Auto Insurance Adjuster: What To Do When You Disagree

Dealing with insurance companies after a car accident can be stressful, especially when it comes to negotiating a fair settlement. If you disagree with an insurance adjuster's evaluation, it's important to know your rights and options. You don't have to simply accept their determination, and there are steps you can take to protect yourself and ensure you receive fair compensation. It's crucial to gather evidence, understand your insurance policy, and consider seeking legal assistance if needed. Remember, you have the right to challenge the adjuster's assessment and negotiate for a settlement that reflects the true extent of your damages and losses.

Gather evidence, including medical records, repair estimates, and police reports

Dealing with insurance adjusters after a car accident can be stressful, especially if you feel their evaluation of your claim is unfair. If you disagree with an insurance adjuster's assessment, it is important to gather evidence to support your claim and negotiate a fair settlement. Here are some steps you can take to gather the necessary evidence, including medical records, repair estimates, and police reports:

• Collect Medical Records: Obtain copies of your medical records and bills, including hospital and doctor bills, radiology expenses, lab work, physical therapy costs, and any other relevant documentation. This is crucial for proving the extent of your injuries and the associated treatment costs.
• Obtain Repair Estimates: Gather at least two or three repair estimates for your vehicle. This will help you make a strong case for the necessary repairs and their associated costs. If your car is a total loss, research its pre-accident value using online resources like Kelley Blue Book or NADA.
• Gather Police Reports: Obtain a copy of the police report from the responding law enforcement officer. This report typically includes statements from drivers, passengers, and witnesses, as well as the officer's observations and opinion on who was at fault. Police reports are often given significant weight by insurance adjusters, judges, and jurors.
• Document the Accident Scene: If possible, take photos and videos of the accident scene from various angles, capturing damage to vehicles, license plates, traffic signs, and the exact location of the accident. These visual records can be powerful evidence when proving fault and the extent of damages.
• Witness Statements: Collect names and contact information for all potential witnesses, including drivers, passengers, and nearby pedestrians or residents. Witness statements can provide valuable third-party confirmation of your version of events.
• Dashcam Footage: If available, dashcam footage can be highly reliable evidence of how the accident occurred and who was at fault.
• Keep a Car Accident Journal: Document everything you experience as a result of the accident, including physical injuries, headaches, missed work or vacations, sleepless nights, and anxiety. This journal can help you explain the impact of the accident to adjusters or jurors.
• Lost Income and Opportunities: Keep track of any income lost due to missed workdays or lost business opportunities. Gather relevant documentation such as pay stubs, direct deposit records, or previous years' tax returns to prove your rate of income.

By gathering these types of evidence, you will be better equipped to negotiate with the insurance adjuster and support your claim for a fair settlement. Remember to review your insurance policy, understand your coverage, and seek legal advice if needed.

Review your auto insurance policy to understand your coverage

Dealing with insurance adjusters can be a challenging and frustrating process. If you disagree with an insurance adjuster's evaluation, it is important to know your rights and take the necessary steps to protect yourself. One of the first steps you should take is to review your auto insurance policy to understand your coverage and rights under the policy. Here are some key points to consider when reviewing your auto insurance policy:

• Declarations Page: This is usually the first page of your policy documents, and it summarizes your coverages, limits of liability, premiums, and deductibles. It should also include personal information such as your name, address, and policy number.
• Insurance Agreement: This section outlines the terms, conditions, and exclusions of your coverage. It is important to understand what is and is not covered under your policy.
• Coverage Sections: These sections will go into more detail about the specific types of coverage you have, such as liability, collision, and comprehensive coverage.
• Exclusions: This section lists the situations or circumstances that are not covered by your policy. It is important to understand these exclusions to know what your policy does not protect you against.
• Endorsements: This section outlines any optional add-ons or endorsements you have included in your policy, such as roadside assistance or rental car reimbursement.
• Cancellation Terms: This section explains the conditions under which your policy can be canceled by you or the insurance company.
• Contact Information: Your policy should provide contact information for your insurance agent and the company, so you know who to reach out to in case of claims or other inquiries.

When reviewing your auto insurance policy, it is important to read the entire document carefully and not just the declarations page. The policy will contain important information about your coverage, exclusions, and your rights as a policyholder. Understanding your policy can help you make informed decisions during the claims process and ensure you receive the compensation you deserve. If you are unsure about any terms or conditions in your policy, don't hesitate to contact your insurance company or seek legal advice for clarification.

Consult a lawyer to explore legal options and protect your rights

Dealing with insurance companies after a car accident can be stressful, and you may feel dismayed by the compensation you are offered for your losses. If you disagree with the insurance adjuster's evaluation, you have the right to challenge their assessment and explore legal options with the help of a lawyer. Here are some reasons why consulting a lawyer can be beneficial:

Knowledge of the Law and Procedural Rules

An experienced car accident lawyer will have in-depth knowledge of the relevant laws and procedural rules that may affect your case. They can advise you on shared fault rules in your state and how they might impact your case if you share any negligence. Additionally, they are familiar with time limits, known as statutes of limitations, for filing a lawsuit. They can ensure your case is handled within the required timeframe, which is often within two years of the accident in many states.

Evidence Gathering and Claim Support

Lawyers can help you gather and organize the necessary evidence to support your claim. This includes police reports, witness statements, medical records, bills, employment information, and lost wage documentation. They know what evidence is required to strengthen your case and can guide you through the process of obtaining and submitting it effectively.

Negotiation and Advocacy

A lawyer will advocate for your best interests and negotiate with the insurance company on your behalf. They can communicate directly with the insurance adjuster, presenting your case and supporting evidence to push for a higher settlement. Lawyers are skilled negotiators who understand how to respond to defenses raised by the other side and how to leverage the threat of legal action to achieve a fair settlement.

Legal Action and Litigation

If negotiations with the insurance company fail to result in a fair settlement, a lawyer can provide essential guidance and representation in legal action. They can file a lawsuit on your behalf, prepare your case for trial, and navigate the complexities of court proceedings. Having a lawyer by your side levels the playing field when going up against the vast resources of a large insurance company.

Contingency Fee Arrangements

Most injury attorneys work on a contingency fee basis, which means they only get paid if they successfully resolve your claim. This arrangement can provide financial peace of mind while ensuring your lawyer is motivated to achieve the best possible outcome for you.

In summary, consulting a lawyer after a car accident can provide you with the knowledge, skills, and advocacy you need to protect your rights and explore legal options. They can help you navigate the complex world of insurance claims and ensure you receive the fair compensation you deserve.

Negotiate respectfully but firmly, providing counteroffers and justifications

Negotiating with an insurance adjuster can be a tricky process, but it is possible to do so respectfully yet firmly to reach a fair settlement. Here are some tips to help you navigate the negotiation process effectively:

• Arm yourself with evidence: Gather all the necessary evidence to support your claim and justify a higher settlement amount. This includes photos and videos of the accident scene, damage to vehicles and property, police reports, medical records detailing your injuries and treatment costs, and receipts for car repairs, rental vehicles, and any other accident-related expenses.
• Know your policy and vehicle value: Familiarize yourself with your insurance policy to understand your coverage and rights. Additionally, know the true value of your vehicle by obtaining estimates from certified mechanics, dealerships, or online sources like Kelley Blue Book or Edmunds. This knowledge will help you determine if the adjuster's offer is unfair and provide a basis for your counteroffer.
• Provide counteroffers and justifications: When negotiating with the insurance company, present a range of settlement figures that correspond with the estimates you have gathered for your vehicle's worth. Clearly articulate your reasoning and provide evidence to support your request for a higher settlement. Remember, the goal is to reach an agreement that is acceptable to both parties.
• Address the adjuster's justification: Listen to the adjuster's reasoning behind their offer and address their points. Understand that adjusters may use insurance legalese and focus on minimizing costs for the insurer. Counter their arguments with evidence and your own justifications, especially if their offer is below the estimated value of your vehicle or insufficient to cover your expenses.
• Consider emotional factors: In addition to the financial impact, consider the emotional toll the accident has taken on your daily life, such as disruptions to your work, errands, or family responsibilities. These factors can be powerful in negotiating a higher claim value.
• Stay organized and persistent: Organize your counter-arguments and evidence to present a strong, coherent case. Be persistent in seeking a fair settlement, but also remain respectful and avoid aggressive confrontations or threats. Remember, you have the right to seek compensation that adequately covers your losses.

Remember, if you feel overwhelmed or unsure about handling the negotiation process on your own, you always have the option to consult a lawyer who can provide legal advice and representation.

Dispute the decision and file a complaint if necessary

If you disagree with a car insurance adjuster's evaluation, there are several steps you can take to dispute their decision and seek a fair settlement. Firstly, it is important to gather evidence and negotiate with the insurance company. This includes obtaining repair estimates, medical records, and other relevant documentation to support your claim. You should also review your insurance policy to understand your coverage and rights.

If you have just received a decision from the insurance adjuster, it is recommended to contact an attorney promptly. An attorney can review your case, advise you on your entitlements, and communicate directly with the insurance adjuster to work towards modifying their determination before any formal steps are taken. They can also assist in finding a qualified independent appraiser to provide a second opinion on your claim's value.

If it has been a while since the insurance adjuster's decision, you should still consult a lawyer to assess your options. Your lawyer may communicate with the adjuster or take other actions, such as hiring an independent appraiser or pursuing legal action against the insurance company. It is important to act promptly as there are deadlines for seeking insurance coverage after a car accident.

If negotiations with the insurance company are unsuccessful, you have the option to formally dispute their decision. Many insurance policies allow for arbitration, where you can present evidence to an independent adjuster who will make a binding settlement. You can also file a complaint with your state department of insurance, alerting regulators to improper claim-handling practices and triggering a reevaluation of your settlement.

In situations where the insurance company refuses reasonable negotiation, legal action may be warranted. An attorney can advise if litigation is a prudent course of action. It is important to remember that you have the right to challenge the insurance adjuster's assessment and seek a fair settlement that reflects the true extent of your damages and losses.

Frequently asked questions