Outsmarting Insurance Adjusters: Common Tactics & How to Protect Your Car Accident Claim

After a car accident, dealing with insurance adjusters can feel like navigating a minefield. While they may seem helpful, their primary goal is to minimize the insurance company’s payout, potentially leaving you with less than you deserve. In 2022, the average comprehensive cost of a car crash with evident injuries was $232,000, according to the National Safety Council, highlighting the significant financial impact these incidents can have. Understanding common insurance adjuster tactics and how to protect your claim is crucial to securing fair compensation for your injuries and damages.

Common Insurance Adjuster Tactics

Insurance adjusters are trained to protect their company’s bottom line, and they employ various tactics to achieve this. Recognizing these strategies is the first step in outsmarting them.

Offering Quick, Lowball Settlements: Adjusters may offer a quick settlement soon after the accident, hoping you’ll accept before fully understanding the extent of your injuries and damages. These initial offers are often significantly lower than what your claim is truly worth. Resist the temptation of a quick payout and take the time to assess your damages fully.
Requesting Recorded Statements: Adjusters often ask for recorded statements shortly after the accident. While seemingly routine, these statements can be used against you later. Adjusters might ask questions in a way that leads you to inadvertently downplay your injuries or state facts that could be misconstrued to undermine your claim. It’s important to know that you are not legally required to provide a recorded statement without first consulting with an attorney.
Downplaying Your Injuries: Adjusters may try to minimize the seriousness of your injuries to reduce the compensation you receive. They might suggest that your injuries are pre-existing, not as severe as you claim, or that you’re exaggerating your symptoms. Seek medical attention immediately after your accident and follow your doctor’s advice closely to create a clear medical record that supports your case.
Denying Liability Hastily: Adjusters may quickly claim that their policyholder is not liable for the accident without conducting a thorough investigation. Counter this by gathering comprehensive evidence, including photos of the accident scene, witness statements, and police reports.
Delaying the Claims Process: Adjusters may deliberately delay the claims process, hoping that financial pressure or frustration will compel you to accept a lower settlement. Such stalling tactics can extend the time it takes for you to receive a payout, exacerbating the stress of managing vehicle repair or gathering medical records and bills without adequate compensation.
Requesting Excessive Documentation: Adjusters might overwhelm you by requesting extensive documentation, complicating your claim. They may ask for seemingly irrelevant documents or an exaggerated amount of detail that far surpasses what’s needed to evaluate your case. Keep a comprehensive record of all communication and documentation related to your claim.
Asking for a Medical Authorization: Adjusters may ask you to sign a medical authorization form, granting the insurance company access to your complete medical history, not just the records related to the accident. With your complete health record in hand, adjusters may try to attribute your injuries to pre-existing conditions rather than the accident itself.

How to Protect Your Car Accident Claim

Protecting your car accident claim involves taking proactive steps to build a strong case and avoid common pitfalls.

Seek Immediate Medical Attention: After an accident, some injuries may not be immediately visible, such as internal trauma or soft tissue damage. Seeking prompt medical attention ensures that all injuries are properly diagnosed and documented.
Document Everything: Thorough documentation is crucial for building a strong claim. Take photos and videos of the vehicle damage, the accident scene, and any visible injuries. Collect contact details from witnesses and all parties involved. Keep thorough records of all related expenses, including medical bills, repair estimates, prescription costs, and proof of any wages lost due to time off work.
Communicate Carefully with Insurance Adjusters: Insurance adjusters are trained to minimize the amount paid out on claims. Anything you say to them can be used to weaken your case. Always stick to the facts when communicating with adjusters. Avoid speculation about what caused the accident or the severity of your injuries. Do not provide a recorded statement without careful consideration or legal advice.
Don’t Admit Fault: Avoid even casual statements like “I’m sorry” or “I should have seen it.” Insurance claims adjusters will take casual statements like this as “proof” of you admitting at least partially fault.
Don’t Sign a Blanket Medical Release: Be wary of signing any document that gives the adjuster access to your full medical history. Only provide records related to your accident injuries.
Know Your Policy Limits: Every insurance policy has a maximum payout. Knowing these policy limits sets the ceiling for your negotiation.
Don’t Settle Too Quickly: Insurance companies often offer quick settlements to close the case before the full extent of your injuries and damages become apparent. Resist the urge to accept the first offer, especially if you haven’t reached maximum medical improvement (MMI).
If Your Claim Is Denied, Don’t Give Up: Read the denial letter carefully, gather your documentation, review your insurance policy, request the claim file, and document everything moving forward. Don’t accept the first answer.
Consult an Attorney: One of the best ways to deal with insurance adjusters is to let your personal injury attorney handle as much of the communication as possible. A good lawyer can represent you in discussions and negotiations with the insurance company. They can also ensure that you’re fully prepared any time you do have to speak with an adjuster.

Maximizing Your Car Accident Settlement

To maximize your car accident settlement, it’s essential to understand the factors that influence the value of your claim and take steps to strengthen your case.

Calculate Economic & Non-Economic Damages: Calculating the value of your car accident injury claim involves two primary components: economic and non-economic damages. Economic damages are the tangible, financial losses you incur as a result of the accident such as medical expenses, lost income, and property damage. Non-economic damages, on the other hand, are more subjective and harder to quantify. They cover the emotional and psychological impact of the accident, including pain and suffering, emotional distress, and loss of enjoyment of life.
Preserve Evidence: The more you can do to preserve evidence, the greater the chance of winning your case is going to be. You should take photos of the accident scene and your immediate injuries if you’re able to. It’s important to try to collect names and contact information for witnesses. If there’s a police report, you will want to get a copy as soon as possible.
Build Your Case: Doing the work to build your case methodically can maximize your damages even if your case never goes to trial. This case preparation includes serving discovery demands to the other side and having your attorney conduct depositions or request records. You may need to be seen by various medical professionals, and your attorney might work with other expert witnesses to build the strength of your case.
Be Patient and Strategic: Rushing to settle often means accepting less than you deserve.

When to Involve a Car Accident Attorney

While it’s possible to negotiate with insurance adjusters on your own, there are situations where it’s in your best interest to involve a car accident attorney, including cases involving:

Severe injuries or permanent disabilities
Disputed liability or complex legal issues
Low settlement offers or bad faith insurance practices
The need for expert witnesses or accident reconstruction

Conclusion

Outsmarting insurance adjusters requires understanding their tactics and taking proactive steps to protect your car accident claim. By seeking medical attention, documenting everything, communicating carefully, and consulting with an attorney when necessary, you can increase your chances of securing fair compensation for your injuries and damages. Remember, you don’t have to navigate the claims process alone.