Talking to an Insurance Claims Adjuster? Read This First
Contacting the insurance company after an accident starts a claim for property damage and any injuries sustained. It is best to make this call as soon as possible after the crash. Most insurance policies require prompt notification, often within 24 or 72 hours. Coverage could be denied if the deadline is missed. Besides, it is a good idea to get a claim started as soon as possible to speed up the compensation process, especially if there are significant injuries.
Even though we advise drivers to collect the other driver’s personal and insurance information after an accident, that does not mean they should call the at-fault driver’s insurance company. The only insurance company they need to contact is their own. Although victims have to discuss the accident with their own insurance company, they are not required to talk to the other driver’s claims adjuster when they call. Instead, the victim can ask to have a representative speak on their behalf. This can be the victim’s own insurance adjuster or a personal injury attorney.
The Claims Adjuster’s Goal
Having a lawyer speak to the at-fault driver’s claims adjuster for you is always a good idea. This is because insurance adjusters are highly skilled at finding ways to pay out the bare minimum for claims, often far less than what they’re worth.
Insurance adjusters are trained to find ways to minimize or avoid paying certain expenses. They also learn negotiation tactics and may convince a victim that a low settlement is the best they can do. A skilled personal injury attorney can go up against the best negotiator and get what a claim is really worth.
Claims adjusters are also taught to spot red flags that indicate insurance fraud. While this is understandable, it can also end up working against legitimate accident claims.
For example, adjusters may claim that inconsistencies in a victim’s story mean they are lying. In reality, there could be a good explanation: After experiencing the trauma of an accident, it may take some time for them to remember some details or the sequence of events clearly, especially if there was a brain injury.
Adjusters are always on the lookout for people who stage fake accidents or exaggerate damages. A history of past accidents, missing documentation, or the unusual circumstances of a crash could look suspicious even if the victim is completely innocent. An attorney will know how to prove the facts of the case, determine who was at fault, and get their client appropriate compensation.
In a typical accident or fender bender, both parties stop, check to see if the other is okay, and trade insurance information. But in a hit-and-run accident, the other driver flees and you have no idea who they are. If you don’t have access to the at-fault driver’s insurance details, how are you supposed to pay for your injuries or damages to your vehicle?
Can you make a claim against your own policy? Most likely, the answer is yes. But whether it will cover all of yout costs depends what kind of coverage you have, and what type of damages have been done. We will go over a few scenarios and discuss how you can seek compensation, and why it’s important to have a knowledgeable hit and run attorney on your side.
Watch For These Insurance Adjuster Techniques
It is important to remember that while claims adjusters might be compassionate and understanding, their loyalty is to the insurance company. When speaking with them, victims must be very careful not to say anything that could hurt their case.
They may use intimidation or ask leading questions to try to trip up victims. When talking to a claims adjuster, be alert for the following tactics that might be used to deny or minimize the amount of an insurance settlement:
- Blaming the victim for causing or contributing to the accident.
- Downplaying the severity of the crash or injuries.
- Asking to record the conversation.
- Trying to link injuries to pre-existing conditions rather than the accident.
- Using complex language or industry lingo to confuse the victim.
- Underestimating the time it should take the victim to get back to work.
- Creating false urgency by threatening to take all offers off the table if a settlement offer isn’t accepted.
- Stalling by claiming they need additional information or to check with a supervisor.
- Telling victims they don’t need an attorney, or that it’s a bad idea to hire one.
Tips For Talking to a Claims Adjuster
If you speak to an adjuster alone, be ready for the techniques mentioned above. The following strategies can help you avoid being caught off guard and saying something that will harm your case.
- Stick to the basic facts of the incident and only answer what is asked.
- Ask for explanations and clarification of anything you don’t understand.
- Don’t exaggerate the accident or the extent of your injuries.
- Don’t downplay the accident or injuries. An offhand comment such as “I’m feeling okay” could be interpreted to mean your injury isn’t serious.
- Don’t speculate about the accident or the other driver. “He must have been drunk,” and “I don’t think she saw me,” are assumptions, not facts.
- Don’t apologize, as it could be taken as an admission of guilt.
- Do not agree to a recorded interview without legal representation present.
- Know the full extent of your injuries and their cost. For example, what is thought to be just a sprain could actually be a fracture requiring X-rays, a cast, pain meds, physical therapy, or even surgery.
- Don’t accept the first settlement offer or any amount that does not include full compensation.
- Remember that it is your right to have a representative speak on your behalf.
Let Your Attorney Talk to the Insurance Adjuster
All of these are important, but our number one tip for talking to the at-fault driver’s claims adjuster is to do it with a personal injury attorney like Hipskind & McAninch by your side. Even your own insurance adjuster will be looking for ways to lower the payout, so having an attorney do the negotiating is a good idea.
It is easy to get flustered and say the wrong thing to an insurance adjuster. The adjuster knows this and may use it to their advantage. A simple comment made during a time of stress or confusion can be taken out of context or used later as a reason not to pay a personal injury claim. It is your right to contact an attorney. They can speak for you and negotiate with the adjuster to get you the settlement you deserve.
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