If you've been in an accident, you are probably trying to ensure that your property damage and medical bills are paid by the insurance company. Well, to do this you will need to work with the adjuster - which can be more difficult than you realize.
After an injury accident, you'll need to file a claim with at-fault driver's insurance company. Sometimes, this person will be very helpful and work with you to get all your bills paid quickly. More likely, however, you will have to deal with an adjuster who does not want to offer you a fair settlement, who delays making any payments, and with whom communication can be difficult. Each adjuster is different, but we've heard many stories about adjusters that are just appalling - from adjusters who showed up at the hospital after a surgery to get a release signed, to adjusters who delay a case so long the statute of limitations runs out!
Here's the answers to the questions you've probably been wanting to ask a personal injury attorney:
1) Will the insurance company's adjuster make me a fair offer on my case?
Every case is different, so we cannot guarantee an answer one way or the other, but generally the adjuster will make an offer that is below the value of the claim, that will not cover all the necessary property damage, medical bills, and pain and suffering. Usually, they will try to make injury victims sign releases before the extent of the injuries are known so that any further treatments will not be covered by their company. We suggest waiting until most of your medical treatments are complete before trying to settle (with the caveat, of course, that in Oregon you only have two years to file a personal injury case).
2) Why won't he or she make a fair offer on my case?
Well, the insurance adjuster's job is to save the insurance company money. If, by offering low settlements to all their claimants, they can save money, they can impress their bosses. It's important to keep in mind that adjusters need to settle claims as quickly as possible for the least amount of money possible - they are not on your side, they work for the insurance company!!
3) What should I tell the adjuster?
As little as possible. The truth. Both of these answers are correct, but actually the most important thing to remember is that you should never, ever give a recorded statement to the other person's insurance company. You may have to give a statement to your own insurance, but giving it to the at-fault driver's insurance is always a bad idea. It is pretty much only used to prove you wrong in court.
4) What will the insurance adjuster do?
Insurance adjusters have a lot of little tricks they use to convince injury victims to settle. These include: pretending to be your friend, acting like medical experts, harassing phone calls, etc. They are trained on what to say, and often (at least at the beginning) seem extremely reasonable, but you need to know that their primary concern is not you - it's the bottom line.
5) Should I hire an attorney to deal with the insurance adjusters for me?
As personal injury attorneys, we're biased about this question. But the truth is that communicating with adjusters, gathering medical records, sifting through policies, and building a personal injury case takes a lot of time and effort - even for those of us who have experience in these things. If the adjuster makes you an offer you think is fair, you probably don't need an attorney. But sometimes it can be beneficial to hire a legal professional to handle insurance professionals.
