If you’re dealing with a personal injury, you’ve probably already begun to discover that dealing with insurance adjusters can be one of the most difficult parts of your recovery and personal injury claim. A personal injury lawyer in Atlanta can you give you specific advice based on the details of your case and take over communication with adjusters who are making it difficult for you to get the compensation you’re owed.
How Can You Handle Insurance Adjusters After a Personal Injury?
Understand Where They’re Coming From
Insurance adjusters work for the insurance company, not you. Their job is to investigate your claim and offer a settlement, the goal is often to make that settlement as low as possible. On the one hand, this is understandable, since an insurance company is a business and needs to make money. No good business can be profitable if it is wasteful with money.
On the other hand, an insurance company also has an obligation to keep its promises and honor its agreements. Ultimately, the thing to bear in mind is that you and the insurance company have completely different goals, which are actually at odds with each other.
When They Call
First, stay calm and polite. You don’t have to talk to the adjuster right away, especially if you’re still recovering or feeling stressed. Politely say you need time and will call back later. This gives you a chance to gather your thoughts and prepare. Never share details about your injury or the accident until you’re ready and have talked to a lawyer. Once you have a lawyer, you can simply refer all communication to them. This will take a huge load of stress off your plate and allow you to concentrate on recovery.
When and if you do talk to the adjuster, be careful what you say. Adjusters may ask if they can record you or ask specifically for a recorded statement, but you’re not required to give one. When you talk, stick to basic facts and avoid guessing at or admitting fault. Don’t say you’re “fine” or downplay your injuries, as this can be used against you.
Be Prepared
Document everything about your accident. Take photos of your injuries, the accident scene, and any property damage, like your car, if you’re at all able to do so. If you’re not able to get this information because of your injuries at the scene, ask a friend or a loved one to help or call a personal injury lawyer in Atlanta as soon as possible so they can get started gathering and preserving evidence.
Keep a record of all your medical visits, including your doctor’s notes, all bills, and any receipts for medications or other things you’ve paid for out of pocket. Finally, write down what happened in the accident while it’s fresh in your mind. These details will all strengthen your claim and make it harder for the adjuster to downplay your losses.
Respond to Settlements Carefully
Don’t accept the first settlement offer. Adjusters often start with a lowball offer hoping you’ll take it quickly. They realize that, early on, you might not be fully aware of what all your losses are going to be and what the long-term cost of ongoing medical bills or lost time from work will really cost you. They may also be hoping that you’ve just become so desperate for some cash that you’ll be willing to sign something, even if you know it’s not really going to cover your losses.
Always bring a settlement to your lawyer to review. Your lawyer will carefully compare it to your documented expenses and, if it seems unfair, reject it with an explanation of why, backed up with evidence. Your lawyer can also help you think through and explore options for how to pay bills and deal with expenses if you are finding that money is tight during this time.
Get Everything in Writing
Even if an adjuster does call you, and you choose to talk to them, make sure that you insist that everything be sent to you in writing. Don’t agree to anything over the phone: thank them for giving you the information and tell them to please send it all to you by email or letter, including any offer they have, any questions they want to ask, and any agreements they want you to sign.
The point here is to create a paper trail so there can’t be any misunderstandings later. When you respond to them, do it in writing, as well. Asking for everything in writing also allows you the chance to show things to your lawyer. Above all, do not sign anything at all until you’ve talked to your lawyer. You may be signing away your right to get more compensation or to bring a lawsuit if the insurance company won’t properly negotiate.
Key Tips to Strengthen Your Position with Insurance Adjusters in Georgia
Having a Personal Injury Lawyer in Atlanta
The most important way that you can protect yourself is by having a personal injury lawyer. Dealing with insurance adjusters can feel like being at a poker game where the other side holds all the cards, but you can level the playing field by getting an experienced attorney on your side. Your attorney will manage your case and also take over all communication if you want them to.
Properly Calculate All Your Losses
You won’t be able to talk effectively with the insurance company if you don’t fully understand your losses. It starts by having a clear picture of your injuries. Visit a doctor as soon as possible after the accident, even if you feel okay, because some injuries, like whiplash or concussions, don’t show up right away. Follow your doctor’s orders and keep every appointment so it’s clear you’re taking your recovery seriously and doing everything you can to get better.
You’ll also need to track everything that you’ve lost because you haven’t been able to go to work. Document every missed day, and get a letter from your employer stating your hourly rate or salary and the hours you couldn’t work or other losses you’ve had (such as lost progress towards a now-forfeited bonus, for instance). This shows the adjuster exactly how the accident has hurt your income and makes it harder for the insurance company to lowball you.
Be Patient
Patience wins the day in these situations. The adjusters may even be counting on you to become impatient as a way of leveraging you into signing something that is not in your best interest. Stay firm and keep following up.
Be Careful What You Say
Don’t share too much on social media or even to friends and family. Adjusters often check the online activity of accident victims trying to find posts or photos that could weaken the claim. Avoid posting about your accident, injuries, or activities like vacations or workouts.
Don’t Fear the Word “No”
Know when to say no. If the adjuster’s offer doesn’t cover your medical bills, lost wages, and pain, you can and should reject it. Your lawyer can write a letter explaining why the offer is too low, using your documented costs as proof, and then propose a higher amount based on your losses.
