Insurance adjusters play a critical role in the outcome of injury claims, but their goal is often to minimize payouts. They may use tactics like downplaying the severity of injuries, disputing medical records, or shifting blame to weaken your claim. If you're unfamiliar with how adjusters operate, you could be at risk of receiving less compensation than you deserve.
To protect your rights and maximize your claim, it's important to know what to expect and how to respond to these strategies. Working with an experienced personal injury attorney can help ensure you aren’t taken advantage of during the accident claim process. Call us today at (678) 251-9309 to discuss your injury claim and explore how we can help you stand up to the insurance companies.
Common Tactics Used by Insurance Adjusters
Insurance adjusters often make quick, lowball settlement offers to resolve claims before the claimant fully understands the extent of their injuries. These offers are designed to protect the insurance company from paying more in the long run.
- Why Adjusters Offer Quick Settlements: The adjuster’s goal is to settle the claim for the lowest amount possible. By offering a settlement before all medical bills and damages are known, they reduce their company's liability.
- Dangers of Accepting Early Offers: Claimants may not realize the full scope of their injuries, including long-term medical needs or lost wages, when they accept an early offer. Accepting these settlements can leave victims without adequate compensation to cover future expenses.
- Advice for Claimants: Patience is key. Consulting with a personal injury lawyer before accepting any offer can ensure you get the compensation you deserve. A legal professional can help assess the full value of your claim and prevent you from settling for less than you are owed.
Minimizing the Severity of Injuries
Insurance adjusters may use tactics to downplay the extent of your injuries. They might selectively request medical records or challenge the necessity of treatments in order to reduce the amount they have to pay.
- Tactics Used: Adjusters might request only partial or outdated medical records, attempt to limit the perceived severity of injuries, or argue that certain treatments are excessive or unnecessary.
- Impact on Compensation: By minimizing the extent of your injuries, adjusters can offer lower settlements. This can affect compensation not only for medical expenses but also for pain and suffering, lost wages, and future treatment costs.
- Advice for Claimants: Document everything related to your medical treatment. Ensure that your doctor provides detailed records of your injuries, treatments, and long-term prognosis. This will make it harder for the insurance company to downplay your injuries.
Shifting Blame or Denying Liability
A common tactic used by insurance adjusters is to shift blame onto the injured party. This can be particularly effective in states with comparative negligence laws, where fault can be divided between multiple parties.
- How It’s Done: Adjusters might argue that the claimant was partially responsible for the accident. They may scrutinize your account of the incident or point to inconsistencies in the evidence to undermine your credibility.
- Effect on the Claim: If you are found to be partially at fault, your compensation can be reduced proportionally. For example, if you're found 30% at fault, your compensation may be reduced by 30%.
- Advice for Claimants: Be consistent in your version of events and provide thorough evidence of the accident. Photos, witness statements, and police reports can all help solidify your case and reduce the risk of the adjuster successfully shifting blame.
Delaying the Claims Process
Insurance companies may intentionally slow down the claims process, frustrating claimants into accepting lower settlements just to get it over with.
- Common Tactics: Adjusters may request additional documentation multiple times, fail to respond in a timely manner, or create unnecessary delays by prolonging negotiations.
- Effect on Claimants: Lengthy delays can cause financial strain, leading claimants to accept lower offers simply to resolve the case faster. This can result in significant under-compensation for medical bills, lost wages, and other damages.
- Advice for Claimants: Understand the statute of limitations for your claim and stay persistent. Hiring a lawyer can help keep the process moving and ensure the insurance company doesn’t stall unnecessarily.
Misinterpreting or Misrepresenting Policy Terms
Adjusters may misrepresent or misinterpret the terms of the claimant’s insurance policy in an attempt to reduce or deny coverage.
- Common Tactics: They might claim that certain damages aren’t covered under your policy or mislead you about exclusions or limits. This tactic relies on the claimant’s unfamiliarity with the specifics of their insurance policy.
- Effect on Claims: Misrepresentation of policy terms can significantly reduce the payout, leaving you under-compensated for injuries and damages.
- Advice for Claimants: Review your policy carefully and, if needed, seek legal advice to fully understand your coverage. An experienced attorney can ensure the insurance company adheres to the terms of your policy and holds them accountable for any misrepresentations.
Monitoring Claimants' Social Media and Activities
Insurance companies often monitor claimants' public behavior to gather evidence that could be used to dispute their injury claims.
- Common Tactics: Adjusters may hire private investigators to monitor your activities or check your social media for posts or photos that contradict your injury claims. For instance, if you claim to be seriously injured but post photos of yourself engaging in physical activities, this can be used against you.
- Effect on Claims: Any evidence suggesting you are not as injured as you claim can be used to lower or deny compensation.
- Advice for Claimants: Be cautious about what you post online and avoid engaging in any activities that could contradict your injury claims. It’s best to avoid posting about your case altogether.
Disputing the Necessity of Medical Treatment
Insurance adjusters may question the validity of the treatments prescribed by your doctor, especially if they view them as expensive or lengthy.
- Common Tactics: They may request that you undergo an Independent Medical Examination (IME) by a doctor hired by the insurance company. This doctor might provide a more conservative opinion on your injuries and question the need for certain treatments.
- Effect on Compensation: Disputing the necessity of medical treatment can limit compensation for ongoing or long-term care, reducing the settlement amount you may receive.
- Advice for Claimants: Stick with trusted medical professionals and get second opinions if needed. Ensure that your doctors document the medical necessity of your treatments, especially if they involve long-term care or costly procedures.
What Should I Do if I Receive a Low Settlement Offer?
If you receive a low settlement offer for an injury claim, it’s important to take a measured approach before making any decisions. Here are steps you should consider:
- Evaluate the Offer: Carefully review the settlement amount in relation to your medical expenses, lost wages, and any future costs associated with your injury. Consider the full extent of your damages, including pain and suffering, emotional distress, and any long-term impacts on your life.
- Understand the Tactics: Remember that low settlement offers are often a tactic used by insurance companies to minimize their financial exposure. They may hope you will accept the offer quickly, especially if you are in need of immediate funds. Recognizing this can help you remain patient in negotiations.
- Consult with a Lawyer: It’s advisable to consult with a personal injury attorney who can assess the fairness of the offer and provide insight into your case’s potential value. A lawyer experienced in negotiating with insurance companies can advocate on your behalf, often resulting in a higher settlement.
- Document Everything: Gather all relevant documentation related to your injury. This includes medical records, bills, proof of lost wages, and any correspondence with the insurance company. Having comprehensive documentation will strengthen your case and provide evidence of your damages when negotiating.
- Prepare to Negotiate: Be prepared to counter the offer. Work with your lawyer to develop a clear, reasonable counteroffer based on your documentation and the true costs of your injuries. This can demonstrate to the insurance company that you are serious about getting fair compensation.
- Stay Patient: Negotiating a fair settlement can take time. Avoid feeling pressured to accept a low offer just to resolve the case quickly. Patience can often lead to a more favorable outcome.
By taking these steps, you can ensure that you are making informed decisions and pursuing the compensation you deserve for your injury.
How Can I Prevent an Adjuster From Delaying My Claim?
Preventing delays in your claim requires proactive communication and organization. Here are some effective strategies to help keep your claim moving forward:
- Stay Organized: Keep detailed records of all documents related to your claim, including medical records, accident reports, and correspondence with your insurance company. Having everything organized can help you respond quickly to requests from the adjuster.
- Follow Up Regularly: Don’t hesitate to check in with the adjuster frequently. A polite but persistent follow-up can remind them of your claim and keep it on their radar. Setting a schedule for regular check-ins, like once a week, can be effective.
- Respond Promptly: Whenever the adjuster requests additional information or documentation, respond as quickly as possible. This shows that you are engaged and serious about your claim, making it less likely that they will stall the process.
- Set Clear Deadlines: If the adjuster requests information from you, establish a reasonable deadline for when you will provide it. This can help create a sense of urgency for both parties.
- Understand the Process: Familiarize yourself with the accident claims process and the typical timelines involved. This knowledge can help you recognize when delays are occurring and address them promptly.
- Communicate Effectively: Be clear and concise in your communications. Document all conversations with the adjuster, noting dates, times, and details discussed. This can be valuable if disputes arise regarding delays.
- Involve Your Attorney: If you have legal representation, keep them informed about any delays. They can take over communications with the adjuster, leveraging their experience to push your claim forward more effectively.
- Use Your Rights: If you feel the adjuster is unreasonably delaying your claim, remind them of your rights as a policyholder. Research your state’s regulations regarding claims processing and hold them accountable to these standards.
By implementing these strategies, you can minimize delays and keep your claim progressing toward resolution.
Don’t Let Insurance Adjusters Undermine Your Claim—Get Legal Help Today
Dealing with insurance adjusters after an injury can be overwhelming, especially when they use tactics to reduce your compensation. Understanding their methods is crucial to protecting your rights. Don't let an adjuster undermine your injury claim.
If you suspect that an insurance adjuster is minimizing your claim, contact us for guidance. Our Decatur personal injury law firm is here to fight for the compensation you deserve. Reach out today for a consultation and let us help you navigate the compensation claim process.