If you are in a car accident, your first priority should be focusing on recovering from any injuries you may have suffered and replacing any damaged property you may have sustained. You should not have to worry about how to deal with insurance adjusters pressuring you to accept a quick settlement. Fortunately, the Missouri car accident attorneys at Foster Wallace Personal Injury Lawyers, know exactly how to deal with insurance adjusters and can help you focus on what is most important after an accident—your complete physical and financial recovery.
Insurance adjusters have one priority—saving money. But at Foster Wallace, our only priority is you. At Foster Wallace, we work tirelessly to make sure your rights are protected during the settlement process. If you have been injured in a car accident and are dealing with insurance adjusters who claim that they have your best interest in mind, please continue reading before you agree to any settlement of your accident claim. This article explains:
- How to deal with insurance adjusters when you file an accident claim;
- What questions you should expect an insurance adjuster to ask;
- How to respond to an insurance adjuster’s settlement offer;
- What questions you should ask an insurance adjuster; and
- Why you should consult with an experienced car accident attorney before filing an insurance claim or dealing with any insurance adjusters.
How Should I Deal with Insurance Adjusters after I File an Accident Claim?
When dealing with an insurance adjuster, the most important thing to remember is that the insurance adjuster’s goal is to deny your claim or minimize its value. Here are five important “Do’s and “Don’ts” to remember when dealing with an insurance adjuster trying to deny or minimize your claim.
DO: Consult an Experienced Car Accident Attorney
Contact our Kansas city personal injury lawyers now.
The best way to respond to an insurance adjuster is to refer them to your experienced car accident lawyer. As soon as an insurance adjuster knows that you have retained a knowledgeable and experienced personal injury lawyer who understands how insurance adjusters operate to minimize your claim, they will be more inclined to make a fair and legitimate offer to settle your case.
Insurance adjusters do not want to negotiate with an attorney who can see through their tactics and understands how insurance companies operate. Insurance adjusters also do not want to risk your case going to trial, where a jury could award you financial compensation much greater than what the insurance company is willing to pay. Having a reputable car accident attorney on your side when you file your insurance claim is the best way to deal with an insurance adjuster and the best way to maximize your recovery.
DON’T: Admit Fault
If you have not yet hired a personal injury lawyer to represent you in your car accident case, you likely will speak directly with the insurance adjuster assigned to your case. When you do, the insurance adjuster will try to get you to admit that you were at fault for the accident. But you should never admit fault, for several reasons.
First, proving fault in a car accident is a difficult and complicated legal issue that requires specialized legal knowledge and experience that most people don’t have. This is why you should always consult a local car accident attorney before dealing with insurance adjusters. Your attorney will know what is required to prove fault and will be able to identify the party at fault based on the facts of your case.
Second, even if you contributed to the cause of your accident somehow, you still may be entitled to compensation from the other party. Missouri applies a pure comparative negligence system of fault, which means that an injured party may recover damages even if they are partially at fault in causing the accident. For example, even if you were 30% responsible for causing the accident, you still may recover 70% of your total damages from the insured party who was 70% at fault. But an insurance adjuster will not explain this to you. This is why you should consult with an experienced personal injury lawyer before communicating with your insurance adjuster.
DO: Tell the Truth, But Stick to the Facts
Of course, you should always be honest about what happened in your accident. But stick to the facts. You don not have to explain anything to the insurance adjuster other than the facts that occurred, as you see them. You should not discuss your driving record or history or your previous accident experiences. You should only discuss what is relevant to the accident for which you are filing a claim. Always document your conversations with the insurance adjuster and make a record of what was discussed and concluded.
DON’T: Provide Any Medical Records or Documents Not Relevant to Your Accident
If you are involved in an accident, you should always accept medical assistance, even if you think you are not seriously injured. Many car accident injuries develop hours or even days after the accident, and you are entitled to compensation for any injuries you experience from the accident. Be sure to obtain documentation of all medical exams and procedures, test results, physician visits, and medications prescribed.
The insurance adjuster will want to verify your injuries and likely will request that you sign a release of your medical records. However, be sure the release is limited to only those documents and records that pertain to your injuries sustained in your accident. The insurance adjuster will try to use your medical history against you to claim that you should not have been driving or that your injuries were already existing and did not result from the accident. However, your previous injuries and history of medical conditions are not relevant to your claim. The insurance adjuster is not entitled to this information. Your attorney will be able to help you determine what information is relevant to your claim and what information is not relevant.
DO: Understand Your Rights and the Value of Your Case
An insurance adjuster is not your representative. He or she will not be looking out for your best interest. Instead, he or she will undervalue your claim and try to get you to settle for less than what you are entitled to. This is why, when dealing with an insurance adjuster, it is critical that you know your rights and understand the fair value of your case. For this, you need an experienced personal injury lawyer.
Placing a value on your claim is complicated. It is based partly on the nature and extent of your injuries, which requires complex medical evidence, and partly on the present and future financial losses incurred as a result of your accident. Financial losses can include many components, such as:
- Property damage to your vehicle and other property;
- Physical injuries;
- Medical expenses;
- Pain and suffering; and
- Loss of income and lost salary.
Because not all compensable damages have a fixed value, proving the value of your case can be extremely difficult. It requires the experience of personal injury attorneys who understand how the insurance industry operates and how juries view the value of injuries. The award-winning attorneys at Foster Wallace will know how to maximize the value of your claim.
What Questions Should I Expect an Insurance Adjuster to Ask?
Although you should always limit the information you disclose to an insurance adjuster, if you are working with an adjuster on your claim, you will have to answer questions about the accident and your injuries. If you don’t know how to answer, you could jeopardize the value of your claim.
The best and easiest response to any question is to say that you are represented by the Kansas City car accident attorneys at Foster Wallace, LLC, and that your lawyer will handle everything. However, if you deal directly with an insurance adjuster, you will want to know what questions the insurance adjuster will ask. Here are some likely questions you will need to answer:
- Questions about the facts related to the accident. The insurance adjuster certainly will ask you to explain your version of what happened. Limit your responses only to the facts that you know. Don’t guess, speculate, or offer your opinion. If asked a specific question about a detail of which you are not sure, for example, “Were there any cars approaching from the other direction when you turned the corner?”, just say you don’t know.
- Questions related to fault. The adjuster will not always ask straightforward questions. He or she may make comments or suggestions that sound plausible and harmless, but an innocent comment in response may be interpreted to suggest fault. For example, the adjuster may appear supportive by commenting, “The sun glare at that intersection is so bad at that time of day, it is almost impossible to see cars approaching from the other direction. Have you noticed that?” If you are not careful and agree or admit that you have had that experience, your innocent response could be used against you to suggest fault.
- Questions related to your injuries. Your financial recovery will depend on the nature and extent of your injuries, so the insurance adjuster will question you about the injuries you are claiming, your medical treatment, your current condition, and your need for future treatment. The adjuster will attempt to minimize your compensable injuries by suggesting that the injuries you are claiming were either previously existing or were suffered after the accident. When the adjuster requests to see your medical records to understand your injuries, be sure to limit what you provide only to what is relevant to the accident. Document all medical tests, evaluations, procedures, and recommended treatments.
How Should I Respond to an Insurance Adjuster’s Settlement Offer?
Recovering from injuries from a car accident can be difficult, painful, long-term, and expensive. As hospital bills accumulate and expenses for continued treatment and medicines add up, it is natural to want to settle your case quickly so you can begin to pay your medical bills or repair your vehicle.
The insurance adjuster understands this and will try to take advantage of your situation by offering a quick settlement that significantly undervalues your actual damages. He or she may even inquire about your financial situation and request to see your bank records to see how likely you may be to accept a low settlement offer. Do not provide any bank records, and do not agree to any settlement without first consulting with an experienced car accident attorney who can assess what your claim is really worth.
Until you consult with an attorney, when the insurance adjuster makes an initial settlement offer, simply decline and let the insurance adjuster know that you have questions of your own.
What Questions Should I Ask an Insurance Adjuster?
To settle your claim fairly, you are entitled to information about the other driver and the amount of insurance coverage the other driver carries. This information will be relevant to settling your claim.
Here are some questions the insurance adjuster should answer before you consider settling your claim:
- Does the insured driver admit that he or she was at fault?
- Is the insured driver claiming any injuries?
- How much insurance does the insured driver carry?
- What is the amount of the insurance company’s claim reserve?
- What is the insurance adjuster’s process for determining fault?
- Is the insurance adjuster authorized to settle your claim?
- Will the insurance company replace damaged parts of your vehicle with new parts that satisfy manufacturer standards and specifications?
- Will the insurance company continue paying your medical bills and expenses as they accrue?
- What information and documentation does the insurance adjuster need to offer a fair settlement?
- Has the insured driver or other witnesses made any recorded statements about the accident? If so, request a copy. If the insurance agent records your conversations, request a copy of the recording as well.
- Has the insurance company obtained any financial or credit information or documentation about you from any computer databases? If so, request a copy.
If the insurance adjuster refuses to answer your questions or provide any information you request, do not agree to any settlement or sign any documentation. Instead, contact Foster Wallace Personal Injury Lawyers, before proceeding in your settlement negotiations. We will make sure you obtain all the information you need to make an informed decision about settling your case.
Should I Consult with a Car Accident Attorney Before Filing an Insurance Claim?
Yes. It is only to your advantage to have all the information and advice available before you file your claim. This is why you should contact the car accident lawyers at Foster Wallace, LLC, immediately after your accident. Don’t wait until it is too late to collect relevant information and valuable car accident evidence that will be critical to receiving full and fair compensation for your damages. And don’t be intimidated by the pressuring tactics of an insurance adjuster.
Let the experienced attorneys at Foster Wallace, LLC, deal with the insurance company so that you can focus on your recovery. We know the insurance industry and how insurance adjusters operate. And we know exactly the right questions to ask to ensure that you receive maximum compensation for your car accident claim. Call Foster Wallace today for a free initial consultation.
