When you start a claim with an insurance company, you will be assigned a claims adjuster. Adjusters are different from insurance agents. Agents sell and maintain your policy, they do not handle your claim. Some people will report their accident/claim to their agent. Their agent will report the claim to their insurance company’s claims department and step out of the picture, with an adjuster taking over the claim.
The Different Types of Adjusters
The claims adjuster may work for the insurance company or be an independent adjuster or third-party administrator adjuster (TPA). The latter two types of adjusters are simply names for outsourced adjusters. Outsourced adjusters are normally used on smaller claims and will only have limited authority (the top end of the range of money they can offer on any one claim). You can usually spot an outsourced adjuster by their letterhead or email address being different from the insurance company’s. If you think you are dealing with a TPA, ask the adjuster if he/she works for the insurance company or are they a TPA. While it doesn’t make any difference to your claim, with the exception being a TPA may need to get more authority to handle your claim, it will show the adjuster that you are knowledgeable of the system.
Factors of Hiring an Adjuster
Caseload, experience, and financial exposure are some of the factors insurance companies use to assign an adjuster.
Case load
The number of cases an adjuster is currently handling. There is only so much time each adjuster has and each adjuster will have a maximum number of cases they can handle at any one time. You need to know that all adjusters handle a large number of cases. So much so, that many times they can only recall a case by looking on their computer system’s journal on your case to refresh their memory.
Adjuster experience
This comes into play when your claim is more complex. The more seasoned adjusters have worked through complicated liability or damages claims before and a claims manager will put claims needing a special touch with them.
Financial exposure
Each adjuster has an authority limit. Authority is the maximum amount of money they are allowed to offer on a claim. New adjusters will be given very little authority, something like $5,000. All cases going to this adjuster are going to be estimated by the claims department at under this authority amount.
Something personal injury lawyer in Lawrenceville sees quite a bit is your claim getting transferred to another adjuster in the middle of the claims process. This is because insurance companies normally aggressively valuate (read: low estimate) claims where people do it themselves. Once the insurance company sees the claim may exceed their initial estimate, they will need to transfer it to an adjuster with more authority.
Another common time claims are transferred is when a claimant (that’s you) hires an attorney. A claim will almost never stay with the same adjuster once our personal injury lawyer in Duluth steps into the picture. That is because it normally takes a differently trained adjuster to deal with an attorney.
Adjuster Responsibilities
An adjuster’s primary responsibilities are:
Confirm the policy and coverage
Investigate the facts, liability and damages of a claim
Evaluate the claim
Reserve the appropriate amount of money
Pay your claim and close the file
Insurance companies monitor their adjusters for the total dollars of settlements each month, the number of claims an adjuster can close each month, and the number of settlements they can conclude without the claim going to an attorney to name a few. You may want to play dumb with the adjuster at the beginning of the claims process by asking them how their performance is monitored. Understanding what the adjuster’s day-to-day concerns about their job performance are could help you in negotiating down the road by giving you an argument that appeals to their overall performance concerns.
Negotiating the Adjuster/Claimant Relationship
You need to understand that in the claimant/adjuster relationship, the adjuster has the power. He/she controls the money and is not harmed if the claim does not settle and goes into litigation. This means they also have the patience to see how desperate you are for a quick settlement and to find out if you know what you are doing.
Adjusters are also overworked. Insurance companies view your claim and the adjusters who handle your claim as an expense. Claims do not make the insurance company money. They lose money. Management is constantly cutting the number of adjusters and increasing each adjuster’s case load to cut bottom line costs. It is not uncommon for car accident claims adjusters to have over 300 open claims at one time. Just think how hard it is for an adjuster to keep the names and facts straight for this many claims. Adjusters can receive upwards of 50 phone calls a day and make an additional 50 more.
In today’s claims process, everything is computerized and your claim is kept on the computer. Adjusters run “journals” or “diaries” on your file. These are their working notes. They take notes on what they know about the case, their conclusions, telephone conversations, etc. The reason all adjusters will ask you for your claim number first is so they can pull up your claim and quickly scan the journal/diary to get familiar with your claim again before talking to you. It is a given that you will know more about your claim then they will. Most adjusters only care to know about a few key data points on your claim, things such as: special damages to date, length of treatment, severity of injuries, and the amount of property damage.
The other takeaway here is that the more organized you are, and the better you document your case, the more the adjuster will respect your claim and how you are conducting your business. Adjusters who handle claims with people who don’t have lawyers are constantly dealing with emotional and unprepared claimants. Some adjusters are thankful when a claimant hires a lawyer because the adjuster then gets to deal with a professional on the other side of the claim. You can set yourself apart and use the powerful psychological technique of “reciprocity” to help your claim. A good adjuster will appreciate you helping them do their job easier by documenting your claim the correct way.
Understanding an Adjuster’s Authority
Depending on an adjuster’s experience and skills, an adjuster will have a certain level of “authority.” Authority is the dollar limit of a case’s value that an adjuster is allowed to handle. For example, assume an adjuster has authority to handle cases up to $15,000. Suppose the adjuster reserves your case at $12,000 and later in the claims process the case value jumps up to $19,000. Your case is now above the adjuster’s authority and your file must get transferred to another adjuster or the adjuster needs to go to his/her manager to get additional authority. This may be the reason your adjuster is fighting increasing his/her offer – they don’t want to deal with having the file transferred or having to go to their boss to ask for an increase. This can be a powerful motivator for adjusters to cram the settlement down under their authority. If you think this is happening, respectfully ask the adjuster what his/her authority is. Ask them if they are not increasing their offer because they are fighting to keep the case under their authority level.
Talking to Adjusters
The most important rule in dealing with adjusters is to act calm and professional. That can be hard to do. For you, the accident can bring up all kinds of emotions. For the adjuster, this is a business transaction. That is the way you need to treat it as well to get the maximum settlement. Below are some tips on gaining the respect of an adjuster.
Indicate a willingness to work with them
Promptly return calls and letters
Allow the adjuster to inspect your car
Thoroughly document your claim
Be professional and courteous at all times
Note Taking and Following Up with Adjusters
Document each and every call.
If you discuss something important, or one of you promises to do something, follow up the call with a confirming letter.
If an adjuster promises to do something on your claim by a certain date, always send a confirming letter re-stating what he/she said they would do and the date they said they would do it by.
When an adjuster says they will do or have something by a certain date for you, give the adjuster 2 days after their promised deadline and then call them.
Don’t pester them. You simply want to send the message you are staying on top of your claim and trying to keep it moving forward. Nagging will make the adjuster resent you and not want to extend their full authority on your claim.
Never tell or let on to the adjuster that you don’t like personal injury attorneys, even if you do. If the adjuster knows you despise attorneys they will know you aren’t going to want to pursue litigation if settlement negotiations fail.
If you think you’re receiving an unfair offer, have any additional questions about how to deal with your claim, or if you want our personal injury lawyer in Peachtree Corners to step in and handle everything for you (we’re really good at it!), we’re happy to provide a free consultation.
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What does an accident injury lawyer typically handle?
An accident injury lawyer typically handles cases involving personal injuries resulting from accidents, including car collisions, slips and falls, and workplace injuries, ensuring clients receive the compensation and support they need to recover.
Can accident injury lawyers help with insurance claims?
Accident injury lawyers can significantly assist with insurance claims. They have the expertise to navigate the complexities of insurance companies, ensuring you receive the compensation you deserve for your injuries and losses.
Do accident injury lawyers work on a contingency fee?
Accident injury lawyers typically work on a contingency fee basis. This means they only get paid if you win your case, allowing you to pursue your claim without upfront legal fees.
What are the benefits of hiring a local personal injury lawyer in Georgia?
The benefits of hiring a local personal injury lawyer in Georgia include their in-depth knowledge of state laws, familiarity with local courts and judges, and a strong understanding of the regional insurance landscape, all of which can significantly enhance your case's chance of success.
What types of cases do Georgia personal injury lawyers handle?
Georgia personal injury lawyers handle a variety of cases, including car accidents, slip and fall incidents, medical malpractice, workers' compensation claims, and defective product cases, ensuring victims receive the justice and compensation they deserve.
How do I find a good personal injury lawyer in Georgia?
Finding a good personal injury lawyer in Georgia involves researching local attorneys, checking their experience and success rates, reading client reviews, and scheduling consultations to ensure they understand your needs and can effectively represent you.
Do I need an accident injury lawyer for a car accident?
The need for an accident injury lawyer for a car accident depends on various factors. If you’ve sustained significant injuries or are facing challenges with insurance claims, hiring a lawyer can help ensure you receive fair compensation.
What is the role of an accident injury lawyer?
The role of an accident injury lawyer is to provide legal representation for individuals injured in accidents, guiding them through the complexities of the legal system to secure fair compensation for their losses and suffering.
How do I find a reputable accident injury lawyer?
Finding a reputable accident injury lawyer involves researching their credentials, reading client reviews, and evaluating their experience in handling similar cases. Look for firms with proven track records and a commitment to client advocacy.
What types of accidents do injury lawyers handle?
Injury lawyers handle a variety of accidents, including motor vehicle collisions, slip and fall incidents, workplace injuries, medical malpractice cases, and product liability claims. They specialize in representing victims seeking compensation for their injuries and damages.
Can an accident injury lawyer help with insurance claims?
An accident injury lawyer can significantly assist with insurance claims by leveraging their expertise to navigate the complex claims process, negotiate effectively with insurance companies, and ensure that victims receive the compensation they deserve for their injuries.
What are the fees of an accident injury lawyer?
The fees of an accident injury lawyer typically operate on a contingency fee basis. This means that clients only pay legal fees if their case is successful, usually receiving a percentage of the awarded compensation.
What is the statute of limitations for accident injuries?
The statute of limitations for accident injuries is the legal timeframe within which an injured party must file a claim. In Georgia, this period is typically two years from the date of the accident.
How do I know if I need a personal injury lawyer in Georgia?
Determining whether you need a personal injury lawyer in Georgia depends on the severity of your injuries, the complexity of the case, and the insurance company's response. If your claim involves significant medical expenses or disputes, consulting an attorney is advisable.
Can I sue for emotional distress in a Georgia personal injury case?
You can sue for emotional distress in a Georgia personal injury case if you can demonstrate that the distress resulted from the defendant's negligent or intentional actions, and you have also sustained physical injuries as a result.
What are the benefits of hiring an accident injury lawyer?
The benefits of hiring an accident injury lawyer include expert legal guidance, negotiation with insurance companies, maximizing compensation for damages, and alleviating the stress of navigating the legal process, ensuring that your rights are effectively protected.
When to hire an accident injury lawyer?
Knowing when to hire an accident injury lawyer is important. You should consider seeking legal representation immediately after an accident, especially if you sustained serious injuries, if the insurance company is uncooperative, or if your case involves significant medical expenses or liability disputes.
Can an accident injury lawyer help with medical bills?
Accident injury lawyers can assist with medical bills by negotiating with insurance companies and ensuring you receive the compensation needed to cover your medical expenses related to the accident. They work to secure the financial relief you deserve.
What should I ask an accident injury lawyer?
When consulting an accident injury lawyer, it's essential to ask about their experience with cases similar to yours, their approach to handling your case, their fee structure, and the expected timeline for resolution.
How can I prepare for a consultation?
Preparing for a consultation involves gathering relevant documents, outlining questions you have, and thinking through your case details. This ensures a focused discussion and allows your attorney to better understand your situation and provide tailored advice.
What documentation is needed for a claim?
The documentation needed for a claim includes medical records, accident reports, proof of lost wages, and any other evidence supporting your injury and the circumstances of the accident. Ensuring you gather all relevant documents will strengthen your case.
What is the average cost of legal fees?
The average cost of legal fees can vary widely based on several factors, including the complexity of the case and the attorney's experience. Often, personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case.
How is compensation calculated for accident claims?
Compensation for accident claims is calculated based on factors such as medical expenses, lost wages, pain and suffering, and property damage. Each case varies, and legal expertise can help maximize your potential recovery.
What common mistakes to avoid in personal injury cases?
Common mistakes to avoid in personal injury cases include failing to seek medical attention promptly, not documenting the accident and injuries thoroughly, ignoring legal deadlines, and discussing details of the case with insurance adjusters without legal advice.
How does a lawyer prove fault in accidents?
A lawyer proves fault in accidents by collecting evidence such as police reports, witness testimonies, and photographs of the scene, alongside analyzing traffic laws and accident circumstances to establish liability and support their client's case for compensation.
What role do witnesses play in personal injury cases?
Witnesses play a crucial role in personal injury cases by providing objective testimony that can support the victim's claims. Their accounts can help establish facts, clarify circumstances of the accident, and strengthen the case for fair compensation.
Can I appeal if my injury claim is denied?
You can appeal if your injury claim is denied. The appeals process allows you to contest the denial, presenting additional evidence or arguments to support your case for compensation.
How long do I have to file a claim?
The timeline for filing a claim is essential to understand. Generally, you have two years from the date of your accident in Georgia to file a personal injury claim, but it's crucial to consult with an attorney for specifics related to your case.
What types of damages can I claim?
The types of damages you can claim include economic damages such as medical expenses and lost wages, as well as non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life.
What factors affect my accident settlement amount?
The factors that affect your accident settlement amount include the severity of your injuries, medical expenses, lost wages, the degree of fault, insurance policy limits, and the impact of the accident on your quality of life.
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