How to Compel an Insurance Adjuster to Deliver a Fair Offer

The saying goes: “Know thy enemy and know yourself; in a hundred battles, you will never be defeated. “

If you make a personal injury claim, you often have to deal with a loss adjuster from an insurance company. This person is out to protect the interests of the company and, in this respect, will be your “enemy” during the claims process.

The harsh reality is that you are unlikely to receive a fair offer for your losses by acting passively following an auto accident. Some adjusters may even act unethically during the case to skew the outcome their way.

The key to compelling the insurance adjuster to deliver a fair offer is to understand what they want, be clear on your rights, and not be tempted by a quick settlement. Patience is a virtue in these situations.

Take note of the following tips and you will be in a much better position to receive the compensation you deserve…

Learn More → Do You Need a Lawyer After an Auto Accident in Texas?

Understand how insurance adjusters work

Knowing how insurance adjusters (also known as “loss adjusters” or “claims adjusters”) work will help you prepare for dealing with one during your claim.

Insurance adjusters are claims specialists hired by insurance companies to examine personal injury (or property damage) claims. They determine how much a claimant should be paid for his/her losses and their main responsibilities are the following:

• Receiving and processing claims
• Communicating with claimants during the claims process
• Reviewing the physical injuries/property damage incurred by a claimant
• Investigating the claim by interviewing witnesses and other appropriate parties
• Analyzing surveillance video, police reports, and social media (if necessary)
• Calculating the total payments due to the claimant
• Negotiating the offer with claimants (if necessary)

Generally speaking, the insurance company wants to avoid going to court to settle a claim. A quick settlement usually means reduced legal costs and reduced risk of a higher court-based settlement, The insurance company may also want to settle before the claimant’s injuries worsen and medical expenses escalate (the delayed onset of injuries after accidents is relatively common).

The claims adjuster can facilitate an out-of-court settlement that costs the insurance company much less — but many accident victims settle for far less than their claim is worth.

This is largely because they are not ready for some of the underhand strategies used by insurance adjusters during the claims process….

Understand the ways they try to minimize compensation

Claims adjusters may employ many strategies to minimize claims. Many of these are legitimate but rely on claimants not fully understanding their rights.

Knowing what to expect can forewarn and forearm you when making a claim. You should expect the following:

• Not answering phone calls: you may find that, at first, your calls are avoided as some claimants simply give up their claim as it seems too difficult. Once you put complaints, requests or questions in writing, they are much more difficult to avoid.
• Requesting more information: the claims adjuster may repeatedly ask for more information before processing a claim, delaying the claim in the hope that it simply goes away.
• Asking to record conversations: they need your permission to record a conversation and you don’t need to agree to it.
• Offering you far less than your claim is worth: lowball offers that don’t even cover your expenses are a common strategy — used because they sometimes work, especially with inexperienced claimants who are desperate for the money.
• Intimidation: some insurance adjusters will try to intimidate claimants by suggesting that a claim is fraudulent or by saying that a claimant will end up with nothing if they don’t accept the lowball offer by a certain date.

Unless they play delaying tactics, insurance adjusters may try to settle quickly because they know the longer the case goes on, the more likely it is that the claimant will hire a lawyer — and that’s generally bad news for them.

Take your time and complete treatment before settling

If an insurance adjuster offers a quick, lowball payment, stay strong and don’t buckle under the pressure.

You have the right to reject an offer and request a fair settlement — and to take as much time as you like to consider the offer. Don’t be intimidated by arbitrary deadlines that the insurance company may set to rush your decision.

And don’t be tempted to sign any settlement until:

• You have completed all medical treatment necessary for your injuries (as assessed by a qualified medical professional).
• You have confirmed any lasting impact of your injuries on your health, employment, quality of life, etc.
• You have asked a qualified personal injury lawyer to review the agreement.

If you sign a lowball offer quickly, you will not only settle for too little but also waive your legal rights to claim further compensation if the need arises in the future.

It’s generally best to instruct the insurance adjuster that you do not intend to sign any agreement until you have had the opportunity to fully heal from your injuries. This will set alarm bells ringing for the adjuster.

Put requests and reject offers in writing

Whether you are requesting information from the insurance company for your claim or rejecting a lowball offer, put all communications like this in writing.

This will send a firm message to the insurers that you are not playing around. If you hire a personal injury lawyer to progress your claim, your lawyer will handle the communications and this can “force the hand” of loss adjusters to offer a fairer amount.

A lawyer can state the reasons why the offer is unacceptable, correct any inaccurate statements from the insurance company, point out any omissions, and suggest a figure that constitutes fair compensation, having assessed your claim. Your lawyer can also start gathering and presenting evidence to support your claim.

Report unethical behavior from insurance adjusters

There are codes of conduct that insurance companies need to follow in Texas, as in all states. They are not allowed to simply bully you into accepting a low offer as that would be considered a “bad faith” practice.

If you understand the types of behavior that cross the line, you can report unethical behavior from an adjuster to the authorities.

While almost all adjusters will try to minimize compensation, some of them use deceptive or unethical strategies to do so. These may include:

• Falsifying witness statements to pass fault on to the claimant to accept reduced compensation.
• Tampering with (or unfairly discarding) evidence to call a claim into question.
• Trying to convince a claimant to sign a settlement while he/she is under the influence of medication.

If you encounter this type of behavior, don’t let it pass without informing the insurance company in writing of their bad faith practices.

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Speak to a personal injury lawyer, who can advise you about filing an additional claim in court to compensate you for this unethical behavior.

The period after an accident can be a stressful time as you recover and prepare to file a claim. Stay calm, don’t admit any fault, remain patient, and hire an experienced lawyer to manage your claim. That’s the easiest way to ensure you get fair compensation.

Contact the DeHoyos Accident Attorneys, PLLC today for a free consultation to evaluate your personal injury case.