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Q. Dear Carl, what can I expect the insurance company adjuster to do in my auto accident case when I have a personal injury claim, medical expenses, lost wages, and property damages?
A. The average person will recall those catchy slogans in the TV commercials. You just imagine that you will be in good hands with the at fault driver's insurance company adjuster. The kindly insurance adjuster will surely be like a good neighbor promptly handling your claim fairly, comforting you during your hour of need, and paying for your losses. You certainly will feel no need to contact one of those annoying lawyers, who after all, are just ambulance chasers like you have always heard in so many jokes. With confidence, you will now decide to handle your own accident claim with the kindly insurance adjuster who surely has your best interests at heart.
However, after handling thousands of car accident claims over the last twenty-five years, I can tell you what you can generally expect from the insurance adjuster in your auto accident case. You be the judge as to the neighborliness of the adjuster.
First the insurance adjuster will commence a behind the scenes full blown investigation of your accident case by obtaining the police report, photos of your car's property damage, photos of the accident scene, and witness statements including a tape recorded statement from you. Often an insurance defense attorney is secretly employed to research the legal issues and commence preparation of a defense to your case. Private investigators may be hired. At times an accident reconstruction expert may be employed to examine all of the evidence, take measurements at the accident scene and develop theories on how to defend against your claims. The insurance adjuster will typically ask you to sign a few authorization forms. With your signed authorization forms, the insurance adjuster will have a blank check to delve into your past medical treatment background and to gain access to your employment records. With your social security number and date of birth, the insurance company adjuster will be able to run a criminal background check on you. An insurance industry computer system check will be made on your claims history and your driving record will be investigated. Finally, ofte a credit check on your credit history will be obtained. In short, you and your claim will be thoroughly investigated.
If a portion of the fault for the accident can be shifted to you, your claim will either be denied or greatly reduced in value. If you have a criminal background, credit problems, a history of traffic tickets, a significant claims history or any similar medical problems in your past, you can expect your claim to significantly diminish in value. If your car is more than five years old, you can expect to hear that some of your property damage preexisted your accident and therefore will not be repaired. The adjuster will often persuade the body shop to make some of the repairs with used parts salvaged from junk yards or to use off brand less expensive replacement parts rather than original parts made for your car by the manufacturer of your car.
The adjuster will generally express sympathy for your injuries but tell you that you sustained only soft tissue injuries from which you will eventually make a good recovery. The adjuster will offer to reimburse you for your medical bills not covered by your health insurance and pay for net lost income unless you used your sick days. Typically there will be minimal if any compensation offered for your injuries, pain and suffering, future medical treatment, inconvenience, and aggravation caused by your accident. The adjuster will then close your case and move on to the next one. Understand that the insurance adjusters have received extensive training on the many methods of saving as much money for the insurance company as possible. Always remember that the insurance adjuster is your opponent working for one of the most successful, profitable, and powerful businesses in the United States. The insurance companies are businesses seeking to maximize their corporate profits which can only be accomplished by diminishing the value of your case regardless of their catchy slogans in their advertisements.