Insurance Adjuster Tactics Car Accident: Common Ploys You Need To Watch
Insurance adjuster’s use many games to try to get quick settlements, often aiming to minimize payouts for the insurance companies they represent. These quick settlements are a ploy to give the injured person less than what he or she is entitled to receive, and some adjusters may even employ unethical tactics during negotiations. Here are a few of the most common insurance adjuster tactics:
Understanding Insurance Adjuster Tactics in the Claims Process
Insurance adjusters play a crucial role in the insurance claims process, and understanding their tactics is essential for accident victims to navigate the system effectively. Employed by insurance companies, these adjusters are tasked with investigating claims, determining liability, and negotiating settlements. However, their primary goal is to minimize the amount of compensation paid out by the insurance company’s profit-driven nature.
To achieve this goal, insurance adjusters may use various tactics, including delaying the claims process, misrepresenting policy provisions, denying liability, and making low-ball settlement offers. It is essential for accident victims to be aware of these insurance adjuster tactics and to seek legal representation to protect their rights.
A personal injury attorney can help accident victims understand the claims process and the tactics used by insurance adjusters. They can also negotiate with the insurance company on behalf of the victim to ensure a fair settlement. If the insurance company denies the claim or offers an unfair settlement, the attorney can file a lawsuit to seek justice.
Initial Contact and Communication
When dealing with an insurance company after a car accident, it’s essential to be cautious and prepared for the initial contact and communication. Insurance adjusters may use various tactics to minimize payouts, and it’s crucial to understand their strategies to protect your rights.
- Be Prepared for the Initial Call: Insurance adjusters may contact you soon after the accident to gather information and assess the situation. Be cautious and avoid making any statements that could be used against you. Stick to the basic facts and avoid speculating about the accident or your injuries.
- Keep Records of All Communication: Document all conversations, emails, and letters exchanged with the insurance company. This will help you track the progress of your claim and ensure that you have a paper trail in case of any disputes. Detailed records can be invaluable if the insurance company tries to delay the claims process or misrepresent your statements.
- Don’t Provide Unnecessary Information: Only provide the necessary information required by the insurance company. Avoid volunteering additional details that could be used to deny or reduce your claim. Remember, the insurance adjuster’s goal is to minimize the payout, so be mindful of what you share.
- Don’t Admit Fault: Refrain from admitting fault or apologizing for the accident, as this can be used against you to reduce or deny your claim. Even a simple apology can be misconstrued as an admission of liability.
- Seek Legal Representation: Consider hiring a personal injury attorney to represent you in the claims process. They can help you navigate the complex process and ensure that your rights are protected. An experienced attorney can also handle communications with the insurance company on your behalf, reducing the risk of saying something that could harm your claim.
By being prepared and cautious during the initial contact and communication with the insurance company, you can protect your rights and increase your chances of receiving a fair settlement. Remember to keep records of all communication, avoid providing unnecessary information, and seek legal representation if needed.
“I’d Like To Take Your Statement”
Insurance adjusters are paid to investigate claims and gather facts. One way they do this is by getting statements from all of the parties involved in an accident. They also want to get statements from all witnesses. After getting all the available facts, the adjuster makes a decision about whether to pay or deny a claim. Central to any investigation is the statement. These statements can sometimes be used to deny car accident claims if the insurance adjuster finds inconsistencies or uses the information to undermine the claimant’s case.
Adjusters usually try to get either a recorded or signed statement. If they’re not able to get either, they will ask for an interview.
A recorded statement is NOT okay! DON’T trust the adjuster! The main goal of the insurance company is to pay you less than your claim is worth. Because of this, the adjuster asks questions in a statement that are meant to favor the insurance company.
“Please Sign This Medical Authorization Form”
Your adjuster will probably ask you to sign a Medical Authorization form. Such forms are written very broadly, which gives the adjuster the ability to delve into your complete medical history. This allows the adjuster to pry into all of your medical issues and pre-existing conditions.
You should be very cautious about signing these types of sweeping medical releases, like many people do on a regular basis. Many times, injured people who sign these types of forms are desperate for some type of financial recovery from the insurance company. They may believe that the more they cooperate with the adjuster, the better their chances of getting a quick settlement.
Other people may simply not want the hassle involved in getting their own medical records. Most adjusters will insist that they will need copies of all of your medical records and bills to evaluate your injury claim. They will tell you that you can either “run around trying to get all this information yourself” or let the insurance company do the “legwork” for you. While it may seem more convenient to let the adjuster get the records, this is rarely a good idea. The Medical Authorization forms that the insurance company sends out are often used against the injured person who mistakenly thinks the form will speed up the process.
There is no legal requirement for an injured person to sign a Medical Authorization form to get a settlement from an insurance company. In fact, an insurance adjuster who tells you that a Medical Authorization form must be signed may be misrepresenting what the law says and, perhaps, what the insurance policy says.
One common insurance adjuster tactic is to delay the claims process.
Delaying the Claims Process to Wear You Down
One common tactic used by an insurance company’s adjusters is to delay the claims process. This can be done by requesting unnecessary documentation, ignoring or not responding to communications, or suggesting that the claim is not a priority. The goal of this tactic is to wear down the accident victim and make them more likely to accept a low settlement offer.
To combat this tactic, it is essential to keep detailed records of all communications with the insurance company, including dates, times, and details of conversations. Accident victims should also seek legal representation to ensure that their rights are protected and that the claims process is not delayed unnecessarily.
A car accident lawyer can help accident victims navigate the claims process and ensure that they receive fair compensation for their injuries. They can also negotiate with the insurance company to expedite the claims process and prevent delays.
Misrepresenting Policy Provisions to Deny Claims
Insurance adjusters may also misrepresent policy provisions to deny claims on behalf of the insurance company’s interests. This can be done by interpreting policy language in a way that is unfavorable to the accident victim or by failing to disclose relevant policy provisions.
To protect against this tactic, accident victims should carefully review their insurance policy and seek legal representation if they believe that the insurance company is misrepresenting policy provisions. A personal injury attorney can help accident victims understand their policy and ensure that the insurance company is acting in good faith.
Denying Liability: A Common Tactic Used by Insurance Companies
Denying liability is a common tactic used by an insurance company’s to avoid paying claims. This can be done by arguing that the accident victim was partially or entirely at fault for the accident or by claiming that the accident was not covered under the policy.
To combat this tactic, accident victims should seek legal representation and gather evidence to support their claim. A car accident attorney can help accident victims gather evidence and build a strong case to prove liability.
The Dangers of a Quick Settlement Offer
Insurance adjuster’s may also make quick settlement offers to accident victims. These offers may seem appealing, but they often do not take into account the full extent of the victim’s injuries or the long-term costs associated with medical treatment.
To protect against this tactic, accident victims should not accept a settlement offer without consulting with a personal injury attorney. A car accident lawyer can help accident victims understand the value of their claim and ensure that they receive fair compensation for their injuries.
In conclusion, understanding insurance adjuster tactics is essential for accident victims to navigate the claims process effectively. By being aware of these tactics and seeking legal representation, accident victims can protect their rights and ensure that they receive fair compensation for their injuries.
Things to remember:
- Be very wary about signing any Medical Authorization form
- Refuse to sign a Medical Authorization form that is open-ended. Have the insurance company agree that the form will be limited to medical bills and reports that only pertain to the accident that occurred on a specific date and treatment resulting from that accident. Refuse to sign a Medical Authorization form that remains in effect for an indefinite time period.
- Be sure that the Authorization states that it is only valid for a certain number of days after it is signed.
“Why Do You Need A Lawyer? I’ll Work With You.”
Insurance adjusters almost always want to prevent an attorney from becoming involved in a case. This is true because the cost of a claim usually goes up when an attorney enters the scene. Many personal injury attorneys offer a free consultation to help you understand your rights and the best course of action for your claim.
Claims adjusters like to deal with injured people who aren’t represented by a lawyer. This is because they believe the unrepresented person won’t be as sophisticated and experienced with legal matters and will settle the claim for less money.
Adjusters use various ploys to convince injured people not to get an attorney. You’ll often hear them say:
- “Your claim won’t be any more valuable just because you get a lawyer.”
- “The lawyer takes a third of your settlement. Why should you pay a lawyer when we can work things out?”
- “Why do you need a lawyer? I’m looking out for your best interests.”
- “If you get a lawyer, we won’t be able to work together on this claim any more.”
- “If you get a lawyer, it will slow down the settlement process.”
- “If you get a lawyer, we’ll have to hire one and then take your deposition.”
- “If you don’t take this settlement amount, we’ll withdraw all offers.”
Read more on this topic in our article “5 Ways Insurance Adjusters Reduce the Value of Your Claim“
We Are Here To Help
If you’ve become frustrated with how the insurance company is handling your car accident claims, you will want to seek the assistance of an experienced personal injury firm. We are here to help.
How Long Can I Wait to Call a Lawyer?
When you’re injured in an auto accident in Virginia or West Virginia, you must be aware of the statute of limitations which applies in your particular case. The statute of limitations refers to the time you have following an accident to file a lawsuit. In both Virginia and West Virginia, this time limit depends upon the circumstances of your accident and injury. The time limitation starts to run on the date of the accident. Filing a claim with an insurance company does not extend or delay the time.
The longer you wait to contact an attorney, the greater the risk that the statute of limitations time limit will expire on your insurance claim. If it does, you may lose your right to sue the at-fault party and recover compensation for your injuries. If you’ve been seriously injured and someone else is at fault, you should contact a personal injury attorney at the earliest possible time. Contacting an experienced personal injury lawyer early in your case will help prevent deadlines from expiring and will allow your case to be properly prepared.
To be able to determine whether you have a case, your lawyer needs to thoroughly investigate the details about your accident and injuries. Investigating the accident and collecting information is much easier if it occurs quickly after the accident has happened. A time delay can result in many problems like lost evidence and witnesses who can’t be found.
When you hire a lawyer to handle your car accident claim, he or she will first negotiate with the insurance company to try to settle your claim. If settlement negotiations break down, your attorney will prepare to file a lawsuit and prepare your case for trial. For this reason, it is especially important that you get an experienced lawyer to help with your case, such as one certified through the National Board of Trial Advocacy.
Talk With A Virginia And West Virginia Car Accident Lawyer
If you or a loved one suffered significant injuries in a car accident in Virginia or West Virginia, Ritchie Law Firm is here to help. The experienced, certified attorneys at the Ritchie Law Firm has helped thousands of injured victims and their families recover the compensation they deserve after an accident. Understanding the tactics car insurance companies use can help you better navigate the claims process and secure the compensation you deserve. Contact us by phone at 800-277-6124 or by using our online contact form.
