What You Should Know Before the Insurance Adjuster Calls
When you're involved in an accident or a situation that leads to a personal injury claim, understanding how to interact with an insurance adjuster can significantly impact the outcome of your case. If you live in Illinois, there are specific details and steps to consider to protect your rights and provide a fair process.
Here's a comprehensive guide on what you should know before the insurance adjuster calls. Reach out to our team at Stiberth, Scarlati & Boudreau, LLC with any further questions.
Understanding the Role of an Insurance Adjuster
An insurance adjuster is responsible for evaluating the details of an insurance claim. Their role is to assess the damage, determine the extent of liability, and propose a settlement. In personal injury cases, this means they'll review medical records, evaluate the impact of injuries, and negotiate with you or your attorney to reach a fair settlement.
It's crucial to recognize that their primary goal is to minimize the payout for the insurance company, which can sometimes lead to less favorable outcomes for claimants.
Preparing for the Adjuster's Call
Preparation is key when dealing with an insurance adjuster. Here are some steps to take before the adjuster contacts you.
1. Gather Documentation
Before the adjuster calls, collect all relevant documentation related to your personal injury claim. This includes:
Medical records: Make sure that you have copies of all medical records related to your injury, including diagnoses, treatment plans, and any related expenses.
Accident reports: If applicable, obtain a copy of the accident report from the relevant authorities.
Photographic evidence: Photos of the accident scene, injuries, and any property damage can be vital in supporting your claim.
Witness statements: Statements from witnesses who saw the incident can provide additional support for your case.
2. Review Your Policy
Familiarize yourself with your insurance policy, including coverage details, limits, and exclusions. Understanding what is covered will help you better assess the adjuster's offer and negotiate more effectively. Pay attention to the sections related to personal injury to know what kinds of damages are included.
3. Know Your Medical Status
Be clear about your current medical status and how the injury affects your daily life. Document any ongoing treatments, pain levels, and limitations caused by the injury. This information is crucial for negotiating a settlement that accurately reflects your needs and losses.
4. Avoid Making Unnecessary Statements
When talking to the adjuster, be cautious about what you say. Avoid admitting fault or making statements that could be interpreted as an admission of guilt or liability. Stick to the facts of the case and avoid discussing personal opinions or speculations.
Common Tactics Used by Insurance Adjusters
Understanding some of the common tactics used by insurance adjusters can help you manage the process more effectively. Here are a few strategies to be aware of.
Lowball offers: Adjusters may initially offer a settlement that is lower than what you might be entitled to. This is a common tactic to save the insurance company money. If you receive a low offer, don't be discouraged. Instead, use this as an opportunity to negotiate for a more appropriate settlement. An experienced attorney can be a valuable resource during this process.
Delaying tactics: Sometimes, adjusters may use delaying tactics to pressure you into accepting a lower settlement or to wear you down. They might prolong the process to make you more inclined to settle quickly. Stay patient and focused on securing a fair settlement.
Seeking recorded statements: Adjusters might ask for a recorded statement about the incident. Be cautious with these requests. Anything you say could be used against you later, even if it was an innocent remark or an unintended misstatement. It’s often wise to consult with an attorney before agreeing to a recorded statement.
Managing the Negotiation Process
Negotiating with an insurance adjuster can be challenging, but knowing what to expect and how to handle the situation can help you achieve a better outcome. Here’s a brief overview of the negotiation process.
Make a counteroffer: If the initial offer isn’t satisfactory, you can make a counteroffer. Use the documentation you’ve gathered, including medical records and accident reports, to support your counteroffer. Clearly outline the reasons why you believe a higher settlement is justified.
Be prepared to justify your claim: During negotiations, you may need to justify your claim and provide evidence to support your demands. This includes presenting detailed information about your medical condition, its impact on your daily life, and any related expenses. The more detailed your information is, the stronger your position will be.
Stay professional and calm: Maintain a professional demeanor throughout the negotiation process. While it can be frustrating, staying calm and collected will help you present your case more effectively. Avoid getting emotional or confrontational, as this can hinder negotiations.
When to Consult With an Attorney
While you may feel like you can handle negotiations with an insurance adjuster on your own, there are situations where consulting with an experienced personal injury attorney will be beneficial. Here’s when you might consider seeking legal advice.
Difficult cases: If your personal injury case is particularly complicated, such as involving multiple parties or severe injuries, an attorney can provide valuable guidance and representation.
Denied claims: If your claim is denied or you’re receiving inadequate offers, an attorney can help you understand your options and pursue further action.
Negotiation challenges: If you’re struggling with negotiations or feeling overwhelmed, an attorney can help you handle the discussions and make sure that your rights are protected.
Key Takeaways for Illinois Residents
If you're dealing with a personal injury claim in Illinois, here are a few state-specific points to keep in mind.
1. Understanding Illinois Laws
Illinois has specific laws regarding personal injury claims, including statutes of limitations that set deadlines for filing a claim. Make sure you understand these laws and adhere to the timelines to avoid losing your right to seek compensation.
2. Comparative Fault Rule
Illinois follows a comparative fault rule, which means that if you’re partially at fault for the accident, your compensation may be reduced by the percentage of fault assigned to you. Be aware of how this might affect your claim or ask questions to increase your understanding in order to level out expectations.
3. Medical Expense Payments
In Illinois, medical expenses related to personal injury are generally covered by insurance up to the policy limits. Make sure you understand what your policy covers and how to submit claims for medical expenses.
Enlist the Support of a Dependable Attorney
Handling a personal injury claim involves more than just filing paperwork. Understanding the role of the insurance adjuster, preparing thoroughly, and knowing how to manage negotiations can significantly influence the outcome of your case. By staying informed and organized, you can better manage your claim and work towards a fair resolution.
If you face challenges or need additional support, consulting with a legal professional can provide the guidance necessary to protect your rights and interests in the claims process. The attorneys at Stiberth, Scarlati & Boudreau, LLC are happy to assist you with this process.
Located in Chicago, Illinois, we serve clients throughout Cook County and Collar County. Reach out to our team today to schedule an initial consultation.