interests and ensure you receive fair compensation.

Document everything

Documenting everything is one of the most important things you can do when dealing with an insurance adjuster. Here are some tips to help you document everything effectively:

• Save all communications from your insurance adjuster, including emails, voicemails, and letters.
• Start a journal or diary to document your interactions with the adjuster, including any promises or statements made.
• Take pictures of any damage or losses related to your claim.
• Keep all receipts and invoices related to your claim, including medical bills, repair costs, etc.
• If possible, get a second medical opinion to support your claim.
• Keep a record of any phone calls or conversations with the adjuster, including the date, time, and a summary of what was discussed.
• If there are any witnesses to the incident, be sure to get their contact information and a statement from them.
• If the insurance company requests any documentation from you, be sure to make copies for your records before sending it to them.
• If you have any questions or concerns about the claims process, be sure to write them down and get clarification from the adjuster.
• Consider seeking the help of a public adjuster or an attorney who can guide you through the process and ensure your rights are protected.

Be patient

One of the most common tactics insurance adjusters use is stalling. They hope you'll get desperate and take a lower offer. Show them you're not easily swayed. Be patient, and let them know you're willing to wait for a fair settlement.

Remember, an insurance adjuster's primary goal is to minimize the amount of compensation delivered by the insurance company. 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.

While you may be tempted to take the offer, remember that you have the right to reject their offer and request a settlement that you feel is fair.

Sometimes, a claimant's silence is one of the most effective ways to induce fear or nervousness in an insurance adjuster. This may seem counterintuitive at first, but remember one of the goals of an insurance adjuster is to settle claims quickly. So, when they issue a settlement offer and you don't respond quickly, they may begin to worry that you will reject their offer.

There is another reason why a lack of responsiveness might be concerning to adjusters. They may worry that you need more extensive treatment, which could prove to be costly for the insurance company in the long term. On the other hand, if you accept an offer quickly, you will not be able to pursue additional compensation if medical treatment needs surface in the future.

Insurance adjusters may also use delaying tactics to wear you down, hoping you'll accept a lower settlement or abandon your claim altogether. Delays can include requests for additional documentation, slow response times, or drawn-out negotiations.

Stay patient and persistent, and don't accept an unfair settlement out of frustration. Remember that negotiations can take time.

Hire a lawyer

Hiring a lawyer is the best way to scare an insurance adjuster. It shows that you are serious about your case and that you have the knowledge and resources to fight for a fair settlement. It also demonstrates that you are aware of the adjuster's tactics and are not easily intimidated.

A lawyer can help you understand your rights, communicate effectively with the adjuster, and stand your ground during negotiations. They can review and respond to settlement offers, and if necessary, represent you in court.

When choosing a lawyer, look for someone with experience in personal injury law and a proven track record of success in negotiating with insurance companies. This will send a strong message to the insurance adjuster that you mean business and are not afraid to take legal action if needed.

Frequently asked questions