Interacting with an insurance adjuster is unavoidable after you’ve filed a personal injury claim. The adjuster’s job is to assess your claim’s value. However, they aim to settle your claim quickly and for the lowest amount possible.
Your objective throughout this process is to maintain your rights and get the compensation you need to pay your medical bills, replace your lost income, and fully recover. You can protect yourself by letting a personal liability attorney handle these conversations. Also, here are six red flags to watch for when interacting with an insurance claims adjuster:
1. Infrequent Communication
One red-flag tactic many insurers use is to make it difficult or impossible for you to talk to someone about your claim. Do you have to make several calls before getting a response, or does the adjuster take forever to return your messages?
If your claim is dragging on with seemingly no end, that could be more than coincidental. Adjusters might be hard to reach in the hopes that you get frustrated and settle early. A more egregious tactic could be to cause you to miss a filing deadline or let a statute of limitations expire. Letting a personal injury lawyer near you communicate on your behalf can help move things along.
2. Getting You to Admit Fault
The party who admits fault is typically the one paying out, usually much more than they want to. What you say to an adjuster could diminish your case, even if the other party has total liability. Therefore, you should avoid phrases like “I’m sorry” or “I should have been more careful,” which an adjuster or opposing lawyer can use against you.
Instead of waiting for you to admit fault openly, they might ask you loaded questions to get you to incriminate yourself. For example, when following up after a car accident, the adjuster could ask questions like
- Did you see the other car before the collision? If not, why not?
- Were you in a hurry, or were you distracted by something?
- How was the weather that day? Could it have affected how you drive?
- Was your back pain already there before the accident?
3. Trying to Record What You Say
If you’re talking to an adjuster in person or on the phone, they may ask permission to record the conversation. You might be tempted to comply because, after all, you have nothing to hide, right? Unfortunately, your words could be taken out of context and used against you. For example, “I’m fine” in response to “How are you today?” could be interpreted as your injuries or pain being less severe than you claim.
It’s okay to decline being recorded during a conversation with an adjuster. If they try to tell you that recording is required, consult your personal injury attorney for guidance on what to say. You can ask your lawyer to talk to the insurance company on your behalf.
4. Delaying Payment of Your Claim
Insurance companies realize that most people have difficulty paying post-accident medical bills and other expenses out of pocket. An unscrupulous adjuster might leverage your situation by delaying payment and later offering you an unreasonably low settlement after you’ve been made to wait for your funds. If you feel strapped for cash, you might be tempted to take the offer instead of holding out for a more fair settlement or your day in court.
5. Encouraging You to Settle Too Quickly
Sometimes, you may never hear from the insurer but unexpectedly receive a check in the mail. It can be tempting to be happy with what you get, deposit the check, and be done with the stress. Unfortunately, you likely would have gotten more if you hired a lawyer.
6. Discouraging You from Contacting an Attorney
Never let anyone, especially an insurance adjuster, tell you that you don’t need to get an injury compensation attorney. They may say that working with a lawyer will add complexity to your claim, take longer to settle, or that your lawyer will take all your settlement money. Don’t fall for it! The adjuster knows that involving an attorney will typically result in a higher settlement, which they’re trying to avoid.
Don’t Face Insurance Adjusters Alone
It’s important to stand your ground and not let an adjuster talk you into an early settlement or other decision you’ll later regret. The lawyers at Clements, Taylor, Butkovich & Cohen, LPA, Co., know how to talk to insurance companies and negotiate for their clients’ best interests. Speak with one of our personal injury experts today if you need help with your claim.