After a car accident, you will quickly find yourself dealing with an insurance adjuster. They may seem friendly and concerned, calling to check on you and asking for your version of what happened. It’s easy to believe they are there to help you. I need you to understand that this is not the case.
The insurance adjuster, even your own, is not your friend. Their job is to protect their company’s bottom line, and that means paying you as little as possible. They are trained negotiators who handle hundreds of claims a year. They know the system, and they will use it to their advantage.
It’s a deeply unfair position to be in. You’re recovering from injuries, you’re stressed, and you’re not an expert in insurance law. I want to pull back the curtain on some of the common tactics insurance companies use so you can protect yourself.
Common Tactics Used by Insurance Adjusters
1. Asking for a Recorded Statement
One of the first things an adjuster will ask for is a recorded statement about the accident. They will say it’s just a formality to get your side of the story. Do not do it. They are trained to ask leading questions designed to get you to say something that can be twisted and used against you later. You are under no legal obligation to provide a recorded statement to the other driver’s insurance company. Politely decline and tell them your attorney will be in contact.
2. The Quick, Lowball Settlement Offer
If liability is clear, the insurance company may offer you a quick settlement, sometimes within days of the accident. It might seem like a lot of money, and it can be very tempting to take it, especially when the bills are piling up. This is a trap. A quick offer is always a lowball offer. They are trying to get you to settle your claim before you know the full extent of your injuries and future medical needs. Once you accept a settlement, you can never go back and ask for more money, even if you need surgery down the road.
3. Delay, Deny, Defend
This is the classic insurance company playbook. They will delay processing your claim, hoping you will get frustrated and give up. They will deny your claim based on a minor technicality or by unfairly blaming you for the accident. And they will defend their position aggressively, forcing you to fight for every penny you deserve.
4. Minimizing Your Injuries
The adjuster will try to downplay the severity of your injuries. They may say things like, “It was just a minor fender-bender, you can’t be that hurt.” They will scrutinize your medical records, looking for any pre-existing conditions they can use to argue that your pain is not from the accident. They are not doctors, and they have no right to question your medical treatment.
How to Protect Yourself
So, what can you do to level the playing field? The single most important step you can take is to hire an experienced personal injury attorney. The moment you hire a lawyer, the insurance company is required to stop contacting you directly. All communication must go through your attorney.
Your attorney will:
•Handle all communications with the insurance company.
•Investigate the accident and gather the evidence needed to prove your claim.
•Work with your doctors to document the full extent of your injuries.
•Calculate the full value of your claim, including future medical needs and pain and suffering.
•Negotiate aggressively for a fair settlement.
•Be prepared to take your case to trial if the insurance company refuses to be reasonable.
Frequently Asked Questions (FAQ)
Q: Should I talk to my own insurance company?
A: You are required by your policy to report the accident to your own insurance company. However, you should still be cautious. Keep your statements brief and factual. You are not required to give them a recorded statement, and it is often wise to have your attorney handle these communications as well, especially if you are filing a UM/UIM claim.
Q: The adjuster seems so nice. Are they all bad?
A: It’s not that the adjuster is a bad person; it’s that they have a job to do, and that job is to save their company money. Even the friendliest adjuster is working against your best interests.
Q: Can I handle the claim myself if my injuries are minor?
A: You can, but it is not advisable. Many injuries that seem minor at first can turn into chronic, long-term problems. If you settle your claim too early, you will be left to pay for that future treatment out of your own pocket. It is always best to at least consult with an attorney before making any decisions.
Let Us Be Your Shield
You should be focused on one thing after an accident: your recovery. You should not have to deal with the stress and frustration of fighting with an insurance company. Let us be your shield and your sword.
At Fitzpatrick, Skemp & Butler, we have been battling insurance companies on behalf of injured people for decades. We know their games, and we know how to beat them. To learn more, please visit our homepage or our main car accident service page. When you’re ready, contact us at (608) 784-4370 for a free consultation. Let us fight for you.