After a car accident, you’ll probably hear from an insurance adjuster pretty quickly. They have to investigate your claim to evaluate the damages and calculate a settlement offer. Although they might seem helpful, their main goal is to protect company profits, and that means paying you as little as possible.
By understanding how the claims process works and what you should and shouldn’t say to adjusters, you can increase your chances of getting fair compensation.
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1. Get A Lawyer
The best way to protect your rights when dealing with an insurance adjuster is to hire an experienced injury attorney to communicate and negotiate on your behalf. When you speak with an insurance adjuster on your own, you’re likely to make mistakes that will hurt your case. Adjusters are trained to fiercely negotiate while prodding you for information they can use to deny or devalue your claim.
Many claimants accept the first settlement offer just to resolve the situation quickly, and that’s what adjusters expect. They’re counting on your lack of knowledge to pay you as little as possible. Having a lawyer will change the dynamics and make the adjuster handle your claim seriously. Your lawyer will fight to get you compensated for lost wages, future medical treatment, and other financial consequences.
2. Guard What You Say
What you say to the insurance adjuster can negatively impact your claim. Don’t give in if you feel pressured to explain what happened or provide them with detailed information about your injuries. Any statements you make without careful consideration can be used to reduce the value of your claim.
Be cautious and deliberate with your words. Stick to the facts, avoid emotional statements, and don’t say things like “I didn’t see the other car” or “it wasn’t too bad.” These statements can be interpreted as you admitting partial fault and not being seriously injured.
Never say anything that can be construed as admitting fault, and don’t downplay your injuries. Avoid speculation and unnecessary details. If you choose not to hire a lawyer, plan out and write down what you want to say word-for-word so you don’t get nervous and say the wrong thing.
3. Don’t Accept The First Settlement Offer
Insurance companies want to resolve claims as fast and cheaply as possible, and that’s why the first offer is usually low. They want you to take the money so they can close your case without having to pay you another dollar. Even if you need money now, hold out and negotiate for a higher settlement.
Ideally, you should wait to accept any offer – even by negotiating – until you fully understand the extent of your injuries. Certain injuries can take weeks to fully develop, and you might not know if you’ll need ongoing care until a few months have passed. However, make sure you don’t wait too long because missing your filing deadline can bar you from filing at all.
4. Document Everything Related To Your Accident
Your claim will be valued according to your evidence. Strong documentation can make it harder for insurance adjusters to dispute your claim. Keep clear records of everything related to your injury, including photos of the scene, damage to property, and your injuries. Save your receipts from hospital and ER visits, doctor appointments, specialist visits, prescriptions, and tests. Also, track your financial losses like lost wages and transportation expenses.
If you haven’t already, take photos and video footage of the surrounding area. Sometimes, a visual that shows all traffic lanes, road signs, barriers, and road markings can paint a clearer picture of the scene and what may have contributed to the accident.
5. Be Slow To Sign Documents
Once you negotiate what you feel is a fair settlement amount, don’t sign any paperwork without fully understanding what you’re signing. Once you accept an offer, you can’t ask for more money and waive your right to pursue a lawsuit.
However, the insurance company might be asking you to sign paperwork authorizing them to access your medical records directly. If you have any pre-existing injuries, they can use that information to deny your claim.
Paperwork might also include a clause that states you agree to provide the insurance company with a recorded statement. In most cases, you’re not legally required to give a recorded statement, and they only want a statement so they can find inconsistencies in your story. Before agreeing to provide a recorded statement, discuss it with your attorney.
Protect Yourself While You Pursue Your Claim
Insurance adjusters aren’t your friend. Their goal is to pay you as little as possible, but by communicating carefully and consulting a lawyer, you can protect your rights and improve your chances of receiving fair compensation.
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