Ten Tips for Talking to an Insurance Adjuster

If you or a loved one has been injured in an accident, you will probably get a call from an insurance company. This is an important conversation that may limit your ability to recover compensation. Before you speak to an insurance company representative, please contact a skilled car accident attorney at Jacobs, Grudberg, Belt, Dow & Katz P.C. and review the information below.

Here are ten things the adjuster probably won’t tell you.

Q. This accident was not my fault and I got hurt. What can I expect from the other driver’s insurance company?

A. The other driver’s insurance company will probably call you. The adjuster might offer to pay your medical bills and lost wages to get a quick settlement. Do not accept. You should finish your medical treatment before you settle. Also, the insurance company must compensate you for pain and suffering and permanent injury. Medical bills and lost wages alone is an unfair offer, calculated to take advantage of what you don’t know about the law.

Q. The adjuster says if I don’t get back to him in a week, he will close his file. Can he do that?

A. The adjuster can “close his file,” but he cannot cut off your right to bring a claim by closing his file. In other words, “closing the file” is a meaningless threat. Your rights are not affected when he closes his file. Your rights may be affected, however, if you wait too long to bring your case.

Q. Is there a time limit for me to bring a claim?

A. Yes. It is very important to know that in Connecticut you usually have two years from the date of a car accident to bring a lawsuit. Under certain circumstances—for example, if a municipality is involved—you may have significantly less than two years. If you don’t bring suit in time, you will lose the right to bring it ever. If you think you are close a deadline, talk to a lawyer immediately.

Q. I am all confused. The insurance adjuster is talking about all different types of insurance: underinsured coverage, uninsured coverage, and liability insurance. What do I do?

A. There are many types of insurance. Depending on the circumstances, you may be entitled to benefits from more than one insurer, so be careful. The insurance adjuster who calls you probably represents only the liability insurance for the other driver. You very likely have underinsured and uninsured motorist coverage through your own policy.

Q. The insurance adjuster says the accident was partly my fault and says it should be a lower settlement. Is that true?

A. Possibly. Connecticut is a comparative fault state. If you are at fault for the accident, your recovery will be reduced. This is definitely a situation where a good lawyer can make a difference by investigating who was really at fault.

Q. In the past, my family has used a general practice attorney for wills and real estate closings. Is it really necessary to retain an attorney who only practices accident/injury law?

A. Yes. You really should retain someone who understands these cases. Personal injury law is becoming more complicated and specialized. We also have the resources to retain experts and staff more than one attorney to your case, if that is what your case needs.

Q. I thought about negotiating my claim on my own. How do I know the adjuster’s offer is fair and reasonable?

A. You don’t. The fair settlement value of your case depends on many things. Remember, the adjuster works for the insurance company – not for you. His or her job is to get the lowest possible settlement. Not only that, the adjuster has a legal team and a strategy to get the settlement lower, because the adjuster does this professionally. You don’t. An attorney on your side evens the playing field. Our job is to get the best possible result for you.

Q. Why does the insurance adjuster recommend that I not hire an attorney?

A. Probably because insurance settlements handled without an attorney are usually cheaper for the insurance company. Some people make settling their claim a “do it yourself” project to save money. Oftentimes, an attorney can point out rights and remedies you are entitled to which the insurance company is not obligated to tell you about. Injury law is probably not something you are well acquainted with -- but insurance companies certainly are.

Q. If I hire an attorney, does that mean my case will end up in trial?

A. No. Most cases are settled without a trial. In fact, less than 5 percent of cases actually end up in trial. But if the insurance company knows that you and your lawyer are not afraid of a trial, they will often pay you more money in settlements. Sometimes an attorney can have your case resolved by arbitration or mediation – both of which are much faster than a trial.

Q. The accident caused some serious injuries. The insurance adjuster wants me to sign a settlement now. Should I?

A. No. It’s almost always a big mistake to settle too soon. All medical bills past and future are needed to evaluate the claim properly. You need to understand the full extent of your injuries before you close out your case.

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Peter Indorf 2006, all rights reserved.