A car crash can change your life in an instant. If you are hurt, you may be dealing with many new issues. Pain. Missed work. Medical care. Bills. On top of all that, an insurance adjuster. Dealing with an insurance adjuster may feel like an uphill battle to you. That’s how many adjusters want you to feel. But, there are solutions.
While the world of medical care and claims may be new to you, it’s something we handle every single day. At the Blackwell Law Firm, we focus completely on preparing personal injury claims. Our goals — Walk with you through the process and prepare your claim for its maximum value. Unlike some other firms that offer many different legal services, we know that a complete focus is necessary for expertise. After all, a jack-of-all-trades is a master of none. If you are hurt, you deserve expertise in building your personal injury claim.
Today, I thought I would discuss six bad tactics insurance adjusters use to lower the value of your personal injury claim. Let’s talk about these bad insurance tactics and how you can protect yourself.
1. The Insurance Adjuster May Act Like Your Friend, But He Is Not!
Sometimes, adjusters start the process by acting like your friend. They want to gain your trust. For many people hurt in a wreck, it is very comforting to hear an adjuster’s soothing voice encouraging your trust. Some adjusters are very good at acting like they really care about your injuries, family, pain or financial situation. After all, most big insurance companies have a friendly advertising slogan:
- Nationwide — “Nationwide is on your side”
- Allstate — “You’re in good hands”
- State Farm — “Like a good neighbor”
These are just a few examples. Insurance companies have researched the feel-good slogans you want to hear. When you’ve been hurt in a car accident, you absolutely want a helpful friend or neighbor to handle things. But, the insurance company and its adjuster are NOT that neighbor.
The friendly adjuster demeanor is designed so that you let your guard down. Once you let your guard down you might say something the insurance company can use to deny or reduce your claim value. Once you let your guard down you are more likely to sign authorizations so the insurance company can dig into your background or records. After all, the real friendly adjuster told you they just need your records to pay you. Sometimes adjusters even falsely convince injured people to send every bill upon receipt thinking the insurance company will actually pay them. That is so false. If the insurance company pays, it will be a one-time payment in exchange for a release. They don’t want your bills to pay them. They want them to investigate.
How should you respond? Always stay polite. Stick to the basic facts. Don’t provide extra or unnecessary details. When clients hire our firm, I often write the adjuster immediately so that we can handle those communications. I also tell my clients that if the adjuster still calls them to simply respond they are hurt, seeking treatment, and will be back in touch once medical care is complete. Never discuss fault or say things that could be construed against you. Never discuss your prior health. If you hire an experienced personal injury attorney, let him or her handle all those communications.
2. The Insurance Adjuster May Offer A QUICK Settlement, But An Injured Person Should Wait!
In the days after a serious wreck, you may feel overwhelmed. You need medical care. You need your car fixed. You are missing work. You are hurting. On top of all these issues, everything else in life keeps moving as well. Insurance adjusters know how overwhelming the process is to normal people. Some adjusters try to take advantage of hurting people in this situation.
In some cases, an adjuster may offer a quick settlement. Many of our new clients call us after an adjuster offered them something small for their claim. It’s not unusual for a new client to tell me the adjuster called a couple days after the wreck and offered them $2000, for example.
Insurance companies know the numbers. For every 10 people who suffer back pain in a car crash, a few of them will be fine in a few days or weeks. However, a few of them will also need extended care. And, some of them may have injuries that become very serious. Some insurance adjusters figure that if they offer pennies to all 10 of those car accident victims, they might be overpaying for the one or two who really are not hurt. But, they will also be getting off tremendously cheap for the others who do have serious injuries. Insurance companies know they can save huge amounts of money through quick settlements.
If you are hurt, a quick settlement will be far below the value of your claim. Way below value! After a serious car accident, you may be hurting but you don’t know how bad you are actually hurt. Some injuries are latent and only become apparent days or weeks after the crash. Other injuries may seem minor in the moment but turn out to be serious. If there is a possibility you suffered a significant injury, you need to wait.
How should you respond? Politely decline the quick offer and tell the adjuster you will be happy to talk when you complete your medical care. Don’t go into details. Better yet, if you are hurt, let your lawyer talk to the adjuster so you can focus solely on your medical treatement.
In the first few weeks, or even months, after a car wreck, you likely do NOT know the full extent of your injuries or the cost to heal them. Focus on your medical care. Focus on your rehabilitation. In Alabama, the statute of limitations for car accident negligence claims is two years from the date of the accident. I’m not telling you to wait two years. No. But, I am saying you have some time to learn the extent of your injuries. You may need several months, or more, of medical care. At our firm, we want to help our clients through the treatment process. Then, we want to prepare a claim that takes ALL their injuries, ALL their pain, and ALL their damages into account.
3. The Insurance Adjuster May Dispute Your Injuries, But He Is Not The Doctor Or The Jury!
Some insurance adjusters try to downplay your injuries. Maybe the adjuster acts like your pain or problem is not serious. Maybe the adjuster acts like your problem is some pre-existing condition. Maybe the adjuster asserts his or her own medical opinion as to your diagnosis or care. But, the adjuster is not a doctor. Far from it. And, the adjuster is sitting in a comfortable office instead of living through your pain.
In many cases, adjusters quickly try to get signed medical authorizations from accident victims. Then, these adjusters request all your records, even ones years before the wreck. Once these adjusters obtain records, they start to argue or claim your problems are simply pre-existing or even non-existent. Again, the adjuster is not a doctor. Why give the adjuster ammunition to dispute your claim at this early stage?
How should you respond? Be polite. Always be polite. Decline to sign any authorizations until talking with a lawyer. Don’t fall for the insurance adjuster’s threat that he or she cannot negotiate unless you sign. That’s wrong. And, never argue with the adjuster about medical issues. The adjuster is not a doctor. Your real doctor is the medical opinion that counts! Get the treatment you need before engaging with the adjuster.
4. The Insurance Adjuster May Delay The Process To Frustrate You, But An Experienced Attorney Can Act!
Did the adjuster suddenly ghost you? You are not alone. Delay is a frequent insurance company tactic. This bad behavior is especially horrible in work comp cases where injured workers are waiting on medical care. By delaying or ignoring communications, adjusters are trying to frustrate you. The adjuster wants to push you into accepting a lower settlement just to be done with the process. Don’t fall for that! Don’t give up!
In addition to bad adjuster behavior, many insurance companies pile too many claims on each adjuster. These companies know their adjusters cannot talk with each claimant, leaving you in the dark.
How should you respond? Stay patient. Be polite. You may be frustrated and feel like leaving a nasty voice message. DO NOT. Don’t let your frustration cause you to quit. If you are seriously injured, talk to a skilled personal injury attorney. By skilled, I mean an attorney who focuses on these claims and not an attorney who takes a variety of different legal cases. By skilled, I mean an attorney who actually works on his or her cases and not a settlement mill where you are just a number. All claims are personal! By skilled, I mean an attorney who will actually fight (not just talk about fighting) in court to maximize claims. Talk to a skilled and experienced legal counsel. You have options, including options to get the medical care you need. You have options to maximize your claim when the adjuster ignores you. An experienced attorney who is willing to work can keep the process moving and hold the insurance company accountable.
5. The Insurance Adjuster May Blame You For the Accident, But Don’t Fall For This Tactic!
Alabama follows a legal principle called contributory negligence. Most other states follow a very different principle. What does that mean? Under the contributory negligence rule, if you are even 1% at fault, you cannot recover any compensation for your injuries. A skilled insurance adjuster knows how to twist your words to create blame on you. Don’t fall for that.
It’s common in many injury cases for an insurance adjuster to call, act like your helpful friend, and ask questions. Keep in mind, the adjuster knows what to ask. And, the adjuster is likely recording you! We all want to be friendly – So, it’s easy to apologize, or say you may have been a little fast, or to speculate that maybe you should have seen the other driver in time to avoid the crash. Again, don’t fall for the friendly adjuster asking questions. You will likely regret it.
While many adjusters take the overly friendly approach hoping you will loosen-up and talk, a few take the threatening approach. These threatening ones, demand you provide authorizations or recorded statements. Don’t fall for these threats. You do NOT have to give a statement.
How should you respond? Always be polite. Never admit fault. Never make speculative statements about events. If you are asked to give a statement and are injured, it’s best to talk to an attorney before saying anything about the events. When I represent an injured person who has a spouse (and the spouse was NOT in the crash), I often tell the person to let their spouse answer any adjuster calls. Since the spouse was not in the crash, he or she really cannot answer or admit anything. I also tell all my clients not to answer questions if called. But, instead, to tell the adjuster to call us. Let your attorney communicate with the adjuster. Let your attorney talk about the evidence or prove liability in the claim.
6. The Insurance Adjuster May Misrepresent Policy Limits Or Coverage, But Your Attorney Can Discover The Truth!
Sometimes, insurance adjusters imply policy limits are low. In Alabama, drivers are only required (currently) to carry $25,000 in liability coverage. However, many drivers carry much higher coverages. And, your own policy likely provides additional and valuable uninsured / underinsured coverage for you.
In other cases, an adjuster may claim the accident was not covered by the insurance policy. Don’t fall for that. At the Blackwell Law Firm, we regularly gather policy information and fight wrongful denials.
How should you respond? Don’t take the adjuster’s word. Talk to a skilled attorney who can obtain full disclosure of the insurance policy or coverage limits. Also, a skilled attorney can help you navigate the legal issues needed to access other coverages like uninsured / underinsured coverage.
The Adjuster Works For The Insurance Company, Not You!
If you are frustrated or confused with the insurance claim process, you are not alone. Hopefully, this is the first time you have ever experienced the process. I hope it’s the only time you will ever experience it.
If you suffered significant injury, your claim is too important to simply trust an adjuster working for the insurance company. It’s also too important to trust a lawyer that does not specialize in these claims.
At the Blackwell Law Firm, we believe all cases are unique and all clients deserve individual care. We like to work hand-in-hand with clients through the treatment process so they have the best chance to recover. Then, we like to work hard to build the best claim by interviewing all witnesses, engaging accident reconstruction experts, and working with medical professionals. When the adjuster ignores us, we know how to take a claim to court for maximum value.
If you have questions, give us a call. We are happy to answer your questions. All our consultations are always free and confidential.
(256) 261-1315