The adjuster is not on your side!
The larger your personal injury claim, the more likely the adjuster who contacts you will be nice and friendly. The smaller your claim appears to be to them, the more likely they may be to be rude and abrupt. Dealing with an insurance adjuster on a personal injury claim can be challenging in these situations. If you were hurt in an accident in Texas, call our Houston personal injury lawyers for help- (281) 587-1111.
Suppose an insurance company perceives that they have a significant loss exposure. In that case, the adjuster will most likely establish rapport with you and will seem helpful and fair- until the money is discussed!
One reason for significant damage claims is that the adjuster may be friendly and even appear helpful, but they may attempt to discourage you from hiring aย car wreck attorney. Some adjusters have said such things as:
โWe accept responsibility. โ
โYou donโt need to hire an attorney,โ or
โTheyโll just take part of the money.โ
There is a REASON the insurance company discourages you from getting representation, and itโs not to benefit you!
*Pro Tip
-Hire the best attorney you can early.
Insurance Company Tactic: Leaving the impression that the adjuster will fairly address your damages. Generally, the innocent victim mistakenly believes that when the insurance adjuster says things like โwe accept responsibility,โ it means the offer of damages will be fair.
Frequently, it is only after the adjuster discusses compensation that the personal injury victim understands that they need an attorney. Unfortunately, that usually happens many months after the auto accident. Several key steps to document the claim were not taken because the victim expected fairness from the insurer.
*Bonus tip:
โAccepting responsibilityโ does not mean a fair or reasonable settlement offer is forthcoming!
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 that they cannot process a claim unless you give a statement. This is not true in Texas for injury claims made to the other partyโs insurer!
Also, be wary of early offers or settlements when medical bills are โestimated.โ This lets the insurance company off the hook and can be a big mistake. A recent court case in Texas upheld an oral settlement agreement.
*Pro Tip:
-We recommend that you give no recorded statement to an adverse adjuster.
However, if you give a recorded statement to an adverse adjuster, be very careful what you say.
Insurance adjusters have been trained to take statements from individuals who have suffered personal injuries. Do not let them put words in your mouth.
A question such as โWhen did you first see the other vehicle?โ is a loaded question because it assumes you saw it before impact.
Another area of conversation that is frequently discussed and recorded in 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. At other times, one area hurts so badly that other medical problems may go undiagnosed. Avoid giving statements while taking medicine.
*Bonus tip:
If you give a recorded statement to the adverse adjuster, follow these guidelines
1. Never volunteer information.
2. Be truthful and concise
3. If you donโt know, donโt guess.
4. Qualify your answers when appropriate.
Watch out for insurance company tactics.ย
Adjusters often will seek to imply the claim is of little value or less than it might be. The adjuster may try to imply they have problems with the medical or that they feel you are partly to blame. Subtle statements about a claim can lower the victimโs expectations.
Donโt fall for it. Watch out for the tactics, whether the company is State Farm, Allstate, Geico, or another.
*Pro Tip:
-Talk with an experienced attorney about the value of your case, not the adjuster!
Understand that the adjuster will seek to pay little to settle the claim. If an adjuster can settle a case for pennies on the dollar, their supervisors will praise them.
If you are receiving negative vibes from the adjuster, it may signal that you should consider retaining an attorney. Numerous studies have shown that individuals represented by reputable attorneys earn more than those who attempt to represent themselves.
Pointing the Finger at You:
Seeking to apportion responsibility when the accident was caused by their insured. Using this tactic, many adjusters seek to discount the damages their insured has caused by claiming that the innocent victim was partly responsible. This is usually done even though the accident report shows the crash was caused by the negligent driver they insured.
Disputing Your Medical Care:
Discounting medical bills and expenses โ adjusters use this tactic to reduce the amount they need to pay. While Texas law limits the amount the victim can collect to amounts that are โpaid or incurred,โ many adjusters attempt to discount the paid or incurred bills by citing factors such as excessive, unnecessary, or disallowed expenses.
Occasionally, the insurance company will send out bills for an โaudit,โ where a representative suggests discounts on every bill they send.
These are only a few common trade tricks some insurance adjusters use to reduce the value of the claim they must pay. Unfortunately, personal injury victims are usually at a disadvantage because they are not used to the claims procedure and processes, and donโt understand the adverse positions of the parties.
Personal injury victims are encouraged to seek consultations with an experienced and reputable personal injury attorney before they attempt to deal with an adjuster regarding a personal injury claim.
Avoid settlement traps!
A few of the most common settlement traps are:
- Quick settlements
- Estimated future medical settlements
- Pressured settlements
- Pre-diagnosis settlements
- Disregarding medical liens.
Some adjusters attempt to pressure a personal injury victim into settling early, often before a clear diagnosis has been made of the injuries. Many victims have fallen prey to this tactic, and the consequences can be severe as the risk of a serious injury shifts from the insurance carrier to the victim.
It is a bad idea to settle before you know the extent of your injuries. Insurance companies do not pay medical bills while they are ongoing, and attempts to entice you into a quick settlement so that you can pay your medical bills are almost always a bad way to go.
Quick settlement offers with estimated future medical. Using this tactic, an adjuster will seek to close the file early and estimate potential medical expenses. Unfortunately, the insurance company also requires a full release of liability. If the damages turn out to be more serious or the medical bills are excessive, the innocent victim is left holding the bag with no real recourse.
Following a significant impact, such as anย 18-wheeler accident, ensure that your doctor has cleared you and is confident that you have fully healed before considering a settlement.
*Pro Tip:
-Consider potential medical paybacks if health insurance paid some amount or a hospital filed a lien.ย
Delays can hurt your case!
A delay in seeking medical treatment can damage a personal injury claim. The longer you wait for medical treatment, the larger the gaps in the treatment will be, making it difficult to settle your case out of court. And long delays between treatments can make it much more difficult to recover fair money from a jury.
The length of your injury case often depends on the nature of your medical treatment.
*Pro Tip:
-Follow your doctorโs orders and do not delay getting treatment.
If you cannot afford the necessary treatment, consult with your doctor or a personal injury lawyer about available funding options for your ongoing medical bills.
Delays in locating witnesses or obtaining necessary crash information can also hinder a case.
Take advantage of free consultations.
Most reputable personal injury attorneys offer free consultations to individuals who have been injured. Whether hiring an attorney or considering handling a car accident claim, taking advantage of a free consultation is a good idea, and there is no downside. Before you deal with State Farm, Geico, Progressive, or any other car insurer after an accident, talk with a lawyer.
The Texas Department of Insurance offers these tips for dealing with an auto accident claim.
*Pro Tip:
-Speak with several attorneys to find one you are comfortable with.
*Bonus tip:
Consult with a lawyer in the county where the crash occurred, rather than out-of-state attorneys. If you were injured in Houston, TX, look for a local attorney.
The more serious your injury, the more likely you need a lawyer.
Personal injury claims include more than just negotiating a number with the insurance company. The more serious your injuries and the larger your medical bills, the more likely you are to need a personal injury attorney to assist you.
If you have health insurance, your insurer will likely want to be reimbursed for the medical bills.
If your hospital bill hasnโt been paid, there probably is a hospital lien that will take the first money out of any settlement. Retaining an experienced and successful personal injury attorney for a more serious injury is a better choice. ย
Insurance adjusters attempt to discourage you from getting an attorney for a reason: to save money. Studies have shown that those represented by competent counsel net more money.
However, if you want to represent yourself, here are a few secrets you should know.
*Pro Tip:
-The larger the case, the more your choice of attorney matters; always research attorneys before you hire one.
Do not volunteer any information to the adjuster; tell your attorney everything.
Causal talk with any adjuster should be avoided. This includes discussing your injuries, background, prior claims or injuries, and the circumstances surrounding the accident.
The most innocent of comments can open up issues and come back to bite you if you are not careful.
If you hire a lawyer to handle your case, tell them everything, and let the attorney do the talking for you. Do not make the mistake of thinking that keeping something from your lawyer will help you; it will not, and it will hurt or kill your claim if your lawyer is unaware of the facts.
Many people do not disclose to their attorneys information they believe may harm their case. They donโt know that the defense attorneys most likely already know the facts. This is particularly true with prior injuries or accidents.
*Pro Tip:ย
-Tell your attorney everything because it is the only way they can effectively help you.
Contact a Houston Personal Injury Lawyer at Baumgartner Law Firm for Help
Contact a top-rated Houston personal injury lawyer at Baumgartner Law Firm for more information by calling (281) 587-1111.
Baumgartner Law Firm
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6711 Cypress Creek Pkwyย
Houston, TX, 77069
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(281) 587-1111
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