March 2003 - The Other Side

DEALING WITH CLAIMS ADJUSTERS
By Author and Retired Claims Adjuster Dan Baldyga

As I wind up this series dealing with personal injury accident cases, I thought I should end with some insights as to how insurance adjusters work and think. Having been “in the trenches” for over 30 years and a claims adjuster myself, I feel that my “opinions” here are well founded. I’ve been there - done that - so you can believe me!

So here comes adjuster I.M. Smart of Granite Mountain Insurance. Is he being overly friendly? If so, watch out! It’s okay to be hospitable, good-tempered and cordial - but beware! Never forget that Smart is paid to save Granite Mountain as much money as he can. That’s the name of his game - not to be nice to you and make sure you’re treated fairly.

DON’T SIGN ANYTHING - YET. Never overestimate Smart’s good will - should he choose to present himself in that manner. Smart has been trained to investigate accident cases in such a way so, if possible, to make their insured look good. Many unsuspecting individuals fall prey to the Smarts of this world who seek to protect their company’s pocketbook at the expense of a legitimate claimant.

If Granite Mountain Insurance calls and suggests they take your statement over the telephone, tell them you would prefer to meet with an adjuster. Don’t you dare be so foolish as to agree to dictate a verbal statement into a tape recorder over the telephone. Also, don’t dictate nor sign a statement when you meet with the adjuster. Whatever the circumstance may be, advise Smart you’ll be more than willing to provide a signed statement after your claim has been settled.

HOW TO PROCEED. Be pleasant, but firm. No matter how much in the wrong the person is that hit you, no matter how they acted at the scene of the accident, and no matter what they may have verbalized to or at you, don’t take it out on Smart. It’s not Smart’s fault if his insured, Fumbling Fred Fuddle and his rattle trap of a truck, slammed into your rig.

You must never underestimate the importance of the adjuster’s impressions and conclusions, all of which go into your file. What he feels and reports about you will greatly influence the final disposition of your claim. If he likes you, that’s money in the bank. On the other hand, if he gets upset with you because of your complaining and/or impossible blathering he has the ability to twist the facts to make you look bad. Once that’s been done, his thoughts, ideas and concepts will be set in cement, go into your file and, without you’re ever being aware of it, haunt you right to the courthouse steps, two or more years later.

Once your claim goes to trial, Smart’s buddy, the local Granite Mountain Insurance defense attorney will ask him, “Hey, old friend, the liability is clear on this one. I think we should be attempting to settle. What do want to do?” Smart, still upset at the way you treated him answers, “To hell with him! Let him wait. Take it as far as you can.” That’s music to the defense attorney’s ears, because that means he has to devote additional time to the case, which one day will translate into more bucks coming his way when he collects his bill for services rendered from Granite Mountain.

THE ADJUSTER’S CLAIM LOAD. The job performance of insurance adjusters is judged not only on how little of the company’s money they spend in settlements, but also on how quickly they settle the claims assigned to them. They’re constantly under pressure to settle your claim - to get rid of it and move on. The adjuster will never tell you, but the weight of their heavy caseload always comes down on your side of the scale. It’s an advantage most people are never aware of.

SETTLEMENT AUTHORITY. The adjuster’s authority to settle a claim on their own is restricted by how much experience they have. For a less experienced adjuster, perhaps $5,000 to $10,000, but for a more experienced adjuster, their settlement authority may go as high as $20,000. When bigger bucks are involved, they usually have to be given permission to settle the case from their immediate supervisor.

THE BOTTOM LINE. Don’t let a sweet talking insurance adjuster manipulate you into feeling good about your relationship with him and the eventual outcome of your claim. In the vast majority of instances, that’s not the way you should play the game (yes, it’s a game) because if provided with the opportunity, an adjuster will almost always take advantage of you. That’s a fact of life. You must realize that they’re only doing their job. Their assignment is to save money for the company who signs their paychecks - no matter what it takes.

If you have a legitimate claim, stay cool and understand what you’re up against. Don’t be impossible to deal with, but remain steady. Remember, Adjuster Smart wants to look good to his company. He doesn’t want your claim to end up in court, plus he wants to reduce his caseload. Be patient. At the end of the day, when the dust settles, he’ll be forced to treat you and your loss as fairly as he can.

CLOSING THOUGHTS. It has been a pleasure writing this series of articles for 10-4 Magazine and to be associated with such an incredibly professional publication. When it comes to outstanding editors, staff writers, advertising and artwork, 10-4 Magazine is absolutely #1 in my book. I hope you learned a few things from these articles and, if you ever find yourself facing a personal injury claim, I sincerely hope that you will be more informed than the average bear and not get taken advantage of. You might want to keep copies of these articles filed away somewhere safe for future reference if needed later.

DEALING WITH CLAIMS ADJUSTERS By Author and Retired Claims Adjuster Dan Baldyga

DEALING WITH CLAIMS ADJUSTERS
By Author and Retired Claims Adjuster Dan Baldyga