A harsh reality is that an insurance claims adjuster’s job is to pay out as little money as possible to the accident victim or their family. This article provides helpful tips to help you deal with an insurance adjuster after a car or truck accident.
Most people suffering injuries from a car accident assume that when they follow the process, they will receive a fair and timely settlement for injuries resulting from the auto accident. Yet claims adjuster delays are common and most large auto insurance companies employ delay tactics that easily push claims beyond the beyond your state's statute of limitations.
An adjuster will try to talk to you shortly after the accident when you may still be in shock and not able to think clearly about protecting your own legal rights. If you or a loved one was involved in a car or truck accident, communication with your insurance company’s representative or claims adjuster is crucial in maximizin
g any compensation you may receive for your injuries.
Here are a few tips to help you deal with an insurance adjuster:
1) Never give a statement to anyone without contacting an auto accident attorney first.
Never give a statement, recorded, or otherwise, to anyone, including your own insurance company, without contacting an attorney first. Often, these examinations under oath (EUOs) are used by experienced defense lawyers to take advantage of an injured person who does not have a lawyer. In this situation, questions are asked and topics explored that have no importance or relevance to the claimed areas of investigation. The only true reason for the interviews is to lessen later exposure in a lawsuit. Because EUOs are recorded and under oath, they can be used against you in your car accident lawsuit.
2) Never sign any document without consulting a lawyer.
Many victims rush into signing adjusters’ documents without having the language reviewed by an auto accident lawyer, believing these are just basic verifications of the accident. Therefore, they may lose their right to sue a negligent driver for accident-related injuries. Even vehicle damage releases can contain unrelated language that can jeopardize your other claims. Simply tell the adjuster that you need to review the paperwork with your attorney and will get back to them with your response.
3) Take detailed notes of every conversation.
Record names, dates, times and details of all conversations with your adjuster to protect yourself. If you are too injured to do this, have a friend or family member sit in on the call to take down the information. This information will be valuable for an attorney to understand what communication you’ve had thus far with your insurance company.
4) Do NOT accept the adjuster’s first settlement offer.
These initial offers are always much lower than the actual value of your case. Auto insurance claims adjusters have the power to settle car accident claims, but it is rare that the adjuster and a car accident lawyer will agree on the initial car accident settlement offer. Imagine you just suffered devastating injuries from a car accident and are now recuperating at home, in pain, and worrying about how you are going to pay your bills. An insurance agent knocks on your door with a check for $100,000 for your accident. With the emotional and physical trauma following a car crash, a large amount of money sounds great, and some victims rush into accepting the first settlement offer. Yet determining the value of an auto accident case goes far beyond a simple calculation. Offering to settle is essentially a backdoor approach by insurance companies to save litigation costs at the expense of an accident victim’s right to a full recovery.
5) Remain composed at all times during the conversation.
Given the emotional stress and uncertainty of your situation, you may be distraught and nervous after an accident. Yet yelling, insulting or accusing a claims adjuster of something may hurt your credibility. Staying calm will ensure that you do not say anything that will put you at a disadvantage during a trial or the settlement process.
Whether your injuries are minor or severe, there is no question that auto accident victims and their families undergo tremendous emotional and financial strain in the aftermath of a car crash. No matter how desperate you may feel after suffering the financial burden of medical bills, lost wages and disabling pain, involving an auto accident attorney will ensure your rights are protected. Keep in mind that the claims adjuster works for the insurance company, and has its best interest in mind – not the injured victim.
