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Insurance adjusters play a critical role in the outcome of personal injury and property damage cases. While many insurance adjusters work hard to review all relevant details and arrive at a fair conclusion, others may use unethical tactics.
You can help safeguard against these bad-faith tactics by eliciting a bit of fear in your insurance adjuster. You can achieve this goal with knowledge, a strategic plan, plenty of persistence, and an experienced lawyer.
Here’s your updated step-by-step guide for 2024 on how to ensure your insurance adjuster offers a fair settlement. For specific advice regarding your personal injury claim or property damage insurance claim, reach out to an experienced personal injury attorney near you right away.
The path to eliciting fear in an insurance adjuster begins with knowing exactly how they operate. Before you map out a plan, take a few minutes to understand the important role an insurance claims adjuster plays in settling your claim.
The primary role of an insurance adjuster is to examine personal injury or property damage claims to help determine how much an insurance company should pay the claimant for their loss. Also known as claims adjusters, most insurance adjusters may work for insurance companies. Others may work independently as external contractors who are hired to review claim liability.
Key responsibilities of claims adjusters include:
At the end of the day, an insurance adjuster's primary goal is to minimize the amount of compensation delivered by the insurance company. Their secondary goal is to settle claims as quickly as possible. Thus, it is not uncommon for insurance adjusters to offer a lowball payment quickly.
While you may be tempted to take the offer, remember you have the right to reject their offer and request a settlement you feel is fair.
Now that you know how insurance adjusters operate, it's time to dive a bit deeper and look at some of the tactics they may use to minimize settlement offers.
The techniques and tricks below are used to irritate claimants and increase the likelihood they will accept a reduced settlement:
Keeping these strategies in mind, you can anticipate what may lie ahead for you as you communicate with your insurance adjuster. And you can now take action to ensure you receive proper compensation for your damages and injuries.
Sometimes, a claimant's silence is one of the most effective ways to induce fear or nervousness. This may seem counterintuitive at first. But remember one of the goals of an insurance adjuster is to settle claims quickly. So, when they issue a settlement offer and you don't respond quickly, they may begin to worry that you will reject their offer.
There is another reason why a lack of responsiveness might be concerning to adjusters. They may worry that you need more extensive treatment that could prove to be costly for the insurance company in the long term. On the other hand, if you accept an offer quickly, you will not be able to pursue additional compensation if medical treatment needs surface in the future.
When you reject a settlement offer in writing, you send a message to the insurance company that you intend to fight for a fair settlement. You can scare insurance adjusters by countering with the amount you will accept.
To show that you mean business, work with a personal injury attorney throughout the insurance claim process. A lawyer can write a letter that:
In addition to unnerving an adjuster, a letter from a lawyer is nearly always more effective than a letter from a non-legal professional. Plus, the insurance adjuster knows they are behind the eight ball if you hired a lawyer with a proven track record of success negotiating favorable settlements from insurance companies.
No two accident victims will have the same injuries or recover the same way. While victims with minor injuries may fully recover in a few days or a few weeks, a person with more serious injuries may take a longer time to heal. In some isolated cases, accident victims may suffer long-term physical and psychological effects that last for years.
In most cases, longer courses of treatment are more costly, resulting in a higher claim. For this reason, insurance adjusters will often issue a swift settlement offer to avoid a substantially higher claim if the settlement is delayed until all treatment expenses are considered.
If an insurance adjuster tries to convince you that additional treatment is not necessary, it's okay to firmly state that you prefer to follow the medical guidance of your primary care doctor and healthcare recovery team.
You can put an insurance adjuster on edge by proactively letting them know you intend to wait until you are fully healed to settle your claim. Most adjusters will not expect this, and it will show them you have a good working knowledge of the variables to be considered in a fair settlement offer. You can go ahead and file your claim, but just remember not to rush into a settlement.
Reporting an insurance adjuster for unethical or unprofessional behavior is almost guaranteed to elicit fear. Some adjusters have a history of bullying claimants or using unethical tactics to coax them or intimidate them into accepting a lowball offer.
These tactics are more serious than those referenced in Step Two, as they may involve deception or coercion.
Here are a few examples of when insurance adjusters may not be acting in good faith:
If you or a loved one has been on the receiving end of an insurance adjuster's dishonest or fraudulent behavior, you should notify their employer that you wish to claim bad faith. The best way to do this is to draft a letter that outlines your claim of bad faith. You can also file a claim with your state.
When drafting your letter, be sure to reference the adjuster's name and specific conduct or behavior that constituted the bad faith. If your claims are substantiated, the insurance company could be liable for delivering compensation above the original amount associated with your injuries.
Sometimes, knowing what not to do is just as important as taking the right steps with an insurance adjuster. Here are five things you should avoid doing at all costs when communicating with an insurance adjuster.
Insurance adjusters are looking for ways to prove the insurance company should not be held liable for your damages. Even if you think there is a chance you might be at fault, do not discuss these feelings over the phone or in writing. An official investigation may determine fault, and you could jeopardize your chances of securing compensation if you state that you are at fault for an accident.
Even if your anger may be justified, it is rarely in your best interests to lose your cool. If you receive a ridiculously low settlement offer and feel angry, do not call your insurance company to yell, scream, or curse. Wait until you are calm before you communicate further with anyone affiliated with your claim. Better yet, leave communication with insurers to your attorney and let them deal with the insurance company so you don't inadvertently do something that jeopardizes your chances of obtaining compensation.
Scaring an insurance adjuster with legitimate tactics is one thing. However, you should never threaten to harm an insurance adjuster or any employee of an insurance company. You should also refrain from harassing behavior or verbally abusive comments, as your words could be used against you in the future.
“Sorry” can be the single most damaging word you could utter if you are working with an insurance adjuster. Even if you are not directly referring to an accident, saying you are sorry could lead the insurance adjuster to interpret your apology as an indication that you feel responsible for the accident and any related injuries.
When you receive an offer from your insurance company, you may be tempted to accept the offer for a variety of reasons.
For instance, you might be short on cash or worry you may not receive a better offer. Your concerns might be exacerbated if you have waited a long time for the compensation you deserve. Don't let your impatience get the best of you and convince you to accept a lowball settlement. You could shortchange yourself by hundreds of thousands of dollars.
The single most effective way to scare an insurance adjuster is to hire an experienced personal injury lawyer. With an accomplished lawyer fighting for your rights, you can focus on returning to your routine while a skilled legal professional handles all communications with the insurance adjuster.
Here are the benefits of hiring a lawyer to handle your personal injury case:
When you work with a legal team, you can enjoy peace of mind knowing they work tirelessly to help you secure the compensation you deserve.
In a personal injury claim, the types of compensation you may be eligible to receive depend on the specific circumstances of your case and the nature of your injuries. Here are common types of compensation that can be pursued in a personal injury claim:
The availability and amount of compensation can vary based on factors such as the severity of your injuries, liability, insurance coverage limits, and applicable laws in your jurisdiction. Consulting a personal injury attorney is crucial to understanding the specific types and amounts of compensation you may be entitled to based on the details of your case.
As soon as possible after your accident, you need to consult a personal injury lawyer in your area. An attorney understands how insurance adjusters operate, and they can deal with the adjuster and the insurance company so you don't have to worry about it. A lawyer will know how to hold an insurance adjuster accountable and can negotiate to help you receive fair compensation. An attorney can also file a lawsuit on your behalf and represent you in court if the insurer acts in bad faith or unfairly denies your valid insurance claim.
The experienced personal injury attorneys at Stewart J. Guss Injury Lawyers are here to help you deal with the insurance adjuster and navigate the complex insurance claims process. We are ready to fight hard to protect your rights and improve your odds of obtaining the maximum personal injury settlement possible. Contact us today for a free consultation.
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24 hours a day, 7 Days a Week
Dedicated Trust Guss Intake Team