Should You Talk to an Insurance Adjuster after an Accident?
When a negligent driver crashes into your car, you have a lot to think about. If you’re injured, you’ll need medical treatment right away. You must also address an issue that will affect the outcome of your injury claim. “Should I talk to an insurance adjuster after an accident?” A claims adjuster will likely contact you before you’re ready to deal with them. Before they do, you must think about your options.
Liability insurance adjusters are always on a deadline to produce results. They call before you have time to adjust to your newly-injured circumstances. They visit your hospital room, knock on your door at home, or keep calling until you answer your phone. They ask you questions without considering that you may be in pain or on medication.
Before the claims adjuster calls
You can take steps to protect your rights before the negligent driver’s claims adjuster calls. When you contact a car accident lawyer, a seasoned legal professional can schedule a complimentary consultation. You can discuss your accident and take steps to protect your legal rights.
A few things you should know about insurance claim adjusters
Contrary to popular myths and rumors, most insurance adjusters are nice, polite, and professional. That persona isn’t necessarily fake. It’s more about the old “…catch more flies with honey…” metaphor, where you are the fly and the adjuster is the honey.
Adjusters don’t usually fit neatly into the aggressive, pushy guy stereotype. Deloitte’s Recent Data USA statistics confirm that 59.8 percent of claim adjusters are female. Whether you see that as positive or negative, it can affect your reactions to the person investigating your claim.
Whatever it takes
Adjusters present themselves in non-threatening ways, especially during the initial claim handling stages. If you welcome them into your home, they may shake your hand, smile, chat amiably, and sip your coffee if you offer them a cup.
They usually come across so kind and trustworthy, you must remind yourself why they’re there. They are claim investigators. They need information to evaluate their insured’s liability exposure and set an accurate loss reserve.
Adjusters remain pleasant enough to keep you cooperative and engaged in conversation. If they can’t get what they need from you, they look to other resources.
- Talking to your friends and neighbors
- Monitoring and videotaping your activities outside your home
- Running credit checks
- Conducting social media investigations
Their job requires them to do whatever it takes to get whatever they need.
How to become an insurance adjuster in Connecticut
An adjuster can be the person who appraises your car damage, someone who handles your medical claim, or the person who estimates your home damage. The insurance adjuster after an accident who shows up asking questions about your accident-related injuries is a Casualty Adjuster.
As an insurance company claim employee, it’s their job to investigate, evaluate, and negotiate your injury liability claim. To fill any of these adjuster roles, a candidate must comply with Connecticut General Statute guidelines.
The CT Department of Insurance assumes responsibility for implementation. They ensure every adjuster meets these statutory requirements:
- Is of “…good moral character and…financially responsible…”
- Submits an application listing relevant lines of insurance
- Meets non-resident reciprocity standards: a valid license in another state
- Pays a filing fee
- Passes the adjuster license examination
- Shows knowledge of insurance, claim duties, and adjuster responsibilities.
The CT Department of Insurance requires no formal adjuster education, however they provide a list of training resources. Some companies hire only college graduates to handle injury claims, while others have lesser educational requirements. Insurance adjusters also receive training through insurer in-house programs.
This usually includes basic insurance knowledge. Trainees also learn their employer’s claim handling strategies, standards, and traditions. Adjusters supplement their knowledge with on-the-job training.
Dealing with an insurance adjuster
When you deal directly with an insurance company, the claim process usually starts out pleasantly enough. Sadly, you have no idea how it will end. Before you agree to a conversation, you must remember that a liability adjuster represents the other driver, not you. The person who treats you so respectfully in the beginning may eventually send you an impersonal letter, denying liability for your claim.
It’s their job
When an injured victim sustains serious injuries, insurers pressure their claim staff to immediately evaluate liability, damages, and the potential for high-dollar claims. Adjusters work to keep you engaged because it helps them meet their immediate goals:
- Get as much information as possible without making a commitment to pay
- Get your written permission to obtain your medical records
- Control the relationship so you won’t feel the need to seek legal help
- Evaluate you as a potential witness on your own behalf
- Observe you to see how well you function with your stated injuries
Why you should never agree to a recorded statement
Your version of an auto accident is critical to a liability adjuster’s investigation. They could write down what you tell them, but they prefer recorded, first-hand accounts. Once you give a recorded interview, you can’t change your mind about what you said.
When an adjuster takes your recorded statement, the process allows them to concentrate and think about relevant questions. They can play the recording over and over, listening for contradictions and subtle clues they might have missed.
Recorded statements preserve your accident version digitally. An adjuster can convert it into a printed or digital transcript for use as future evidence.
The adjuster might not call it a recorded statement
In most situations, if an adjuster records you without your permission, law enforcement authorities may consider it eavesdropping or wire-tapping. This can lead to penalties under Connecticut’s criminal and civil statutes, as well as federal codes. Your instincts might also warn you that you shouldn’t allow an adjuster to conduct a “recorded statement.” That’s why a seasoned adjuster usually avoids that phrase.
Instead of asking to take your “recorded statement,” they may use a phrase that sounds less formal or intrusive. They may ask to “discuss your accident” or “do an interview.” If you say yes, they may ask politely, “Do you mind if we record our conversation?” After agreeing to the discussion, you might feel uncomfortable saying no.
Just say No!
Whatever an adjuster chooses to call it, never agree to an interview, discussion, or statement, neither in person nor on the phone. In fact, you shouldn’t answer any questions from an insurance adjuster after an accident without understanding the legal implications. Why?
- If you’re on medication, you might misunderstand the question and answer inappropriately.
- If you don’t understand the legal issues, your answers might prompt the adjuster to deny your injury claim.
- Based on your statement, the liability carrier may decide to set up a subrogation claim, seeking reimbursement from you for their insured’s paid claims.
- You might say something that jeopardizes your insurance company’s claim investigation.
You may deal with multiple adjusters
The insurance adjuster who investigates your claim is usually an insurance company employee. This isn’t always the case. When insurers don’t have the resources to hire or maintain a full time staff, they outsource their investigative duties to independent adjusters.
Whether you’re dealing with an insurance company employee or an independent, that person might not be around when it’s time to settle your case. This happens for several reasons.
- Insurance claim departments have high employee turnover: Research consistently shows that property and casualty insurance companies deal with high claim department turnover rates. This can result in case shuffling. One person makes initial contact and investigates your claim. Another takes over, maintaining updates for a while. A different adjuster eventually negotiates and resolves your claim.
- Graduated authority: Until an insurance company knows that you have a serious injury, they may assign your case to a less experienced insurance adjuster after an accident. That person may make contact and conduct the initial investigation by phone. Once they understand that you have serious or catastrophic injuries, a supervisor usually assigns your case to someone with more experience.
- Independents have limited authority: Insurers often hire independent adjusters, solely to conduct investigations. As they aren’t insurance company employees, they might not have authority to negotiate or pay an injury claim. Independent adjusters typically turn their investigations over to the insurer. After that, you deal with an adjuster who has the authority to make decisions.
Adjusters don’t always offer settlements
During your initial conversations with an adjuster, they probably won’t tell you if they plan to offer you a settlement some day. Sometimes they tentatively decide liability issues based on their insured’s initial claim report. They won’t inform you of their decisions not to pay you until they’ve completed their investigation.
Asking is the best way to find out an adjuster’s settlement intentions. When you ask, they will usually respond in a way that avoids the appearance of deception or bad faith.
Who will negotiate your settlement?
Claim employee retirement and voluntary turnovers often result in the loss of experienced adjusters. Long term adjusters usually have more autonomy and higher authority in handling injury claims. When a new person takes over your case, it often means you’ll be dealing with an inexperienced adjuster with minimal or no authority.
By the time you want to resolve your case, you will likely have dealt with two or more different adjusters. Each successive claim handler may be less experienced than the previous one. This can affect you in several different ways.
- Inexperienced adjusters won’t necessarily understand legal issues and injury values.
- They usually have limited experience and minimal to no settlement authority.
- They need time to learn decision making and the value of closing cases.
- New adjusters don’t usually have the confidence to investigate, evaluate, or settle an injury claim.
- If a company authorizes an independent adjuster to negotiate your settlement, the insurer usually maintains strict control over the process.
Adjusters are sometimes clueless about claim settlements
When a liability insurer decides to offer you a settlement, you have no way of knowing if it’s reasonable. Frequently, neither does the negotiating adjuster. Many insurance companies rely on claim evaluation software to tell them what to pay.
In some companies, claim committees and managers decide values for serious or catastrophic injuries. In many high dollar cases, the adjuster simply conducts the negotiation.
A few words about self-insured company claims adjusters
The overall claim handling issues are a bit different when a self-insured entity injures you. Self-insured companies are usually big companies who don’t buy traditional insurance policies. They pay claims out of their own assets.
In theory, self-insured companies assume the responsibilities of both the insured and the “insurance company.” This dual role can easily affect a company’s claim decision-making process. Of course, they may never explain that to you.
A self-insured company may set up an in-house claim operation run by a claims administrator. Sometimes they outsource their claims to independent administrators, adjusting companies, and, in some cases, insurance companies. As a self-insured entity, the state requires certification and/or demonstration of financial responsibility.
Self-insured retention limit claims
When a company has an auto liability policy with a large retention limit (similar to a deductible,) they also have a financial interest in the claims process. This arrangement is similar to those of fully self-insured companies, except an insurer pays claims once the insured exceeds their retention limit.
With SIR policy claims, the insurer’s adjusters usually handle claims from day one. As with self-insured entities, SIR policy insureds may still try to influence claim outcomes. They may pressure their insurer to deny your claim, negotiate a small settlement, or defend the case in court.
Should I talk to my own insurance company?
When you are contacted by your own insurance company’s insurance adjuster after an accident, you can’t usually avoid them. Your policy establishes a contractual relationship which requires your cooperation. If you don’t give your insurance company statements, documentation, or whatever they request, they may consider it grounds for denying your claim or declining your coverage.
It’s always wise to talk to a car accident attorney before an encounter with any insurance adjuster after an accident. They can advise you about your rights and responsibilities and help you avoid unanticipated problems.
Contact a car accident attorney
If a negligent driver injured you, an adjuster may contact you at your least convenient time. When you contact a car accident lawyer, they can schedule a complimentary, no-obligation consultation. You can share information about your accident and a legal representative can determine if they can help you.
