Bad Faith: Insurance Adjusters

Insurance adjusters are not there to befriend you they have a job to do. They work for the insurance company, and they are 100% focused on paying you as little money as possible. The investigator or adjuster from the other side’s insurance company may be very pleasant, appear to be concerned about you, and even try to be your friend.

In actuality, he or she may be a wonderful person, but always remember his or her job is to protect the insurance company, or to find a reason NOT to pay you, or if they must, to make sure you receive as little as the insurance company can possibly get away with paying. Ideally, they want to try to “make the matter go away.” Most adjusters are taught that the best way to making cases go away is to control, you, the claimant. They do this by being friendly, or by being mean, depending on what they think will work best on a given individual.

The investigator or adjuster may tell you how difficult it would be to recover more for your injuries (“If I were you I’d accept this. You’ll never get more and the courts have a 3 year back-up”), and try to discourage you from hiring a attorney (“By the time you pay a lawyer you’ll end up with no more than if you just take this today…”). In addition, he or she may try to get you to minimize the nature and extent of the pain, the impact of any permanent injury, or to accept full or partial responsibility for the accident when it was not your fault (“I guess you should have paid more attention”). Those are classic insurance adjuster tricks that should be ignored.

• Defects in your car caused the accident
• You did not receive treatment until weeks after the accident
• Medical records show that you exaggerated the injury
• Minor damage was done to your vehicle
• No complaint of pain at the scene of the accident
• Some other person, or you, was partly responsible for the accident.
• You weren’t wearing your seatbelt
• Medical records show that you had the condition before the accident
• No police report and no witnesses
• No request for medical care at the scene of the accident
• You missed a lot of work time before the accident

Just because an insurance adjuster calls and talks does not mean you have to talk. Do not get into a discussion, no matter how tempted you may be to do so. Use the occasion to listen and when it’s over say: “I will think about it and get back to you.” You should always contact an attorney who is experienced in negotiating settlements with insurance companies to evaluate your case prior to any communication with the insurance company.

Insurance companies’ claims adjusters are professional negotiators, with extensive experience in intimidation, “hassling,” and using every psychological technique to maneuver a claimant into settling for the lowest possible dollar. They will also try to dissuade people from using the professional services of a lawyer. Never give an oral statement to the other side’s insurance company. If you do, it can negatively impact your chances of getting the compensation you deserve. Claims adjusters are hired because they come across as personable and compassionate, and they are extremely well trained by company lawyers to ask questions in a manner designed to hurt you and help them. Claims adjusters know that if they can keep a claimant negotiating, there is a high probability of a successful settlement in favor of the insurance company. You cannot beat experts at their game it is better to hire an attorney who has experience dealing with these types of claims.