Paul Sanchez
Dealing with insurance adjusters can be a tricky business. It is important to remember that insurance adjusters are not on your side. They work for the insurance company and are trained to minimise the amount of money paid out to claimants.
Here are some tips on how to deal with insurance adjusters:
- Understand their goals — Remember that insurance adjusters are representatives of their employer, not you. Their job is to protect the insurance company's bottom line, not your best interests.
- Never admit fault — It is not your job to determine who was to blame for the crash. Leave this to your attorney. Insurance adjusters may try to get you to accept partial blame to reduce their settlement offer.
- Avoid giving a recorded statement — You are under no obligation to give a recorded statement to an insurance adjuster. They are likely looking for things to use against you to reduce their settlement offer or deny your claim. Consult with an attorney before agreeing to give a statement.
- Be wary of quick settlement offers — When fault for an accident is not in dispute, insurance adjusters may try to make a low settlement offer before you realise the true value of your damages. Be sceptical of such offers and don't accept less than you deserve.
- Don't sign a release for your medical records — Insurance adjusters often want access to your medical records following an accident. While they have the right to review relevant records, they may make overly broad requests to dig for pre-existing conditions to deny certain treatments. Don't sign a release without having it reviewed by an attorney.
- Hire an attorney — Working through a lawyer is the best way to protect your legal rights and financial interests. A skilled attorney can negotiate with insurance adjusters on your behalf and help you secure a fair settlement.
| Characteristics | Values |
|---|---|
| Be careful what you say | The insurance adjuster doesn't work for you, they work for the insurance company. They might try to twist your words or embellish what you meant. |
| Understand the insurance adjuster's goals | Remember that the insurance adjuster is a representative of their employer and their job is to look out for the insurance company's bottom line, not to protect your best interests. |
| Recorded statement | You are not obligated to give a recorded statement. Avoid giving one as the insurance adjuster is looking for things to use against you to reduce your settlement offer or deny your claim. |
| Quick settlement offer | Be skeptical of quick settlement offers. The insurance adjuster might try to make a low settlement offer before you realize the true value of your damages. |
| Medical records | You don't have to sign a release for your medical records. Insurance adjusters might try to dig through your medical record to find any reason to deny certain treatments as a 'pre-existing' condition. |
| Evidence | Preserve all the evidence that you can while it's still available. Evidence is extremely perishable. |
| Negotiation | Negotiate with the insurance adjuster and illustrate the circumstances of the accident. Outline your expenses and what you expect your total demand to be. |
What You'll Learn
Be concise and truthful
When speaking to an insurance adjuster, it is important to be concise and truthful. Here are some tips to keep in mind:
Understand the Adjuster's Role
The insurance adjuster's main priorities are to prevent insurance fraud, settle claims quickly, and for a low amount. They are not on your side and will use your words against you to devalue your case. Their goal is to limit their client's financial liability. Therefore, it is crucial that you have a good understanding of your case and can provide concise and truthful information.
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 provide information about your employment, but you are not obligated to disclose anything beyond that. Be concise and avoid providing unnecessary details.
Avoid Discussing the Accident or Your Injuries in Detail
Do not give a detailed description of the accident or your injuries. Stick to providing general information and do not admit fault or speculate about what happened. Politely refuse to discuss the specifics and inform them that your investigation is ongoing. Be concise and avoid providing any information that could be used against you.
Do Not Sign Anything or Give a Recorded Statement
You are not legally obligated to give a recorded statement or sign any documents. Insurance adjusters may pressure you to do so, but it is in your best interest to refuse politely. Signing documents or giving a recorded statement can compromise your position and limit your ability to receive full compensation.
Seek Legal Representation
Consider consulting with a personal injury attorney who can guide you through the process and protect your interests. An attorney can help you navigate the complex claims process and ensure you do not inadvertently share information that could damage your claim. They can also assist in negotiating with the insurance adjuster and insurance company on your behalf.
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Avoid admitting fault
Admitting fault after an accident can reduce your chances of receiving fair compensation. Here are some tips to avoid admitting fault:
Avoid polite apologies
Even if the accident seems minor, avoid apologising or saying sorry. Apologies can be seen as an admission of fault and may weaken your case. It is best to remain calm and not discuss fault with anyone at the scene.
Be truthful but concise when speaking to the police
When speaking to the police, provide only the objective details of the accident. Do not lie, but also avoid speculating or providing more information than necessary. Stick to the facts and avoid making assumptions or guessing what happened. Give a clear and concise statement about what you know happened.
Do not talk to insurance adjusters without a lawyer present
Insurance adjusters are trained to minimise the amount of money paid out by the insurance company. They may try to pressure you into accepting a lower settlement or admitting fault. It is important to have a lawyer present during any discussions with insurance adjusters to protect your interests.
Hire an experienced car accident attorney right away
An experienced car accident attorney can guide you through the claims process and protect your rights. They can communicate with insurance adjusters on your behalf and help you navigate any tricky questions or tactics they may use.
Remember, it is not your job to determine who was at fault for the accident. Let your attorney handle that issue and focus on gathering evidence and documenting the facts of the case.
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Don't give a recorded statement
It is highly recommended that you avoid giving a recorded statement to an insurance adjuster after an accident. While it may seem harmless, a recorded statement can be used against you to reduce your settlement offer or deny your claim. Insurance adjusters are trained to use manipulative tactics and will try to get you to say things that will hurt your claim. For example, if you say you are "fine" when asked how you are doing, this can be used to deny benefits for any injuries that may appear later.
You are not legally required to provide a recorded statement to an insurance company, and it is in your best interest to delay the call if you are feeling overwhelmed or are in pain. Instead, consult with a trusted car accident attorney who can handle communications with the insurance adjuster on your behalf.
If you do choose to give a recorded statement, be careful about what you say. Stick to the facts and avoid making any comments about your own fault or accepting the first offer. Also, be aware that insurance adjusters may try to pressure you into giving a recorded statement by claiming it is necessary for processing your claim. This is not true, and you have the right to refuse.
Remember, the insurance adjuster is not your friend. Their job is to save the company money, so don't let your guard down. Review your policy to understand your obligations and seek legal advice if you are unsure about what to do.
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Be wary of quick settlement offers
When dealing with insurance adjusters, it is important to be wary of quick settlement offers. Here are some reasons why:
Protect Yourself and Your Interests
The insurance adjuster is not your friend, and their goal is to protect the insurance company's bottom line, not your interests. They are trained negotiators who may use tactics to pressure you into accepting a low settlement offer. It is important to remember that you are not obligated to accept the initial settlement offer and that you have the right to negotiate for a higher amount.
Understand the Long-Term Impact of Your Injuries
Before accepting any settlement offer, it is crucial to fully understand the long-term impact of your injuries on your life. Will your injuries worsen over time? Will you require mobility aids or have to change jobs? Discussing these questions with a lawyer can help you determine if the settlement offer adequately compensates you for your current and future losses.
Seek Legal Advice
It is always advisable to consult with a personal injury lawyer before accepting any settlement offer. A lawyer can assess whether the offer is fair and help you negotiate a higher amount if necessary. They can also guide you through the complex claims process and ensure your rights are protected.
Don't Sign a Release Form Too Quickly
Once you sign a release form, you typically cannot go back and ask for more money, even if your injuries worsen or additional injuries are diagnosed. Take your time to understand the full extent of your injuries and the impact they will have on your life before signing anything.
Be Aware of Tactics Used by Insurance Companies
Insurance companies may use various tactics to delay, reduce, or minimize settlement amounts. They may offer a quick settlement in the hope that you will accept an amount that is less than the fair value of your claim. They may also pressure you to give a recorded statement or sign medical authorizations that allow them to access your personal or medical information, which they can then use against you. It is important to be cautious and seek legal advice before agreeing to any requests from the insurance company.
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Consult a lawyer
After a car accident, you may be in shock and unsure of what to do next. It is important to remember that you have the right to seek legal counsel at any time, and consulting a lawyer can help protect your rights and ensure you receive fair compensation. Here are some reasons why consulting a lawyer after a car accident is beneficial:
- Legal Expertise and Experience: Car accident attorneys have the legal knowledge and experience to navigate the complex process of filing insurance claims and personal injury lawsuits. They understand traffic laws, insurance laws, and negotiation strategies, which can be invaluable when dealing with insurance companies.
- Protection from Insurance Companies: Insurance adjusters work for the insurance company and may use tactics to minimize payouts. A lawyer can handle all communication with the insurance company, protect your interests, and ensure you don't inadvertently say something that could be used against you.
- Evidence Gathering and Investigation: Lawyers can help gather crucial evidence, such as police reports, witness statements, medical records, and surveillance footage, to establish fault and build a strong case. They can also work with accident reconstruction specialists to analyze the scene and determine liability.
- Determining Fault and Liability: Establishing fault is crucial in car accident cases. Lawyers can investigate the accident, review evidence, and identify all liable parties to ensure you receive compensation from the at-fault party.
- Calculating Damages: Lawyers can help you understand the full extent of your damages, including medical expenses, property damage, lost wages, pain and suffering, and future expected costs. They can accurately assess and document your damages to maximize your compensation.
- Dealing with Insurance Companies: Insurance companies may try to pressure you into accepting a low settlement or deny your claim. Lawyers are skilled negotiators who can communicate and negotiate with insurance companies on your behalf, helping you navigate the claims process and secure a fair settlement.
- No Upfront Costs: Most car accident lawyers work on a contingency basis, which means you don't pay any legal fees unless they successfully recover compensation for you. This allows you to focus on your recovery without worrying about upfront legal expenses.
- Peace of Mind: Consulting a lawyer can provide you with peace of mind and guidance during a stressful time. They can answer your questions, explain the legal process, and ensure your rights are protected.
Remember that time is of the essence after a car accident. Evidence may be lost, and there are often time limits for filing claims. Consult a lawyer as soon as possible to improve your chances of a favourable outcome.
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Frequently asked questions
No, you are not required to sign a medical release form. Insurance companies may ask for records for an extended period and use them to deny or reduce your claim by finding pre-existing conditions. Consult an attorney before signing such a release.
Be firm and concise. Provide only the necessary information, such as your name, address, and phone number. Do not give details about your injuries or diagnosis, and do not admit fault or offer opinions about who was at fault.
No, you are not required to give a recorded statement to the other party's insurance company. They may use anything you say against you. If you must give a statement, do not allow them to record it.
No, be sceptical of quick settlement offers. Insurance adjusters may try to settle quickly before you realise the true value of your damages. Do not accept a penny less than you deserve.
