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(281) 587-1111
(281) 587-1111
August 3, 2022 by Greg Baumgartner
The number of telephone calls we get with the same complaint is unbelievable. The “adjuster will not return our phone calls.” Many people do not want to hassle with the insurance claim and want some recognition that their claim will be paid and some semblance of fairness.
Unfortunately, insurance companies for adverse drivers rarely operate on that basis. It is important to understand that this is probably not personal on the adjuster’s part. Still, they are overloaded with cases and saddled with a system designed to slow down injury claims and reduce the number of claims. The insurance company may not matter whether State Farm, Geico, or another auto insurance provider.
Here are a few tips for dealing with an adjuster on a car accident claim.
If you have been in a car wreck that was not your fault, you probably have many pressing needs. For example, the repair or replacement of your vehicle, alternative transportation, and help with your medical bills and lost wages if you have been injured. Adjusters will not pay most claims or take action until they have spoken with the insured. This requirement usually delays the claims process and leads to hard feelings by the victim.
Often, the adverse adjuster wants a statement from you first.
Giving a recorded statement to the adverse insurance adjuster is almost always a mistake
personal injury lawyer Greg Baumgartner
If the adjuster has not gotten their own insured’s side of the story, the case can be stalled in most cases, or you may get a lowball offer. Exceptions would be if the insured is in jail and arrested for drunk driving, the adjuster may proceed with the case. Getting a drunk driving accident lawyer is recommended, though.
One mistake our auto accident injury attorneys see frequently is the mistaken assumption that when the other guy’s adjuster “accepts responsibility,” they will offer fair compensation.
Adverse insurance companies aim to settle a clear liability case for as little as possible. Not returning phone calls is simply one tactic adjusters use to reduce payout expectations.
Hopefully, you will have “full coverage” on your Texas auto policy, and a review of your policy to determine your coverage should be a step you would consider when the adjuster does not return your telephone calls.
If you have Personal Injury Protection (PIP) under your own automobile insurance policy, that will help you with medical bills and lost wages up to the amount of the policy limit. That protection should cover not only yourself but your passengers as well.
Look to see what coverages you have related to “Collision,” such as rental car reimbursement, and what your deductible is for your own property damage. If the adjuster for the negligent driver will not return your call, there are two main strategies.
The first is the squeaky wheel strategy, which dictates that you frequently call to put your name at the head of the list for the adjuster to return your call. Many insurance adjusters have more cases than they can handle, and the squeaky wheel approach is usually effective.
Always be nice to the adjuster. Even when aggravated by inactivity, the old saying “you catch more flies with honey” applies in this situation. It costs nothing to be nice, which may help your claim get addressed quicker. Being nice does not mean agreeing to inadequate compensation or not standing up for yourself.
Always be nice to the adjuster it costs you nothing and can help your claim
When considering filing a lawsuit, there are various factors to consider. One important consideration is the deadline set by the statute of limitations, which determines how long you must initiate legal action. In Texas, personal injury claims are typically barred two years after the accident. Filing a lawsuit before this deadline can help you preserve and keep your claim legally viable.
Initiating a lawsuit involves formally submitting a petition to the court, prompting the opposing party to provide a written answer. This process can apply time pressure on the insurance company or the opposing party, pushing them toward a timely resolution. It’s crucial to note that filing a lawsuit doesn’t necessitate a trial proceeding; it is still possible to reach a settlement and withdraw the lawsuit if both parties agree.
One significant advantage of filing a lawsuit is engaging in court-supervised pretrial discovery. This process allows for gathering valuable evidence, often considered a treasure trove for your case. Through pretrial discovery, you gain access to legal tools and mechanisms that can aid in obtaining relevant evidence to strengthen your position.
It’s worth mentioning that in cases where the opposing party refuses to cooperate with the discovery process, the court can intervene and order them to comply. The mere prospect of dealing with pretrial discovery requests and the potential impact of additional evidence on settlement negotiations can often incentivize insurance adjusters or the opposing party to make more generous settlement offers.
But, if you file a lawsuit and are not represented by counsel and the party you sued has an attorney, you are at a huge disadvantage. Experienced attorneys are needed for the best results in litigation.
In summary, one should consider filing a lawsuit when faced with imminent statute of limitations deadlines or when the benefits of engaging in court-supervised pretrial discovery outweigh the potential drawbacks. A lawsuit can exert pressure on the other party, pushing them towards a settlement, and it provides an avenue for evidence gathering that can significantly strengthen your case. However, if you are not represented in the lawsuit by an attorney and the other party is, you are at a major disadvantage.
Another approach is to deal with your insurance company for property damage and personal injury protection claims. Because it’s your own insurance company, you will generally receive much better treatment. Many insurance companies like State Farm deal with their own insured in a more friendly way than they would otherwise.
If you are out of your own deductible, make sure you ask your insurance company in writing to “sue for or otherwise collect” your deductible from the driver who caused the accident. Your insurance company is used to handling insurance claims. It is often better to let them deal with the adverse insurance company on your property damage. You should receive a check from your insurance company for reimbursement if they collect your deductible.
If all else fails, ask to speak with a manager. Be wary of looking too negative, and explain your need for a response from the company. Please know that the adjuster will not pay a claim until they have satisfied themselves as to liability on their insured.
Dealing with an adjuster requires patience and preparation.
Filing a complaint with the Texas Department of Insurance should be a last resort and only if the adjuster who will not respond to a claim is from your insurance policy. The other guy’s insurance company, generally, has no duties to respond to you, and filing a complaint against the other guy’s carrier will not bear fruit with TDI.
If you have been seriously injured, you should consider talking to a personal injury attorney early in the claims handling process, certainly before giving any documents or statements to the adverse driver’s insurance company. Most Houston law firms handling accident cases offer free consultations, and it is a good idea to call one and take advantage of that offer.
Frequently, the first time a car accident victim realizes that they probably need a lawyer, the damage has already been done to their claim. Which is usually after the insurance adjuster makes a settlement offer. The longer you go in the claims handling process without representation, the harder it will be to retain a top personal injury attorney in Houston.
This is a situation in which what you don’t know can hurt you. Call Baumgartner Law Firm and let us fight for the compensation you deserve.
Our firm offers FREE no-obligation consultations on injury claims if you visit Houston.
If you were hurt in a crash in Houston. For a no-obligation consultation, call the auto injury lawyers in Houston at Baumgartner Law Firm at (281) 587-1111.
6711 Cypress Creek Pkwy, Houston, TX, 77069
(281) 587-1111
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Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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