Insurance
Adjusters
Insurance adjusters are
not your friends. They work for the insurance company, and they
are 100% focused on paying you as little as possible. The investigator
or adjuster from the other side's insurance company may be very
pleasant, appear to be concerned and even try to be your friend.
In real life he or she may be a wonderful person, coach
the local little league team, and be active in community associations.
But always remember his or her job is to protect the insurance company,
to find a reason NOT to pay you, or if they must, to make sure you
receive as little as the insurance company can possibly get away
with, and ideally, to try to "make the matter go away".
Most adjusters are taught that the best way to making cases go away
is to control the claimant YOU! They do this by being friendly,
or by being mean, depending on what they think will work best on
a given individual.
The investigator or adjuster
may try to get you to minimize the nature and extent of the pain,
the impact of any permanent injury, or to accept full or partial
responsibility for the accident when it was not your fault ("I
guess you should have paid more attention
"). In addition,
they may tell you how difficult it would be to recover more for
your injuries ("If I were you Id accept this. Youll
never get more and the courts have a 3 year back-up
), and
try to discourage you from hiring a lawyer (By the time you
pay a lawyer youll end up with no more than if you just take
this today...). NONSENSE! Those are classic insurance adjuster tricks
that should be ignored.
The following are some
additional references an adjuster may make to attempt to deny or
reduce your claim:
- You werent wearing
your seatbelt
- Defects in your car
caused the accident
- You did not receive
treatment until weeks after the accident
- Medical records show
that you exaggerated the injury
- Medical records show
that you had the condition before the accident
- No police report and
no witnesses
- No request for medical
care at the scene of the accident
- You missed a lot of
work time before the accident
- Minor damage was done
to your vehicle
- No complaint of pain
at the scene of the accident
- Some other person,
or you, was partly responsible for the accident.
Insurance companies'
claims adjusters are professional negotiators, with extensive experience
in intimidation, "hassling," and using every psychological
technique to maneuver a claimant into settling for the lowest possible
dollar, including discouraging people from using the professional
services of a lawyer. Never give an oral statement to the other
side's insurance company. If you do, you will regret it. Claims
adjusters are hired because they "sound good" over the
telephone and they are extremely well trained by company lawyers
to ask questions in a manner designed to hurt you and help them.
Claims adjusters know that if they can keep a claimant negotiating,
there is a high probability of a successful settlement in favor
of the insurance company. You cannot beat experts at their game.
Do not try it.
Just because an insurance
adjuster calls and talks does not mean you have to talk. Do not
get into a discussion, no matter how tempted you may be to do so.
Use the occasion to listen and when its over say: "I will think
about it and get back to you." You should always contact
an attorney who is experienced in negotiating settlements with
insurance companies to evaluate your case prior to any communication
with the insurance company
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