After an accident, you will have to deal with an insurance adjuster. These individuals work on behalf of insurance companies to assess claims and determine settlements. But they are not working in favor; they want to minimize the payout for their insurance company.
During the negotiation stage, you need to know how to secure a fair settlement for your damages, medical expenses, lost wages, and other losses from the accident. Can you negotiate with an insurance adjuster after an accident? Here’s what you need to know.
The Role of an Insurance Adjuster
What does an insurance adjuster do? As the U.S. Bureau of Labor Statistics states, an insurance adjuster calling is a part of their job to determine the accident details. These employees will investigate claims, assess the damages, and determine a fair settlement amount from the insurance company’s perspective. While they may be courteous and professional, they are there to protect the interests of the insurer. Keep in mind that these adjusters are not there to work in your favor.
Can you negotiate with them? Yes, but you will want to have a plan in place to reach a successful outcome.
Make Sure to Prepare
When negotiating with an insurance adjuster, you need to be prepared. First, you will want to collect:
- Photos of the accident scene
- Vehicle damage
- Visible injuries
Along with that, you need to get copies of the police report, witness statements, and any repair or medical bills. With all this evidence, you can establish your claim’s legitimacy and provide you with a solid foundation for negotiations.
Don’t forget to document all of your losses. You will want to note all costs related to medical expenses, lost wages, property damage, and pain and suffering. When you calculate these costs, you can come up with a realistic demand amount.
Make a Reasonable Demand
The key to negotiation is to remain reasonable but confident. In most cases, the initial settlement offer from the adjuster will be lower than what you may deserve. You will want to present a well-supported demand that slightly exceeds your actual losses. With that, you create room for negotiation while remaining within a realistic range.
Now, you have the flexibility to negotiate down to an amount that’s acceptable to you without undervaluing your claim.
A common method is to use a multiplier and apply it to your economic damages. For example, if your medical bills and lost wages total $10,000, and you use a multiplier of 2, your non-economic damages would be $20,000, bringing your total demand to $30,000.
Expect Low Settlement Offers
Often, adjusters start negotiations with a low offer. They are hoping that you are willing to settle quickly without knowing your options.
If the initial offer is lower than expected, you will want to politely explain that the offer does not fully account for your damages. At this stage, you need to present your evidence, reiterate your demand, and explain how you arrived at that amount.
Counter Common Adjuster Tactics
Insurance adjusters may use a few tactics to reduce your payout or pressure you into accepting a quick settlement. For example, these individuals may suggest that your injuries are minor or unrelated to the car accident, especially if you delayed seeking medical attention. Sometimes, they may try to assign some of the blame to you.
In comparative negligence states, such as Louisiana, shared fault can reduce your settlement amount.
Work with a Personal Injury Attorney
After starting the negotiations, you might need some professional help to help get the settlement you deserve. A Baton Rouge car accident lawyer will have experience in dealing with insurance companies. Plus, they know the adjusters’ tactics and have the skills to counter lowball offers.
Additionally, having legal representation may prompt the adjuster to take your claim more seriously. With hiring an attorney, it does show you are prepared to pursue legal action if necessary.
Be Prepared for Court
While most insurance claims are settled outside of court, you should be prepared to file a lawsuit if the insurance company refuses to make a fair offer.
In these situations, you need to make sure you have all the communications with the adjuster, including emails, letters, and summaries of phone conversations. If you believe that the adjuster acted in bad faith or failed to negotiate fairly, you can use this evidence to back up your claims.
Finalize the Settlement
If you reach a settlement agreement, you will want to review the terms carefully before signing.
Once you accept a settlement and sign a release form, you forfeit the right to seek additional compensation. So, if unexpected medical expenses or damages arise later, you are out of luck.
You need to make sure the final settlement covers all your current and potential future losses related to the accident.
Can you negotiate with an insurer adjuster? The answer is yes, and it is an important part of the settlement process. However, you need to have preparation, patience, and a full understanding of your rights and damages.
If you need a legal team to negotiate on your behalf, remember that Bianca | Matkins is always here to assist.
