Claim adjusters, also known as insurance adjusters, are insurance company representatives who investigate, evaluate, and settle claims. They’ll usually call an injured person following an accident, such as a car crash. They may ask questions about the accident and eventually make a settlement offer.
Accident victims should be very careful when talking to insurance adjusters. Since claim adjusters represent the insurance company rather than the injured person, they’ll usually try to bring the settlement down as much as possible. It’s safer to refer all communication from adjusters to a car accident lawyer.
What Do Claim Adjusters Do?
Claim adjusters work on behalf of insurance companies. They investigate accident cases to determine whether the insurer is liable and how much an insurance claim is worth. An insurance adjuster’s responsibilities may include:
- Examining whether the victim’s policy provides coverage for their losses
- Investigating the claimant’s insurance history
- Looking into available evidence like police reports, medical records, proof of wages, and records of property damage
- Interviewing witnesses and sometimes consulting other industry professionals
- Valuating a case based on medical bills, estimated loss of income, and pain and suffering
- Offering the injured person a settlement and negotiating with the accident victim and/or their lawyer if they reject the initial offer
Accident victims can expect to work with one claim adjuster throughout the duration of their claim. This person will be their point of contact when providing details about the claim and asking for updates.
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Insurance Adjusters Aren’t on the Victim’s Side
Claim adjusters aren’t inherently bad or unethical. However, whether the adjuster represents the at-fault party’s insurance company or the accident victim’s insurer, their loyalty lies with the insurance company.
A claim adjuster has one main job: settling a personal injury claim as quickly and for as little as possible. Some claim adjusters may use underhanded tactics such as:
- Blaming the victim for the accident
- Denying liability even though the victim’s policy should provide coverage
- Dismissing non-economic damages like pain and suffering
- Severely misrepresenting the approximate value of the victim’s claim
Often, accident victims are unfamiliar with the claims process, as they have never submitted an insurance claim before. They may fail to recognize when a claim adjuster is acting out of bad faith or undervaluing the claim.
How To Talk to Claim Adjusters
A call from a claim adjuster can take an accident victim by surprise. Adjusters will usually sound very professional and empathetic. They may say they’re only calling to “clarify a few details” or throw all their authority into convincing the injured person they can’t expect more than a small settlement.
The following tactics will help accident victims protect their interests when talking to claim adjusters.
Saying as Little as Possible
Generally, the less an injured person says to an insurance adjuster, the better. Even a trivial statement like “I’m OK” can serve as a basis for denying the severity of the victim’s injuries. Accident victims should never say anything that could mean admitting fault.
Keeping Medical Information Private
A claim adjuster may ask for access to the victim’s medical records. While this may be a standard part of the claim process, adjusters may also use the injured person’s records to uncover a preexisting condition and reduce the value of their claim. It’s always advisable to consult a personal injury lawyer before allowing an adjuster to view medical records.
No Recorded Statements
Claim adjusters may also ask the injured person to give a recorded statement. Agreeing to this is usually a bad idea. Insurance companies can, and often will, use the victim’s statement against them. They may look for inconsistencies or try to manipulate the injured person into saying something that could hurt their case.
No Rushed Settlements
An unscrupulous adjuster may exploit the accident victim’s vulnerability to pressure them into a fast settlement. These settlements typically cover only a fraction of the victim’s eligible losses. Once the claimant accepts a settlement offer, they forfeit the right to additional compensation.
It’s critical to consult a lawyer before agreeing to any settlement. A personal injury lawyer can give the accident victim a clearer picture of how much their case is worth.
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Why It’s Better To Let a Lawyer Handle a Personal Injury Claim
Many people hesitate to hire lawyers because of potentially high fees. However, personal injury lawyers usually work on a contingency basis rather than ask for upfront payments. Reputable attorneys will only handle claims that they believe they can successfully settle.
With an assertive lawyer on their side, accident victims have a much better chance of negotiating a fair settlement. Lawyers know how to evaluate a case correctly and won’t fall for bad-faith tactics by claim adjusters.
Moreover, the insurance company will often limit an individual adjuster’s authority on the highest settlement amount they can offer, irrespective of the victim’s policy. Claimants who self-represent will often have their claim delegated to an adjuster with low authority. Claims represented by an attorney will usually go to an adjuster who can make a better offer.
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What If Negotiations Fail?
The typical insurance claim ends with a compromise between the claimant and the insurance company. However, sometimes settlement negotiations fall through, either because the insurer denies any responsibility or because the claim adjuster’s final offer is far below the victim’s losses.
The accident victim’s lawyer can help them take legal action in this situation. They’ll let their client know whether they will likely win a lawsuit against the insurance company. The attorney will handle legal filing on behalf of the plaintiff, represent their interests throughout the court process, and stand up for them at trial if the case doesn’t settle sooner.
About the Company
Accident Hotline is a nationwide platform where accident victims can quickly and easily find a lawyer who suits their needs. Tap into Accident Hotline’s network of legal professionals who know how to handle communication with claim adjusters and advocate for accident victims’ rights.
Call (888) 340-7454 or complete the form on the Contact Us page for a free consultation.
For a free consultation, call 888-340-7454