Menu Contact
Green, Waters Ogle and McCarter
Put our years of litigation experience to work for you
Call: 865-429-3600 today

No, the Insurance Adjuster is not your friend.

insurance
  1. The adjuster is not your friend. Seriously, they're not.

The more significant the damages are in your car accident case the more likely it is that the adjuster contacting you will act like your friend-- at least at first. If the adjuster believes the value of your injury claim is below $5,000.00, they are more likely to be rude and abrupt. (Many of my clients relay in our initial consultation that the adjuster handling their claim actually hung up on them more than once.) If an insurance company perceives that they have a significant loss exposure, the adjuster is most likely going to establish rapport with you and will seem helpful and fair at least until they start talking about money.

One reason on high damage injury claims that the adjuster may be friendly and even appear helpful is that they want you to trust them when they tell you, "you don't really need to hire an attorney. They'll just take part of your money". The adjuster does not want a claimant to have an advocate that understands the in and outs of the claims process-- that would make it more difficult for them to settle the claim for a fraction of its actual value.

2. When an adjuster says "We accept responsibility" it does not mean the adjuster will make a fair or reasonable settlement offer to resolve your claim.

Helpful Hint: Insurance adjusters commonly use phrases such as "We accept responsibility. ", or "We are going to take care of you." to imply they will fairly compensate an injury victim for his or her damages.

Generally, the innocent victim mistakenly believes that if the insurance company accepts responsibility then the company has a duty to fairly compensate the victim for his or her damages.

Frequently, it is only after the adjuster actually discusses compensation that the personal injury victim realizes that they need an attorney. Unfortunately, that usually happens many months after the accident and many things that should have been to document the claim, have not been done because the victim expected fairness by the insurer.

3. What you say can hurt you!

Insurance adjusters will want to take recorded statements from a personal injury victim soon after a car crash. Some may even suggest they cannot process a claim UNLESS you give a statement. This is not true in Texas for injury claims made to the other party's insurer!

Helpful hint: It's not a good idea to give a recorded statement to an adverse adjuster after a car accident.

However, if you give a recorded statement to an adverse adjuster be very careful what you say.

The insurance adjuster handling a car accident claim has several huge advantages when dealing with a unrepresented claimant. Adjusters have usually handled 100s of accident claims. They have been trained in how to take statements from personal injury victims that illicit information from the victim that hurts their injury claim. Do not let them put words in your mouth. A question such as "when did you first see the other vehicle" is a loaded question because it assumes that you saw the other victim vehicle prior to impact.

Another area of conversation that comes up and recorded statements is the extent of injuries. Sometimes, a victim may not know the extent of their injuries until a day or two or even later. Other times one area hurts so badly that other medical problems are not identified. Also, be weary of an adjuster that asks you if "You are OK?" Many of my clients have had an adjusters justify low ball settlement offers by saying "You said yourself you were OK when I spoke to you immediately after the accident." Avoid giving statements while taking medicine.

Helpful Hints: If you give a recorded statement to the adverse adjuster, follow these guidelines 1. Do not volunteer information. 2. Do be truthful and concise 3. Don't guess if you're not sure. 4. Qualify your answers when appropriate.

No Comments

Leave a comment
Comment Information
Email us for A response

Free Case Evaluation

It’s easy. Tell us about your case. Our attorneys will review and get back to right away.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Green, Waters Ogle and McCarter

Office Address:

Office Number:

117 Court Avenue
Sevierville, TN 37862

Phone: 865-280-1124
Phone: 865-429-3600
Fax: 865-429-3644
Sevierville Law Office Map