Insurance Adjusters And The Art Of Getting A Call Back

If you've been in a car accident, one of the first things you'll do is contact the at-fault driver's insurance company. The insurance adjuster is the person assigned to your case and will be your contact person during the claims process. However, it is not uncommon for insurance adjusters to be unresponsive and not return your calls. This can be frustrating and stressful, especially if you have pressing needs such as vehicle repairs, alternative transportation, and medical bills. While you may be tempted to wait for their response, there are several strategies you can use to try and get a response.

Be persistent and call frequently to ensure your name is at the top of the adjuster's list

If your insurance adjuster isn't returning your calls, it's likely not personal. Adjusters are often overloaded with cases and are incentivised to slow down the process to reduce the number of claims. This can be incredibly frustrating, especially if you're waiting on a settlement to pay for car repairs, medical bills, or other expenses.

One strategy to get your adjuster to respond is to call frequently—this is known as the "squeaky wheel" or "squeaky wheel gets the grease" strategy. The idea is to make yourself a priority by being at the top of the adjuster's list. It's a numbers game, and persistence can pay off. However, it's important to remain polite and professional when making these calls. Being nice is free and can help your claim get addressed quicker. While it's important to stand up for yourself and not accept inadequate compensation, remaining civil can make the process smoother.

When calling, you can also ask for their supervisor if necessary. Adjusters have busy workloads, and sometimes a polite nudge from a supervisor can help move your case forward.

While it can be frustrating dealing with an unresponsive adjuster, it's important to remember that they are not legally bound by a fixed timeline. They are also not technically breaking any laws by delaying or rejecting your claim. However, by being persistent and calling frequently, you can increase the chances of getting a response and moving your claim forward.

Request a supervisor to help push your claim forward

If your insurance adjuster is not returning your calls, one strategy is to request a supervisor to help push your claim forward. This is a common issue, and there are a few reasons why your adjuster might not be returning your calls.

Firstly, insurance adjusters are often overloaded with claims and are part of a system designed to slow down the claims process to reduce the number of claims paid out. Secondly, insurance companies are incentivized to decrease the value of your claim, and one way they do this is by dragging out the process, hoping that you will accept a lower settlement offer out of desperation. Finally, insurance companies are not legally bound by a fixed timeline to respond to your claim, so they may feel no urgency to return your calls.

If you are having trouble getting a response from your adjuster, you can try calling the insurance company's customer service line and asking for the name and number of your adjuster's manager. Explain your situation to the manager, and they may be able to help expedite your claim. It is important to remain polite and professional when dealing with insurance adjusters and their supervisors, as this may help your claim get addressed more quickly.

Use your own insurance to cover the damage

If you have been in a car accident that was not your fault, you will likely have many pressing issues that need to be addressed promptly, such as vehicle repair or replacement, alternative transportation, and help with medical bills and lost wages. If you purchased "full coverage" insurance for your vehicle, you have the option to use your own insurance to cover the damage.

If you decide to cover the damage using your own insurance, the deductible that you are likely to have will be refunded by the at-fault driver's insurance company. Additionally, your insurance company might waive the deductible upon request, which is a fairly common practice. By using your own insurance carrier to cover the property damages, you can expect better service without having to wait for the other insurance company to call you back.

It is important to note that if you do not have full coverage insurance, you will need to work with the other insurance company to handle your property damage and alternative transportation. In this case, you may have to employ certain strategies, such as frequently calling to put your name at the top of the adjuster's list or requesting a supervisor's intervention, to get a response from the adjuster.

Using your own insurance to cover the damage can be a viable option to expedite the claims process and receive better service. However, it is always recommended to consult with a skilled and knowledgeable personal injury attorney to guide you through the process and ensure your rights are protected.

Hire a personal injury lawyer

If you've been injured in an accident, you may want to hire a personal injury lawyer to help you seek compensation for your injuries. A personal injury lawyer can also protect your best interests against aggressive insurance companies and large corporations who want to avoid paying fair compensation for your injuries and damages.

• Liability for the accident is disputed: Accident victims must prove that the other party's negligence, errors, or wrongdoing caused their injuries. If liability is disputed, a personal injury lawyer can conduct a thorough investigation to determine how your injury occurred and who is responsible.
• You are being blamed for contributing to the accident: The other party's insurance company might accept liability but claim that you contributed to the cause of the accident. A personal injury lawyer can help fight these unfounded allegations.
• Multiple parties are involved: When multiple parties are involved in a personal injury case, it can be more prolonged, complicated, and challenging. A personal injury lawyer has the experience necessary to deal with the additional issues raised in such cases.
• You have sustained a traumatic injury or permanent disability: Personal injury cases involving traumatic injuries and permanent disabilities may require ongoing medical care and incur future damages. A personal injury lawyer can help retain medical, financial, and economic experts to assist in placing a value on your future damages and ensure you receive maximum compensation.
• The insurance company is acting in bad faith: Insurance companies may try to drag out your claim so that the statute of limitations expires, or they may engage in other bad faith practices such as failing to investigate a claim, requiring unnecessary paperwork, or misrepresenting the terms of the insurance policy. A personal injury lawyer can help negotiate a fair settlement and proceed with a personal injury lawsuit if necessary.
• The claim involves a government entity: Suing the government for a personal injury claim is much more complicated than a typical injury claim. There are shorter deadlines for filing a claim against the government, and governments are protected from liability in many cases. A personal injury lawyer can help navigate the complexities of suing a government entity.

It is important to note that you should hire a personal injury lawyer as soon as possible after an accident. Discussions with insurance carriers, avoiding medical malpractice statute of limitation issues, and gathering evidence are all time-sensitive matters that a personal injury lawyer can assist with. Additionally, personal injury lawyers typically work on a contingency basis, meaning you only pay them if they recover money for your claim.

File a personal injury lawsuit

If you've been injured in an accident, you may want to file a personal injury lawsuit to recover financial compensation for the losses you've suffered due to the accident. Here's a step-by-step guide on how to do this:

Step 1: Understand the Basics of a Personal Injury Lawsuit

Know that a personal injury lawsuit is filed in court by someone who has suffered an injury due to someone else's fault. The injured person (the plaintiff) files the lawsuit against the at-fault person (the defendant). The lawsuit asks the court to decide that the defendant is liable for the plaintiff's injuries and to determine the compensation the defendant should pay.

Step 2: Seek Medical Attention

Even if your injuries seem minor, get checked by a doctor. If your injuries are serious, accept treatment from emergency medical personnel and go to the hospital if necessary.

Step 3: Gather Evidence and Information

Take pictures and videos of the accident scene, your injuries, and any vehicles or equipment involved. Get the names and contact information of witnesses. If it's a car accident, get the name and insurance information of the at-fault party, and take pictures of their license and insurance card.

Step 4: Preserve Evidence and Document Your Injuries

Obtain and keep medical records of your treatment and ongoing care. Keep a journal to record how you were hurt, your injuries, treatment, recovery, pain levels, activities you can or cannot do, and how your injuries affect your mental state.

Step 5: Consult an Attorney

Consider consulting an experienced personal injury attorney, especially if the accident was serious or you are unsure of what to do. An attorney can guide you through the legal process, help you file a lawsuit, negotiate a settlement, and represent you in court if needed. Most personal injury lawyers offer free initial consultations.

Step 6: Identify the Legally Responsible Parties

Determine who to sue by identifying all persons, businesses, or government bodies that you believe are responsible for your injuries. In most cases, you would sue the at-fault driver in a car accident, the property owner in a slip and fall case, the dog owner in a dog bite case, or the doctor/healthcare provider in a medical malpractice case.

Step 7: Understand Personal Injury Laws and Deadlines

Learn about personal injury laws, including basic personal injury law concepts, your state's specific laws, and statutes of limitations. Each state has deadlines, called statutes of limitations, for filing personal injury lawsuits, usually within one to six years from the date of the injury or its discovery.

Step 8: Prepare and File the Complaint and Summons

The complaint is a formal legal document outlining your allegations against the defendant and the damages sought. The summons is a document notifying the defendant of the lawsuit and requiring their response within a specified time. Check your state's rules of civil procedure for the specific requirements and content of these documents.

Step 9: Serve the Defendant

Have the complaint and summons served on the defendant by hiring a process server, or using a sheriff or court official. Make sure to follow the rules and deadlines for serving the defendant properly, usually within 30 to 60 days after filing the complaint.

Step 10: Await the Defendant's Response

After filing the complaint, the defendant will likely file a response, either denying the allegations or admitting to some of them, and including their defenses.

Step 11: Begin the Discovery Process

Both sides will exchange documents and information, including witness statements, medical records, and financial documents. This process can be lengthy, sometimes lasting up to a year or more, depending on the case's complexity.

Step 12: Attempt Settlement or Proceed to Trial

During and after the discovery phase, both sides will attempt to negotiate a settlement. If a settlement cannot be reached, the case will go to trial, where each party will present evidence and arguments to the court. Remember that most personal injury cases settle out of court, and you can withdraw the lawsuit at any time before or during the trial.

Frequently asked questions