What You Need to Know About Dealing With an Insurance Adjuster on a Personal Injury Claim

When you get in a car accident, if you slip and fall on commercial property, or if you suspect a doctor of medical malpractice, you will most likely be working with the other car owner’s insurance company, the business’s liability insurance, or the doctor’s malpractice insurance. You rarely work with the person, the business, or the hospital in order to receive compensation for damages, medical bills, or other related expenses. Therefore, understanding how to work with the insurance adjuster assigned to your accident is an important part in ensuring you get the compensation you deserve.

If you have ever been in a car accident, for example, that did not involve personal injuries, but did cause damage to your car, you most likely worked with an insurance company and know that the process can be less than pleasant, and can actually be fairly difficult to navigate. When dealing with a personal injury case, it becomes even more complicated.

In a 1999 study by the Insurance Research Council, parties working with a personal injury law firm are more likely to receive a higher settlement amount than parties who do not have legal assistance. At any point during your personal injury claim, if you believe you would benefit from having a personal injury lawyer on your side, get in touch with the team at Murphy Falcon & Murphy. Our car accident attorneys have years of experience and have helped numerous people file claims, negotiate settlements with insurance claims adjusters, and have fought cases in court in order to win our clients just compensation. We’re here to help you navigate this difficult process, so don’t hesitate to give us a call.

Understanding Who the Adjuster Works For

After you file a personal injury claim with an insurance company, you will receive a call from an insurance adjuster, an employee from the insurance company. The adjuster is assigned to your case in order to investigate details about the case and to create a report determining how much your claim is worth. Insurance claims adjusters are typically very friendly and will appear to be on your side; however, it’s very important to understand that the adjuster has the insurance company’s interest in mind, not yours. Their priority is ensuring that you accept an amount and that the case is settled outside of court. Above all, the adjuster’s job is to protect the insurance company and to make sure that they pay as little as possible. The last thing a claims adjuster wants is for you to hire a personal injury law firm and to take the case to court. In this case, it will be up to a judge and a jury to determine how much money will be awarded.

How the Adjuster Determines the Amount the Claim is Worth

If the claim does not go to court, the claims adjuster will need to determine, based on conversations with you about the accident and their own investigations, how much the insurance company will pay you. They consider various factors, including:

• Expenses that have been incurred throughout the case, including medical bills or damages to your vehicle. This includes bills that you have already paid as well as any expenses that are expected in the future.
• If you are unable to work due to injuries, the adjuster will take into consideration any lost wages.
• If the accident caused physical or emotional stress, depression, scarring, or potentially shortened your life.
• Various other negative effects that are incurred due to the accident or any injuries sustained.

Along with these factors, they will also take into consideration the limits of the insurance policy as well as the strength of the case.

• If the insurance policy has a maximum of $100,000, then the insurance company won’t pay you more than that amount. If your expenses add up to more than $100,000, the difference will need to come from the at-fault party. In this case, it can be extremely helpful having a personal injury law firm on your side who can communicate between both parties.
• The amount that the insurance adjuster offers will depend on the strength of the case. If it’s obvious that the other driver caused the accident, or if the business obviously didn’t clear away snow or ice from a parking lot and did not set up clear warning signs, then you may have a stronger case and the insurance company will be willing to pay a higher amount. On the other hand, if it’s not clear who the at-fault party is, the insurance company may offer a smaller amount to settle the case.

Be Wary of Recorded Statements

At some point, the claims adjuster may ask to get a recorded statement. The purpose of a recorded statement may simply be to document the details of the case, including what happened, property damage, or personal injuries. However, when an adjuster wants a recorded statement, it may be a technique on their part to gather evidence that can be used against you. The adjuster often tries to get a recorded statement before claimants hire a personal injury lawyer, someone who will inform them of their rights and advise them on whether or not to give a recorded statement at all. Someone without a lawyer may unintentionally provide information that can be used in court to help prove that there isn’t a case at all, or that the claim is only worth a small amount.

Whether you have a personal injury attorney or not, when talking with a claims adjuster about the accident, provide information that is as neutral and fact-based as possible. Avoid adding embellishments, estimating, or assuming certain things about how the accident happened. When you say things like “they came out of nowhere” when describing a car accident, it could imply that you weren’t paying attention to your surroundings, which strengthens the insurance company’s case that the accident could have been prevented.

Insurance Adjusters Are Trained at Negotiating

Again, the adjuster works for the insurance company and is working to ensure that they pay as little as possible. When they can, they will try to settle the case as quickly as they can, even before you fully understand what the true costs of the accident are. Throughout the process, keep all documentation of the accident, including auto repair quotes, medical bills, diagnoses, accident reports, photos, and more. If you are offered a certain amount to settle the case, and if you believe that expenses will add up to more than that amount, it’s best to contact a personal injury law firm to help you negotiate and navigate the system.

Consider Sending a Demand Letter

A demand letter is an opportunity to let the insurance company know what amount you will accept right from the start, rather than waiting for an amount from the claims adjuster that may be much lower than you are willing to accept. In the letter, you can provide factual information about the incident, ask for a certain amount and give enough room to negotiate, and set a deadline for when they need to respond.

Dealing with an insurance claims adjuster in a personal injury case can be overwhelming and even intimidating. If you need help and guidance throughout the process, work with a personal injury law firm you can trust. Get in touch with the team at Murphy Falcon & Murphy. We’re here to make sure you get the compensation you deserve.