Dealing with insurance adjusters can be a tricky business. They are trained to foster a friendly conversation that encourages you to make damaging statements about what happened or your injuries. It is important to be aware of what to ask and what not to say so you do not accidentally harm your case. In this article, we will cover the dos and don'ts of dealing with insurance adjusters, from limiting the information you share to refusing to give recorded statements. We will also discuss the questions you should ask the adjuster to ensure you are getting a fair settlement.
Characteristics | Values |
---|---|
Will they admit fault for the accident? | If not, cease the conversation and contact an attorney. |
Will they pay for your car repairs, rental car, and medical bills? | --- |
How much insurance did their driver carry? | You are entitled to this information and a copy of their policy. |
Will they provide a written statement admitting that the wreck was not your fault? | --- |
Will they give a copy of the recorded statement taken from the other witnesses and the person who caused the accident? | --- |
How much is set aside in "reserves" to pay your claim? | --- |
Will they give a written statement promising to send a copy of anything received using your signed medical release? | --- |
Will they give a copy of any "index" information they have received concerning you from their computer insurance databases? | --- |
Have they conducted video surveillance of you? Will they tell you if they do? | --- |
Will they provide a written statement promising to provide a copy of any and all video surveillance done on you within two days after doing it? | --- |
Will they tell you if there is any "umbrella" insurance coverage applicable to your claim? | --- |
Will they tell you how much the person who caused the accident has in assets? | --- |
What You'll Learn
What to ask about their driver
If you've been in a car accident, it's important to know what to ask an insurance adjuster about the other driver. Here are some detailed and direct questions to help you navigate this process:
Ask about the driver's insurance coverage:
Ask the adjuster, "How much insurance coverage does their driver carry?" or "Will you tell me how much insurance coverage the person who hit me has?" You are entitled to this information, and it will give you a sense of the scope of coverage available for any claims.
Inquire about the driver's actions and potential fault:
You can ask for a copy of the recorded statement provided by the other driver. This will give you insight into their account of the accident and help you understand their perspective. You can also ask the adjuster if the other driver has admitted fault for the accident. This is crucial information that can impact how your claim is handled.
Understand the driver's history:
Ask the adjuster if the driver has a history of accidents or traffic violations. This information can be relevant to your case and may influence the assessment of fault. Inquire about any previous claims made by the driver or any issues with their insurance coverage.
Get details about the driver's vehicle:
Find out the year, make, and model of the other driver's car. Ask about the damage to their vehicle and the repairs needed. This information is essential for assessing the extent of the accident and determining the appropriate compensation.
Inquire about the driver's injuries:
Ask the adjuster if the other driver sustained any injuries in the accident. This is important for understanding the full impact of the incident and could affect your claim. Find out if they required medical attention and the extent of their injuries.
Remember, it's crucial to gather as much information as possible to protect yourself and ensure a fair outcome. An insurance adjuster's primary goal is to minimise the insurance company's payouts, so be thorough and don't hesitate to consult a lawyer if needed.
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What to ask about your medical bills
Dealing with insurance adjusters can be challenging, especially if you are injured or dealing with other issues like taking time off work or finding alternative transportation while your car is being repaired. It is important to remember that insurance adjusters are trained to keep you away from lawyers, as knowledge is power in this relationship. They will try to get as much information from you as possible while giving away as little as they can.
Be Cautious About What You Say
Be cautious about the information you provide to the insurance adjuster. Only share details directly relevant to the crash and your claim. Avoid discussing your personal life, schedule, or anything unrelated to the incident. Adjusters are trained to actively listen for anything they can use to create doubt about your injury claim and reduce your total settlement. Even the smallest details, such as mentioning that your treatment is helping and you are starting to feel better, can affect your ability to get full and fair compensation. The adjuster will use your comments about getting better as evidence that your accident injury has healed and that any subsequent decline in your condition is unrelated to the accident.
Do Not Sign Any Medical Authorization Forms
One of the worst things you can do is give medical authorizations to an insurance claims adjuster. Signing a medical authorization gives the insurance agency full access to all your medical records, even those not related to your injury claim. They will use anything they can find in your records to cast doubt on whether the accident was the sole source of your injury and trauma in an attempt to reduce the cost of your settlement.
Do Not Share Details About Your Injuries
Mentioning anything related to your health or injury is a huge risk. Remember that sharing even the smallest detail with the claims adjuster can weaken your claim and decrease your settlement amount.
Do Not Share Details About Your Prior Medical Conditions or Old Injuries
You may have seen your primary care physician or other doctors before the accident for medical conditions that have nothing to do with the car accident. Do not share this information with the claims adjuster. The claims adjuster will use any information you provide about medical treatments you had before the accident to undermine your injury case.
Do Not Agree to a Recorded Statement
Be cautious if the adjuster asks you to give a recorded statement. Always consult a lawyer before agreeing to record any conversation about the accident. Adjusters can use recorded statements to challenge your claim if inconsistencies appear. Politely decline any requests for recorded statements until you can seek legal advice.
Do Not Agree to an Independent Medical Examination (IME)
In most situations, you are only required to agree to an IME if you are making an injury-related claim under your own insurance policy or if you have filed a personal injury lawsuit. IMEs are anything but independent, as the doctors who conduct these examinations are chosen and paid by insurance companies, and they rarely find anything seriously wrong with a claimant.
Ask the Right Questions
Ask the insurance adjuster if they will pay for your medical bills and lost wages as they are incurred. Many companies do so when the blame for the collision rests clearly with their driver. If they won't, this can be a red flag that they intend to dispute these items later.
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What to ask about their motives
When dealing with an insurance adjuster, it's important to remember that they are not your advocate. Their primary objective is to settle claims for the lowest amount possible, ensuring minimal financial impact on the insurance company they represent. With that in mind, here are some things to consider when questioning their motives:
Their Incentives
Ask about the adjuster's incentives and how they are evaluated and compensated by their company. Do they receive bonuses or other incentives for settling claims quickly or for low amounts? Understanding their incentives can provide insight into their motives and tactics during the claims process.
Their Training and Experience
Inquire about the adjuster's training and experience in handling claims. Are they a trained negotiator? How long have they been working as an adjuster, and what types of claims do they typically handle? Understanding their level of expertise can help you assess the strategies they may employ and the potential complexity of your interaction with them.
Their Relationship with the Insurance Company
Question the adjuster about their relationship with the insurance company. How long have they been working for the company, and what is their typical caseload like? Are they handling your claim on behalf of the insurance company directly, or are they an independent adjuster hired specifically for more complex or contentious cases? Understanding their relationship with the insurance company can provide insights into their loyalty and potential biases.
Their Assessment of Your Claim
Ask the adjuster about their initial assessment of your claim. What factors do they consider when evaluating claims? How do they determine fault and liability? What criteria do they use to calculate the value of a claim? Understanding their evaluation process can help you identify any potential biases or strategies they may employ to minimize your settlement.
Their Communication and Interaction Style
Inquire about the adjuster's typical communication and interaction style with claimants. Do they prefer to communicate via phone, email, or in-person meetings? How often do they typically provide updates on the claim's progress? Understanding their communication style can help you manage your interactions with them effectively and ensure you receive timely information about your claim.
Remember, insurance adjusters are trained negotiators who may use tactics to minimize payouts. By questioning them about their motives and processes, you can gain valuable insights into their strategies and better protect your interests during the claims process.
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What to ask about your injuries
When speaking to an insurance adjuster about your injuries, it is important to remember that they are trained to foster a friendly conversation and use your statements against you to reduce the value of your claim. Here are some things to keep in mind and questions to ask when discussing your injuries with an insurance adjuster:
Be Wary of What You Say
Be cautious about what you say regarding your injuries. Avoid making statements about your health or estimating the severity of your injuries. Symptoms may appear later, and you may receive a more serious diagnosis than you initially thought. Do not downplay your injuries by saying something like "I'm fine." An insurance adjuster can easily twist such a response and use it to undervalue your claim.
Decline to Answer Questions About Your Health
You are not obligated to answer questions about your health or injuries. Politely decline to answer and inform the adjuster that your attorney will provide your medical records when appropriate.
Do Not Discuss Pre-Existing Conditions
The adjuster may try to access your entire medical history to claim that you had pre-existing conditions that contributed to your injuries. Do not give them access to your full medical history. Consult a lawyer, who can advise on the necessity and scope of the information requested.
Ask if They Will Pay for Your Medical Bills
Ask the adjuster if they will cover your medical bills and lost wages as they are incurred. If they refuse, this could indicate that they intend to dispute these items later.
Consult a Lawyer
Ask the adjuster if they mind if you consult a lawyer. If they try to convince you not to or appear unhappy about your desire to seek legal advice, this is a red flag that you likely need a lawyer. Insurance adjusters are trained to keep claimants away from lawyers because knowledge is power in this relationship.
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What to ask about their client's assets
When speaking to an insurance adjuster, it is important to remember that they are not your advocate. Their job is to save their company money by denying as many claims as possible. With that in mind, here are some things to ask about your client's assets:
Firstly, ask the insurance adjuster to provide a written statement admitting that the accident was not your client's fault. This is an important first question, and if they refuse, it could be a red flag that they intend to dispute your client's claim.
Next, ask about the insurance coverage of the other party involved in the accident. You are entitled to this information and it will give you a sense of the assets available to cover your client's losses. Ask how much insurance the other driver carried and if there is any “umbrella” insurance coverage applicable to your client's claim.
In addition to insurance coverage, inquire about the assets of the person who caused the accident. This information will help you understand their financial situation and whether they have the means to cover your client's losses outside of insurance.
Furthermore, ask the insurance adjuster if they have conducted any video surveillance of your client. This is important to know as it could impact your client's privacy and may be used as evidence in the case. Request a copy of any surveillance footage to review.
Finally, be cautious of any settlement offers made by the insurance company. They will likely try to settle for as little as possible, so it is important to assess the fairness of any offers made. Consult with your client and carefully consider their losses, including medical expenses, property damage, and pain and suffering, before accepting any settlement.
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Frequently asked questions
If the insurance adjuster does not admit fault, you should cease the conversation and contact an attorney.
It is important to ask the insurance adjuster if they will pay for your car repairs, rental car, and medical bills.
You are entitled to know how much insurance coverage their driver has.
Ask the insurance adjuster for a written statement admitting that the accident was not your fault.