If you were in a car accident, you may be dealing with quite a bit – like visits to the doctor, medical bills, and trying to get your car fixed. You may also be learning a whole new language with both your insurance company and the at-fault driver’s insurer. This may include talking to an insurance adjuster.
The job of an adjuster is to determine whether the insurance company should pay an accident claim and, if so, how much they should pay. Adjusters work for the insurance company, not for you – which means that their goal is to protect their employer’s bottom line. You should never talk to an insurance adjuster without first consulting with a Charleston personal injury lawyer.
At Johnstone & Gabhart, we advocate for accident victims throughout West Virginia. For each case, our goal is to help our clients get maximum compensation for their property damage, medical expenses, pain and suffering, and other losses. To learn more or to schedule a free initial consultation with a Charleston car accident attorney, reach out to our law firm today.
What Does an Insurance Adjuster Do?
Insurance adjusters work for auto insurance companies. After an accident, the insurance company will assign an adjuster to the claim. This individual will be responsible for investigating the car accident, deciding if their insured driver is responsible for the crash, and determining how much to offer any accident victims.
After a claim is filed, an adjuster will start the process by reviewing the details of the claim as well as the policy to determine coverage. They will then begin an investigation into the accident. This involves getting statements from everyone involved in the crash, such as drivers, passengers, and witnesses. An adjuster will also typically review the accident scene, photos and videos of the accident scene, and any accident reports if law enforcement was called to the scene.
Next, insurance adjusters will look at evidence related to the losses suffered in the crash. This may include estimates for damage to the car, medical bills, and pay stubs to determine lost wages. These are considered economic damages, which are your direct financial losses.
In personal injury cases, you may also be entitled to non-economic damages for your intangible losses. This money covers things like pain and suffering, loss of enjoyment of life, emotional distress, scarring, and disfigurement. It can be harder to arrive at a figure for these losses, so most insurance companies use a computer program based on a formula.
This formula usually assigns a number to the case based on the severity of the accident and a person’s injuries. This number is then multiplied by the economic damages to arrive at an amount for non-economic damages. For example, if you had $30,000 in economic damages and the insurance company rated your accident as a 1.5, then they would offer $45,000 for non-economic damages.
These settlement offers usually don’t even come close to the true value of a person’s losses. Remember – the adjuster is looking out for their employer’s best interests, not yours. If you want to get maximum compensation for your injuries, a Charleston car accident lawyer can help.
Dealing with a Car Insurance Adjuster After an Accident
After a car accident, the at-fault driver’s insurance company will probably reach out to you through an adjuster. They might ask you to make a statement or sign documents. They may even tell you that the insurer accepts responsibility and make you a settlement offer.
When interacting with an adjuster, it is important to remember that they don’t work for you – and that they are trained to negotiate a settlement that is favorable for the insurance company. Most car accident victims are not experienced in negotiating settlements or dealing with the technical details of an insurance policy. For this reason, you should always be careful about what you say to an insurance adjuster.
1. Do not give a recorded statement to the adjuster. Anything that you say to them can be used against you. For example, if you say, “I’m so sorry, I must not have been paying attention,” they could use that to reduce your settlement through comparative negligence or deny it outright. Stick to the bare minimum – your name, contact information, and when and where the accident occurred (not how it happened).
2. Do not sign any paperwork that an adjuster gives you. Insurance adjusters often ask accident victims to sign overly broad medical release forms so that they can go through your medical records and try to claim that you have a pre-existing condition. They do this as a way to reduce the value of your claim.
3. Do not accept any settlement offers – which are almost guaranteed to be a lowball offer. You deserve a fair settlement for your injuries, and you almost certainly will not get the compensation that you deserve from the insurance company if you accept their first offer. An experienced car accident attorney can help you negotiate a settlement that takes into consideration the full scope of your losses.
4. Consult with a Charleston car accident lawyer as soon as possible. Your attorney can handle all communications with the insurance company on your behalf. They will work to make sure that you get fair compensation, including filing a personal injury lawsuit if necessary.
When an insurance company knows that you have legal representation, they are far more likely to offer a fair settlement. They understand that you could take the case to court – which may result in an even bigger jury verdict than what you are asking for as a settlement for your insurance claim. Working with an experienced attorney is the best way to get maximum compensation for your injuries.
How Our Law Offices Can Help
It isn’t unusual to be approached by an insurance adjuster just hours or days after a motor vehicle accident. Your instinct might be to just cooperate and take whatever money they are offering. Unfortunately, doing so may leave you without the money that you need to move forward with your life.
At Johnstone & Gabhart, we work with accident victims to help them get the compensation that they deserve for their personal injury claims. We give our clients peace of mind in knowing that we can handle settlement negotiations for them – and help them get top dollar for their case. To learn more or to schedule a free consultation with an experienced car accident lawyer in Charleston, WV, call us at 866-245-6359 or email us at any time.
