Understanding Insurance Adjustment Tactics: How to Protect Your Rights After a Personal Injury
After suffering a personal injury, whether from a car accident, slip and fall, or other incidents, dealing with insurance companies can be one of the most challenging parts of the recovery process. Insurance adjusters often seem helpful, but their main goal is to minimize the amount paid out on claims. Understanding their tactics can help you avoid common pitfalls and secure the compensation you deserve. This blog will explore common insurance adjustment tactics and offer tips to protect your rights.
1. Common Insurance Adjuster Tactics
Insurance adjusters are trained professionals who work for the insurance company—not for you. Their job is to settle claims for as little as possible. Here are some of the most common tactics they use to achieve that goal:
a. Quick Settlement Offers
One of the most common tactics adjusters use is offering a quick, low settlement shortly after your injury. They know that you may be facing financial pressure due to medical bills or lost wages, and they hope you’ll accept the first offer without realizing the full extent of your injuries.
Why It’s Dangerous: Injuries often worsen over time, and accepting a quick settlement before you know the full impact can leave you without enough compensation for future medical expenses or lost wages.
How to Protect Yourself: Don’t accept any settlement offers before you’ve fully understood the scope of your injuries and consulted with a personal injury attorney.
b. Minimizing Your Injuries
Adjusters may attempt to downplay the severity of your injuries. They might question whether the injuries are as serious as you claim or suggest that they were pre-existing. This tactic is designed to reduce the value of your claim.
Why It’s Dangerous: If the insurance company successfully minimizes your injuries, they’ll offer less compensation, leaving you responsible for medical bills and other expenses.
How to Protect Yourself: Always seek immediate medical attention after an injury and follow your doctor’s treatment plan. Keep thorough documentation of your injuries and treatment, including medical records, prescriptions, and doctor’s notes.
c. Asking for a Recorded Statement
An insurance adjuster may ask you to provide a recorded statement about the incident. While this may seem like a routine request, they’re often fishing for statements that can be used against you later. They may ask leading questions to try to get you to admit fault or downplay your injuries.
Why It’s Dangerous: Anything you say in a recorded statement can be used to dispute your claim, even if it’s taken out of context.
How to Protect Yourself: Politely decline to give a recorded statement without consulting your attorney. You’re not legally required to provide one to the at-fault party’s insurance company.
d. Shifting Blame
Another common tactic is to try to shift the blame for the accident onto you or another party. Adjusters may argue that you were partially responsible for the accident, which can reduce or eliminate the amount of compensation you receive.
Why It’s Dangerous: In Nevada, the rule of modified comparative negligence applies, meaning that if you’re found to be more than 50% at fault, you may not recover any compensation. Even if you’re less than 50% at fault, your compensation can be reduced proportionately.
How to Protect Yourself: Stick to the facts when discussing the accident and avoid accepting any responsibility until the full circumstances are clear. An attorney can help you dispute false claims of negligence.
e. Delaying the Claim
Insurance companies may intentionally delay the claim process, hoping you’ll become frustrated and accept a lower settlement just to resolve the case. They know that financial pressures can build up after an injury, especially when medical bills and lost wages are involved.
Why It’s Dangerous: The longer the insurance company drags out the process, the more likely you are to accept a lowball offer. Additionally, delaying medical treatment or documentation can weaken your case.
How to Protect Yourself: Be proactive about following up on your claim. If the insurance company is delaying unnecessarily, a personal injury attorney can push for faster resolution and, if necessary, take legal action.
2. What to Do If You Encounter These Tactics
If you suspect that the insurance adjuster is using any of the above tactics, it’s important to take steps to protect your rights and ensure you receive fair compensation:
- Consult with a Personal Injury Attorney: An attorney who specializes in personal injury law can guide you through the claims process, negotiate with the insurance company, and ensure that you’re treated fairly.
- Document Everything: Keep detailed records of your medical treatment, conversations with the insurance company, and any evidence related to your case (such as photos from the accident scene or witness statements).
- Don’t Rush to Settle: Take the time to fully understand the extent of your injuries before accepting any settlement offer. A quick settlement is rarely in your best interest.
- Understand Your Policy: If you’re dealing with your own insurance company (such as in a first-party claim), make sure you know the terms of your policy and what coverage you’re entitled to.
3. Why You Need Legal Representation
Insurance companies have vast resources and experienced adjusters whose job is to protect their bottom line. Without legal representation, you may be at a disadvantage when negotiating a settlement. A personal injury attorney can level the playing field by:
- Assessing the Value of Your Claim: An attorney can evaluate all aspects of your injury, including medical bills, lost wages, future care needs, and pain and suffering, to determine the full value of your claim.
- Negotiating with the Insurance Company: Your attorney can handle all communication with the insurance adjuster, ensuring that you don’t fall victim to any of the common tactics.
- Taking the Case to Court: If the insurance company refuses to offer a fair settlement, your attorney can file a lawsuit and represent you in court.
4. Conclusion: Don’t Let Insurance Adjusters Take Advantage
Dealing with an insurance adjuster after a personal injury can be stressful, especially if you’re trying to recover from an injury. By understanding the tactics they use and knowing how to protect yourself, you can improve your chances of securing fair compensation. Consulting with a personal injury attorney early in the process can help ensure that your rights are protected and that you receive the compensation you deserve.
If you’ve been injured and are dealing with an insurance company, contact a personal injury attorney today to discuss your options and safeguard your claim.
