If you are filing a car accident claim in Greenville, South Carolina, the odds are that the insurance company will send an adjuster to investigate the case. Personal injury lawyers deal with them all the time, but most of our clients don’t know the first thing about dealing with insurance adjusters. Your interactions with an adjuster can directly affect how much compensation you can recover after an accident, so it’s essential you say the right things and provide a comprehensive and exhaustive account of the accident and your injuries.
What Does an Insurance Adjuster Do?
First, though, what, exactly, do insurance adjusters do? Insurance adjusters investigate claims to determine the total value of damages and establish liability. They are, effectively, the ones who determine how much the insurance company will offer in a settlement, if any at all.
A more pessimistic answer to the question is that insurance adjusters exist to reduce the amount of money insurance companies pay out from claims. Insurance companies are businesses, and they want to make money. They lose money when they pay large settlements, so adjusters investigate accidents to reduce the company’s own liability for paying.
More specifically, an insurance adjuster’s primary job duties are:
- Investigating Accidents. Adjusters will gather information about the accident, including police reports, eyewitness accounts, and photo/video evidence.
- Calculating Damages. A key part of an adjuster’s duties is determining the total extent of your losses, including medical bills, lost income, pain and suffering, and property damage.
- Establishing Liability. Adjusters also decide who is liable for the accident. This duty matters because if the adjuster assigns you partial fault, it will reduce your final settlement.
After investigating, the adjuster will usually offer a settlement. It’s important not to accept any settlement before your attorney has evaluated the offer. The reality is that the adjuster is an employee of the insurance company, so they will most likely offer less than what you deserve. An attorney can negotiate any offer to push for a higher settlement that covers more of your losses.
What NOT to Say to an Insurance Adjuster After an Accident
Most of the time, you will have to give the adjuster a statement, where they will ask you questions about your accident and injuries. Adjusters will use whatever information they can to reduce the insurance company’s liability, including the injury victim’s own statements and behavior. As such, you need to know how to talk to insurance claims adjusters and avoid any attempt to minimize damages or shift accident liability.
Don’t Admit Fault
The most important thing to remember is never to admit fault for the accident. If you say something that could implicate you, the adjuster will use that to reduce your settlement offer. Don’t say that you are sorry or share fault for the accident because you didn’t see the other driver, were driving fatigued, lost concentration, etc. It is very easy to say something that implies you are partially at fault without meaning to, so you must tread very carefully. If the insurance company judges you partially at fault, they will reduce the settlement offer according to the percentage of fault you share.
Don’t Talk About Your Injuries
If the adjuster asks about your injuries, refer them to your attorney. When attempting to describe your injuries, you may end up minimizing or exaggerating them — both of which are bad for your claim. You should also not give the adjuster direct access to your medical records. If they can freely look at your medical history, they might be able to dig up a pre-existing condition or previous injury they can use to dispute your claim. Rely on your attorney to present information about your injuries, diagnoses, and prognosis.
Don’t Speculate About the Accident
The adjuster will probably ask you questions about the accident. You must not try to describe any events that you did not directly witness and experience. Speculating about the accident opens avenues to shift blame onto you. If you don’t know the answer to a question, you can tell the adjuster you don’t know. Your attorney can go over common adjuster questions with you so you know how to answer them.
Don’t Let Them Record Your Statement
It’s typically good practice not to give the adjuster a recorded statement. Adjusters might pressure you into recording a statement, and it’s very easy to contradict or undermine yourself on the spot like that. You can’t rescind something on the record, so if you make a mistake, it may come back to complicate your claim. You can provide them with a written statement instead of a recorded statement, making it harder for them to take you out of context.
Tips for Dealing With Insurance Adjusters
As a general rule, you shouldn’t talk to an insurance adjuster unless your attorney is also there. Below are some other tips for dealing with adjusters and their tactics.
- Save copies of all emails and correspondence with the adjuster. If there is a dispute, you can refer to the written and time-stamped record of communications.
- Your attorney should perform a parallel investigation to verify the adjuster’s claims and determine if discrepancies exist.
- Study the relevant policy. Adjusters might try to misrepresent what kind of coverage the policy provides.
- Remain polite and respectful. You won’t be doing yourself any favors if you are hostile to the adjuster and argue against them. If you have problems, consult with your attorney about a solution.
- Be proactive with communication. If you get a message from the adjuster or company, respond promptly with the correct documents or information.
Personal Injury Representation in Greenville, South Carolina
Insurance adjusters will use every advantage they can to shift the responsibility for paying away from the insurance company. Hire a lawyer from our law firm who can counter their attempts to minimize your injuries and hold them accountable if they attempt to dispute or deny claims. Trust the team at Maxey McFarland Law to stand up on your behalf and push back on their tactics. Check out our recent case results. Contact us online or call (864) 900-4231 today to speak to a Greenville personal injury attorney for free.
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