After an accident, you will likely receive a call from an insurance adjuster, who works for the insurance company and is responsible for researching the accident, studying the policy, and deciding on a settlement. While it is in your best interest for the insurance adjuster to get all the information they need, it is important to remember that they have the insurance company's best interests in mind, not yours. Their objective is to get you to accept the lowest amount of money possible in the shortest amount of time. Here are some tips on how to handle this situation effectively and protect your rights.
Characteristics | Values |
---|---|
When to call an insurance adjuster | As soon as possible after an accident |
Who to call | The insurance adjuster of the other party involved in the accident |
Role of an insurance adjuster | Research the accident, study the policy, and decide on a settlement |
What to do | Hire an experienced accident attorney to negotiate |
What not to do | Deal with an insurance adjuster by yourself |
What to do if you deal with an adjuster without an attorney | Be respectful and be prepared, give only basic personal information, refuse to discuss details of the accident and injuries, send any additional documentation that will help your case, stay calm and professional |
What not to do | Give the adjuster more information than necessary, give details of the accident or injuries, be surprised if the adjuster cuts the conversation short, lower your claim value or offer, agree to give a recorded statement |
What You'll Learn
When to expect a call from an insurance adjuster
An insurance adjuster will typically contact you within the first few days or weeks after an incident. In Minnesota, insurance companies are required to acknowledge a claim within 10 days of receiving it.
If you have been involved in a car accident, an insurance adjuster will likely call you within 24 to 48 hours. However, it's important to note that insurance adjusters usually handle a high volume of cases, so there may be delays in their response time.
If you are the victim of an accident and have initiated a claim with the insurer of the at-fault party, an insurance adjuster will be assigned to your case. This adjuster will be your main point of contact for moving the claims process forward.
To speed up the response time, you can send a demand letter, which is a formal request for the insurer to take action on your claim. In Minnesota, insurance companies have 30 days to make a decision on the claim after receiving the demand letter.
If you are having trouble getting in touch with the insurance adjuster, it is recommended to hire a personal injury attorney or contact the adjuster's manager to expedite the process.
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What to say to an insurance adjuster
When speaking to an insurance adjuster, it's important to remember that they are not on your side. Their primary objective is to protect their company's interests and save money by denying claims or minimising payouts. Here are some key things to keep in mind and instructions on what to say when interacting with an insurance adjuster:
Remain Calm and Polite
Although you may be upset about the incident, it is best to remain calm and professional when speaking to an insurance adjuster. Avoid taking out your anger on them, as maintaining a positive rapport can sometimes pay off in the form of prompt handling of your claim or believing your version of events.
Obtain Their Information
Before discussing anything substantial, get the name, phone number, email address, and company details of the insurance adjuster. Also, ask for the name of the person or business they are insuring. This information will help you keep track of who you spoke with and who they represent.
Provide Limited Personal Information
When speaking to an insurance adjuster, you only need to provide basic personal information such as your full name, address, and phone number. You can also share your employment details, but it is not necessary to divulge anything further about your work, schedule, income, or medical history at this stage.
Avoid Discussing Accident Details
Insurance adjusters may try to get you to provide a statement or engage in a conversation about how the accident occurred. Politely refuse to discuss the specifics and only share essential details such as the location, date, time, type of accident, and vehicles involved. Inform them that your investigation is ongoing and that you will provide further details at a later, more appropriate time.
Do Not Describe Your Injuries
Insurance adjusters will want to know about your injuries, but it is best not to provide a detailed description until you have a complete understanding of the extent of your injuries and their impact on your life. Simply state that you are still undergoing treatment and that a written summary of your injuries will be provided by you and your lawyer.
Refuse to Give Recorded Statements
You are not legally obligated to provide a recorded statement, and it is against the law for an adjuster to record you without your consent. Refuse any requests for recorded statements politely but firmly, stating that you are uncomfortable with the idea and will provide all necessary information in writing when you are ready.
Do Not Sign Anything
Avoid signing anything or giving the adjuster access to your medical files. They might try to argue that your injuries were pre-existing or use your signature to position you as an unreliable witness. Instead, send a written statement with your lawyer's assistance and attach any necessary evidence.
Do Not Settle Immediately
Insurance adjusters may offer a quick settlement to save their company time and money. However, do not take the bait. Their initial offer is often lower than what you may be rightfully entitled to. Take the time to gather evidence, negotiate, and consult with your lawyer to ensure you receive a fair settlement.
Consult with a Lawyer
If you feel overwhelmed or unsure about dealing with an insurance adjuster, consider consulting a personal injury attorney. They can guide you through the process, protect your rights, and ensure you receive a fair outcome.
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What not to say to an insurance adjuster
When dealing with an insurance adjuster, it is important to remember that they work for the insurance company and have the company's best interests in mind. Their objective is to get you to accept the lowest amount of money possible in the shortest amount of time. Here are some things you should avoid saying to an insurance adjuster to protect yourself and your claim:
- Admitting Fault: Do not admit fault or apologise for the accident, even if you believe you are partially responsible. Statements such as "I didn't see him there" or "It was my fault" can be used against you and reduce your compensation. Wait for the official investigation to determine fault.
- Discussing Injuries: Avoid discussing the extent of your injuries, as it is easy to downplay or exaggerate them unintentionally. Statements like "I'm fine" or "I don't think I'll need to see a doctor" can be used to minimise your injuries and reduce the settlement offer. Only provide basic information and refer detailed questions to your attorney.
- Describing Injuries: It is best not to discuss your injuries at all with the adjuster. They may try to gauge the cost of medical bills and settle for a lower amount. Additionally, they may look for pre-existing conditions or injuries to reduce their liability. Refer all medical inquiries to your attorney.
- Speculating About the Accident: Stick to the facts and avoid speculating about what happened. Speculative statements can turn out to be incorrect and be used against you. Only provide information that you know with certainty.
- Providing a Recorded Statement: You are not legally obligated to provide a recorded statement. Recorded statements can be taken out of context and used against you to reduce the value of your claim. Politely refuse and consult with an attorney instead.
- Accepting the Initial Settlement Offer: Insurance adjusters may try to pressure you into accepting a quick and low settlement offer. Do not accept any offer until you have consulted with your attorney, as the initial offer is usually far from the best one.
- Giving Unnecessary Information: Only provide basic information such as your name, contact details, and other facts relevant to the claim. Avoid sharing unnecessary details about yourself or the accident, as any information given can potentially be used against you.
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How to respond to an insurance adjuster's questions
Dealing with insurance companies and insurance adjusters can be stressful and confusing, especially if you are emotional following a loss or accident. Here are some tips on how to respond to an insurance adjuster's questions:
- Be calm and polite: Although you may still be angry about the accident and your injuries, taking out your anger on the insurance adjuster won't help you get a fair settlement.
- Get their contact details: Before discussing anything, get the name, phone number, and email address of the person you're speaking with, the name of the insurance company they're with, and who they insure.
- Give limited personal information: You only need to tell the insurance adjuster the basics, such as your full name, address, and phone number. You can also tell them what type of work you do and where you are employed, but avoid discussing your work schedule, income, medical history, or anything else unnecessary.
- Don't give details of the accident: Politely refuse to discuss anything beyond the most basic facts, such as where and when the accident took place, the type of accident, the vehicles involved, and the identity of any witnesses. Inform them that your investigation is ongoing and that you will provide further details at a later time.
- Don't give details of your injuries: Avoid giving a detailed description of your injuries. Simply state that you are still undergoing treatment and that the full extent of your injuries is not yet known.
- Don't accept an immediate settlement: Insurance adjusters may try to pressure you into accepting a quick and low settlement offer before you understand the extent of your injuries and the value of your claim. Resist this pressure and take the time to assess your situation properly.
- Set limits on conversations: Make it clear that you won't be discussing much on the phone and that you prefer to provide limited information until you have fully investigated the incident and determined the extent of your injuries and losses.
- Refuse to give recorded statements: You are not legally obligated to provide a recorded statement, and it is against the law for an adjuster to record you without your permission. Politely decline any requests for a recorded statement and inform them that you will provide all necessary information in writing.
- Consider hiring an attorney: Dealing with insurance adjusters can be complex and overwhelming. Consider hiring an experienced attorney to represent you and help negotiate a fair settlement. An attorney can guide you through the process, protect your rights, and ensure that your interests are prioritized.
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When to call an insurance adjuster
An insurance adjuster works for the insurance company and their role is to research your accident, study the policy, and decide on your settlement. Adjusters will usually contact you within the first few days or weeks after an incident to get you to accept a quick settlement offer.
It is recommended that you do not deal with an insurance adjuster by yourself. Hiring an experienced accident attorney to negotiate on your behalf is the best course of action. An attorney can help you avoid unfair settlements as adjusters will try to low-ball your settlement offer.
If you decide to deal with an adjuster without an attorney, there are a few negotiation tips to keep in mind:
- Be respectful and be prepared. Know all aspects of your claim.
- Only give basic personal information such as your full name, address, and telephone number. You do not need to discuss your work schedule or income.
- Do not give the adjuster your account of the accident as it is already in the police report. They will try to get you to make a statement that will cast doubt on who was at fault. Only discuss the most basic facts.
- Do not go into detail about your injuries.
- Advise them of the total damages and the amount you are demanding.
- Take notes throughout your call with a claim adjuster.
- Document every communication with your insurance company in a notebook or diary.
- Do not sign a confidentiality or non-disclosure agreement without consulting an attorney.
If you are making an insurance claim, it is generally in your best interest to make a claim as soon as possible. The sooner you make a claim, the sooner you can start the repair, remediation, and recovery process. However, there are a few steps you may want to take before filing a claim:
- Mitigate the loss by taking immediate steps to limit any damage.
- Decide whether or not you want to make a claim. Appraise the situation by assessing the damages and considering the cost of filing a claim.
- Contact your insurance company immediately after you've decided to make a claim.
- Consider contacting a public adjuster to help guide you through the claims process and ensure you receive maximum coverage.
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Frequently asked questions
An insurance adjuster works for the insurance company paying the claim. They will review what happened and estimate the claims payment. They may also inspect the damages, look at police reports, talk to witnesses, or ask for more information when reviewing your claim.
It is recommended that you do not deal with an insurance adjuster by yourself. Instead, it is best to hire an experienced accident attorney to negotiate on your behalf. If you do decide to call an insurance adjuster yourself, be respectful and be prepared. Know all aspects of your claim and do not give the adjuster more information than is necessary.
There are several things you should avoid saying to an insurance adjuster, including:
- Admitting blame or fault
- Downplaying your injuries or saying that you are not hurt
- Describing your injuries in detail
- Speculating about what happened
- Providing a recorded statement
If you disagree with the adjuster's estimate, you should tell the insurance company why. They may adjust the offer. If you still disagree, you can ask the company to assign a different adjuster.