Insurance adjusters will assess claims, but their actual role is to protect insurers by minimizing payouts. While seeming to be fair, their tactics, more often than not, result in much lower settlements than claimants may deserve.
Most people hire the top personal injury lawyers who can counter these tactics and negotiate a fair settlement.
Knowing some of the tactics that adjusters use helps claimants protect their rights and maximize their payouts.
Quick Settlement Offers
Adjusters provide an early settlement, usually shortly after an accident, in order to make the situation easy and quick. These opening offers are always lower than the value of a claim, since the aim is to settle before the claimant has a good understanding of their damages or even seeks legal representation.
Accepting such offers often leaves the claimant with insufficient compensation for future costs associated with the injury or damage.
Requesting Recorded Statements
One of the common tactics involves adjusters requesting recorded statements from claimants with the intention of speeding up the process. In using these statements, an adjuster may subtly engineer the closing of the claim. They will ask misleading questions or request the applicant to downplay their injuries, for which they can then use recordings to refute the extent of the injury or how it occurred.
Delaying the Claims Process
Another approach to compelling claimants to take less than they deserve is delaying the resolution of a claim.
Adjusters do this by requesting too much documentation, switching the adjuster on the case frequently, or not responding to communications in a timely manner. This can be deliberate to the extent that the claimant is burdened with financial stress and frustration and is more willing to accept less than what they deserve.
Disputing Liability
Adjusters often attempt to deny or shift liability to reduce the insurer’s payout. They may argue that the policyholder was not at fault or that the claimant shares responsibility for the incident.
In jurisdictions with contributory negligence laws, even minimal fault attributed to the claimant can significantly diminish or entirely bar compensation.
Downplaying Injuries or Damages
Another strategy involves minimizing the severity of the claimant’s injuries or property damage. Adjusters might suggest that injuries are pre-existing or not as serious as reported, often relying on selective interpretations of medical records or expert opinions. This approach aims to justify lower settlement offers by casting doubt on the legitimacy or extent of the claimed damages.
Discouraging Legal Representation
Insurance adjusters may discourage claimants from seeking legal counsel, implying that attorneys are unnecessary or that involving them will complicate and prolong the process. This tactic is designed to keep claimants unrepresented, as individuals without legal expertise are generally more susceptible to accepting unfavorable settlement terms.
Utilizing Pre-Existing Conditions
Adjusters often research the claimants’ medical histories to identify pre-existing conditions that can be cited to diminish the value of a claim. By attributing current injuries to prior medical issues, they aim to reduce the compensation owed. It’s crucial for claimants to differentiate between pre-existing conditions and new injuries resulting from the incident to counter this tactic effectively.