Insurance Adjusters And Unreturned Calls: Navigating The Claims Process

If an insurance adjuster isn't returning your calls, it's likely not personal. Adjusters are often overloaded with claims and part of a system designed to slow down the claims process to reduce the number of claims paid out. This can be incredibly frustrating for claimants, who are often already dealing with the stress of an accident and simply want an update on their claim and assurance that it's being handled fairly. While it's understandable that claimants may not want to deal with the hassle of an insurance claim, it's important to remember that insurance companies are profit-driven and will try to pay out as little as possible. This means that the longer you wait, the more pressure you may feel to accept a lower settlement offer.

The squeaky wheel gets the grease strategy: call frequently to pressure the adjuster to respond

If you've been in a car accident, one of the first things you'll need to do is contact the at-fault driver's insurance company. The person who caused the accident is responsible for paying for any damages and injuries, so you'll need to start a claim using their insurance. Once you start your claim, an insurance adjuster will be assigned to your case and will be your contact person during the claims process. However, insurance adjusters often don't return calls, which can be very frustrating for those involved in an accident.

If you're in this situation, one strategy you can employ is the "squeaky wheel gets the grease" approach. This involves calling the insurance adjuster frequently to pressure them into responding to your calls and moving your claim forward. Here are some tips for implementing this strategy effectively:

• Be persistent: Don't be afraid to call the adjuster multiple times. The idea is to make yourself a priority by being the "squeaky wheel."
• Be polite: Even if you're frustrated, remember to remain polite and professional in your interactions with the adjuster. Being rude or aggressive is unlikely to get you the response you want.
• Explain your situation: When you do get through to the adjuster, explain your situation and why you need a response. For example, you may have pressing needs such as car repairs or medical bills that need to be addressed.
• Ask for a supervisor: If your calls continue to go unanswered, ask to speak to the adjuster's supervisor. This can sometimes help to escalate your case and get a response.
• Keep a record: Keep track of your call times, dates, and the content of your conversations. This can be useful if you need to refer back to previous interactions or demonstrate the adjuster's lack of responsiveness.
• Seek legal advice: If all else fails, consider contacting a personal injury lawyer. They can provide guidance and support and may be able to help you expedite the claims process.

Remember that while the "squeaky wheel gets the grease" strategy can be effective, it's important to remain respectful and professional in your interactions with the insurance adjuster.

Ask for a supervisor to intervene and help push your claim forward

If your insurance adjuster is not returning your calls, you can ask for a supervisor to intervene and help push your claim forward. This is a common problem, and there are a few reasons why your adjuster might not be returning your calls. Firstly, insurance companies want to make a profit, and in order to do so, they need to pay out less in claims than they take in. This creates an incentive for adjusters to devalue or deny your claim. Secondly, the insurance company knows that the longer it holds onto its money, the more it can make in interest. Finally, adjusters are often overloaded with claims and are part of a system designed to slow down the claims process.

If you are having trouble getting the adjuster to return your calls, asking for a supervisor to intervene is a valid option. This can help to push your claim through and ensure that it is handled in a timely manner. It is important to remember that you may need to be persistent in your requests for a supervisor, as adjusters often have many cases to handle. Additionally, you may want to consider seeking legal assistance. A personal injury attorney can help you navigate the claims process and ensure that your interests are protected. They can also provide guidance on how to effectively communicate with the insurance company and supervisor.

When dealing with an adjuster and their supervisor, it is important to remain calm and polite. You can also try to build a rapport with them, as this may help your claim get addressed quicker. However, do not agree to inadequate compensation just to please them. Be clear about your needs and expectations, and provide any necessary documentation or evidence to support your claim. Remember that the adjuster and their supervisor are there to help you, but they also have the insurance company's best interests in mind. Therefore, having your own legal representation can be beneficial.

Contact a personal injury lawyer, who can negotiate a fair settlement on your behalf

If you've been injured and are dealing with an insurance adjuster who isn't returning your calls, you may want to consider contacting a personal injury lawyer. Here's how they can help you negotiate a fair settlement:

Experience and Expertise

Personal injury lawyers have extensive experience in handling insurance claims and negotiating settlements. They understand the complexities of the legal system and can guide you through the entire process. Their expertise lies in valuing your claim, gathering evidence, and building a strong case to support your negotiations.

Knowledge of Laws and Procedures

Personal injury attorneys are well-versed in personal injury laws, insurance policies, and negotiation tactics. They know your rights and can protect you from unfair practices. They can also help you navigate the statute of limitations, ensuring your claim is filed within the required timeframe.

Evidence Gathering and Case Building

Lawyers will work with you to gather crucial evidence, such as medical records, police reports, witness statements, and other relevant documentation. They will also investigate the accident scene, calculate your damages, and identify the responsible parties. This comprehensive approach ensures your claim is well-supported.

Effective Communication and Negotiation

Personal injury lawyers are skilled negotiators who can communicate effectively with insurance adjusters and their legal teams. They know how to present your case in the best light, highlighting the impact of your injuries and losses. They will advocate for your interests and work to maximize your settlement amount.

Dealing with Insurance Companies

Insurance companies often have their own interests at heart, aiming to minimize payouts. Personal injury lawyers understand these dynamics and can counter their tactics. They can handle communication with insurance adjusters, send demand letters, and escalate your claim if needed.

No Upfront Costs

Most personal injury lawyers work on a contingency basis, which means you don't pay any legal fees upfront. Their fees are typically a percentage of the settlement amount, so they are motivated to get you the highest possible compensation. This arrangement allows you to access legal representation without financial burden.

Peace of Mind

Dealing with the aftermath of an injury can be stressful and overwhelming. A personal injury lawyer can provide you with peace of mind by handling the legal aspects of your claim. They will keep you informed throughout the process, allowing you to focus on your recovery.

If you're facing challenges with an unresponsive insurance adjuster, consider reaching out to a personal injury lawyer. They can provide valuable assistance in navigating the claims process and help you obtain the fair settlement you deserve.

File a personal injury lawsuit: this doesn't commit you to a trial and can be withdrawn at any time

If you've been injured in an accident, you may want to file a personal injury lawsuit to receive financial compensation for the losses you've suffered. This is a civil action brought against the person or entity responsible for your injuries. However, filing a lawsuit doesn't commit you to a trial, and it can be withdrawn at any time. Here are some things to consider and steps to take when filing a personal injury lawsuit:

• Understand the basics: A personal injury lawsuit is typically filed after you've been unable to settle your insurance claim. It's a civil case where both sides must follow detailed court rules and procedures, supervised by a judge.
• Get immediate medical attention: After an accident, make sure to seek medical attention, even if your injuries seem minor. This helps in documenting your injuries and proving their extent.
• Gather evidence and information: Collect evidence such as witness statements, medical records, photographs, and videos to support your case. Get the contact information of any witnesses, as well as the name and insurance information of the at-fault party.
• Consult a personal injury lawyer: Personal injury cases can be complex, and it's beneficial to have legal representation. A lawyer can guide you through the process, negotiate on your behalf, and ensure your rights are protected.
• Identify the responsible parties: Determine who you should sue by identifying the person, business, or government body responsible for your injuries. It's generally recommended to sue all potential defendants, as they may share the blame among themselves.
• File a complaint and summons: Prepare and file a complaint (also known as a petition) outlining your allegations and damages sought. This will be served to the defendant, along with a summons, which notifies them of the lawsuit and requires a response.
• Serve the defendant: Have the complaint and summons formally delivered to the defendant within the specified time frame, usually 30 to 60 days. This can be done by a process server, court official, or law enforcement officer.
• Defendant's response: The defendant will likely file a response, either denying or admitting to the allegations. They will also include any defenses they plan to use.
• Discovery process: Both sides will exchange documents and information, including witness statements, medical records, and financial records. This process can be lengthy, sometimes taking months or years.
• Settlement negotiations: Throughout the process, there may be opportunities for settlement negotiations. Most personal injury cases settle out of court, but if a settlement cannot be reached, the case will proceed to trial.
• Statute of limitations: Be mindful of the statute of limitations, which is the deadline for filing a personal injury lawsuit. This deadline varies by state and type of case, but it's typically between one and six years.

File an insurance bad faith claim: you can win additional money from the insurance company if their behaviour towards you was outrageous

If you've been in a car accident, one of the first things you'll need to do is contact the at-fault driver's insurance company and file a claim. An insurance adjuster will be assigned to your case, and they will be your main point of contact during the claims process. Unfortunately, insurance adjusters often do not return calls promptly, and this can cause significant delays in the claims process.

If you are experiencing this issue, there are a few things you can try. Firstly, try the "squeaky wheel" approach, which involves frequently contacting the insurance adjuster to try and get a response. Alternatively, you can ask to speak to their supervisor, who may be able to help push your claim forward. If these strategies don't work, you may need to involve a lawyer.

If you feel that the insurance company is acting in bad faith and deliberately stalling or denying your claim, you may have grounds for a bad faith insurance claim. Bad faith insurance refers to an insurer's attempt to renege on its obligations to its clients, either by refusing to pay a legitimate claim or by failing to investigate and process a claim within a reasonable period. To file a bad faith insurance claim, you will need to demonstrate that you acted in good faith in seeking coverage for a valid claim. Here are the steps you can take:

• Review your insurance contract: Before taking any action, carefully review the terms of your contract to ensure that your claim should be covered by your policy.
• Keep records and logs: Document all interactions with the insurance company, including phone calls, emails, and letters. Also, keep copies of all relevant documents, such as medical records, claim denials, and correspondence.
• Look for bad faith conduct: As you document your interactions, keep track of any behaviour that could be considered bad faith. This includes unreasonable denial of benefits, failure to investigate a claim, misrepresenting policy language, and more.
• Appeal a claim denial: If your claim has been denied or you have received a lowball settlement offer, you can ask the insurance company to review the decision internally or escalate it to higher levels.
• File a claim: If the insurance company still fails to respond or resolve your issue, you may need to file a claim in court with the help of an experienced insurance lawyer.

By following these steps, you can hold the insurance company accountable for their actions and seek the compensation you deserve. However, it's important to note that proving bad faith can be challenging, and it's best to seek legal advice to navigate the complex statutes and case law involved.

Frequently asked questions