Key Takeaways
- Insurance claims adjusters present themselves as neutral assessors of your damages. In reality, they work for the insurance company and are incentivized to pay you as little as possible.
- You must provide them with some basic information. Beyond that, anything you give them may help them deny or minimize your claim.
- You have legal rights when dealing with a difficult adjuster.
- An experienced car accident lawyer can handle the adjuster for you.
If you have just been in a motor vehicle accident, you are probably preoccupied with the injuries and damage you sustained. Unfortunately, an insurance company is focused on minimizing the amount they have to pay you after your accident. They will send an insurance adjuster to evaluate your accident and its value.
Despite you paying your insurance company for coverage, they are not necessarily going to act in your best interests. Learn what you need to tell the adjuster, what you should not tell the adjuster, and how a Maryland car accident lawyer from Bowers Law can save you the headaches and communicate with the insurance company for you.
To schedule a free consultation, call a personal injury lawyer at Bowers Law at (410) 885-6200. We proudly serve individuals in Elkton and the surrounding areas who are struggling with the aftermath of an auto accident.
What Does an Insurance Adjuster Do?
Insurance adjusters investigate insurance claims to determine if the company should pay for injuries and/or damage. Every accident claim is assigned an adjuster who will:
- Evaluate claim details
- Review your insurance policy and check policyholder coverage
- Conduct interviews with drivers, passengers, and witnesses
- Look at the accident scene, vehicles, medical reports, police reports, and photos/videos captured
- Identify the at-fault party
If the insurance adjuster determines a claim is valid, they decide how much the insurance company will pay the injured person. You do not have to accept the first offer, but it is probable the company will counteroffer if you turn their initial offer down. However, historically, offers made to individuals who do not have competent representation are substantially lower than offers made through experienced and known injury attorneys.
Why an Insurance Adjuster Cannot Be Trusted
- Loyalty to the insurance company: The insurance adjuster works for the insurance company. That is where their loyalties lie, not with the policyholders. Insurance companies make money by collecting and investing premiums. Every accident claim they pay means less money for their bottom line.
- Biased interests: Insurance company adjusters often present their role in the claims process as impartial — they assess damages and make settlement offers. Their actual goals, however, are to reduce the insurance company’s costs and increase its revenue.
- No transparency: Insurance policies can be complicated for people outside the insurance or legal fields to understand. Insurance claims adjusters may use that to their advantage. They may assume that a layperson will not notice if they leave out specific details of an auto insurance policy. Plus, insurance claims are handled privately and, unlike lawsuits, are not part of the public record. The claims process has few safeguards to facilitate fairness without a knowledgeable personal injury attorney.
- Recorded statements: Insurance companies can use recorded statements against you. An adjuster may ask your permission to record any conversations you have, so you should be cautious.
- Minimizing compensation: Assessing damages is a big part of an adjuster’s job. They are incentivized to downplay the severity of your injuries and omit less apparent damages, such as pain and suffering.
- Imbalanced negotiating positions: Adjusters are experienced negotiators with many trade tactics intended to deny your claim or get you to accept less money than you deserve.
Incentive to make quick, lowball offers: Insurance companies want to process your personal injury claim quickly and move on to the next accident victim. Your adjuster might pressure you to accept a settlement before you have completed your medical treatment. They might pester you to accept a lowball settlement offer. Neither is in your interest.
What Not to Say to a Car Insurance Adjuster After an Accident
It is important to remember that even if the driver’s insurance company’s adjuster sounds caring and friendly, you should be very cautious about what you say to the insurance company. Anything you say can be used against you to undermine your claim.
Do not do the following:
- Apologize for the accident
- Accept fault for the accident
- Say, “I feel fine”
- Speculate about the accident (let your attorney investigate)
- Suggest you have a pre-existing injury
- Allow the insurance company to take a recorded statement
- Sign any medical releases
Your ideal course of action is to work with a skilled Maryland personal injury attorney who can advise you, negotiate on your behalf, protect your legal rights, and help you avoid lowball offers for your personal injury claim. Contact our law offices today for free to get insight into the value of your auto accident claim.
What Information Do I Need to Provide to an Insurance Adjuster After a Maryland Car Accident?
After involvement in a Maryland car accident, victims must provide their insurance company with some basic information. To avoid inadvertently sharing too many details which could ultimately hurt your claim, only provide them with information required by law, such as:
- Name
- Policy information
- Contact information (phone number and address)
- Date, time, location (if asked)
You will need to communicate with your insurance company after a car accident in Maryland. You can also hire an experienced car accident attorney to handle it for you. Both your and the other driver’s insurance companies are more interested in making money than paying your accident claim. If you have legal representation, your lawyer can present the necessary information without unnecessary details.
Common Lies That Insurance Adjusters Will Tell You
The following are some common lies that insurance adjusters may use to reduce the payout on your claim or apportion fault to you:
Requirement for a Recorded Statement
You have no legal obligation to give a recorded statement the first time you speak to an insurance adjuster. They may tell you it is necessary, but you can wait until you have legal representation.
Admission of Liability
An adjuster might try to trick you into admitting that the car accident was your fault. If you admit fault, you could eliminate any chance of recovering damages for your injuries. You should never admit to any amount of fault in front of an adjuster.
No Requirement for Legal Representation
It is technically true that you do not need a lawyer in the insurance claims process, but when adjusters tell you this, they are most likely arguing in bad faith. Without a lawyer, you are less likely to demand fair compensation and more likely to settle quickly.
Too Occupied to Manage Your Case
Insurance companies often try to get you to accept a lowball settlement quickly. They may also try to string you along by claiming they are too busy for your case. They hope you’ll get frustrated and either give up or accept a low offer. A lawyer can get the necessary response to move your case along.
Claims Cannot Exceed a Certain Amount
An adjuster might insist that their settlement offer is as high as they can go. In truth, they can settle for the full amount that the policy allows, also known as the policy limits.
Settlement Must Occur Before the Statute of Limitations Expires
The statute of limitations is the time you have to file a lawsuit. It does not pass until several years after the accident. Adjusters may use the term “statute of limitations” much sooner because it sounds very official. Their goal is to scare you into accepting a lowball settlement.
Obligation to Provide Your Social Security Number
The insurance company wants your Social Security number (SSN) so they can run a full background check on you. This is not a requirement to receive a fair settlement.
Necessity of Signing a HIPAA Release
The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of your medical information. Your doctors cannot release any information or records without a signed authorization from you that specifies which records they may release.
In an insurance claim after a car accident, you want to make sure the insurance company only gets records relevant to your injuries from the accident. Read any HIPAA release form very carefully before signing it.
What to Do if You Disagree With a Car Insurance Adjuster
Remember, adjusters are working on behalf of the insurance company, not for auto accident victims. Chances are their decisions will not favor you. If you disagree with the valuation, you can appeal by following these steps:
- Review the letter explaining the settlement offer.
- Gather evidence to counteroffer.
- Send evidence to the insurance company, along with a counteroffer.
- Contact your state’s insurance regulator if you believe the insurer is acting in bad faith.
Your best option is to contact a personal injury lawyer who is well-versed in Maryland insurance law.
How Do You Deal With a Difficult Insurance Adjuster?
If an insurance adjuster is being difficult, the following tactics may help:
- Prepare your claim carefully: Review your insurance policy closely so you know what the adjuster is authorized to do. Provide as much documentation of your injuries as possible. Make it all but impossible for them to dispute what they owe you.
- Be patient but assertive: The claims process can take time. Not every delay is in bad faith. That being said, advocate for yourself and be mindful of delays.
- Keep trying: If you have a bad interaction with an adjuster, give it a day or two, and then try again.
- Ask for it in writing: If the adjuster is unclear about anything, or if they make a decision that you don’t like, ask them to put it in writing.
- Keep records: Keep a log of every call or other communication with the adjuster, along with notes about each interaction.
- Contact a supervisor: If you are getting nowhere with the adjuster, ask to speak to their supervisor.
- Ask for a new adjuster: The insurance company may assign you a new adjuster if you and the current one cannot work together.
- Contact the Maryland Insurance Administration: If all else fails, you may be able to file a complaint with the Maryland Insurance Administration.
- Seek legal representation: Personal injury lawyers have experience dealing with all kinds of insurance adjusters and can negotiate with them on your behalf.
Your Maryland Car Accident Lawyer Can Handle the Insurance Claims Adjuster For You
Working with a Maryland car accident lawyer strengthens your ability to wade through the claims process and receive fair compensation in the form of a higher payout. An experienced car accident attorney will handle all aspects of your injury case, including communications with the insurance company.
Why Clients Choose Bowers Law
Bowers Law is a client-centered, community-oriented law firm. Our attorneys have many years of combined experience advocating for accident victims throughout Maryland. Our legal team has received recognition from its colleagues, including Super Lawyers and the Top 100 Trial Lawyers.
Testimonials
“I had an accident and it totaled my car, the insurance company called and wanted me to settle with a payment before I could even get my medical bills. I call Bowers law firm and spoke with Jessica who is so wonderful, she helped me threw this hole thing even when I was frustrated. Jessica answer all my email and would call me if I didn’t understand what was going on and she would break it down so I understood. Mr.Bower sat down with me and my husband and explained everything about the process and also told us how to get the best car insurance that a lot of people don’t know is even offered. I would hope I never have to go threw this again, but if so I will definitely call Jessica & Mr. Bower again. Thank you for all you help!!” – Rita R.
“I absolutely cannot say enough about Mr Bowers and his staff. I was in a bad car crash in Nov and had to have multiple surgeries and was in a wheel chair for months and my only regret is that I didn’t hire them sooner. I reached out after my first surgery and almost 2 months after the accident and by the first week in March I had received a nice settlement and Bowers Law navigated EVERYTHING that needed to be done to make that happen. They kept me up to date almost daily on the progress of my case and we’re avail to speak to me or return a call or message Everytime I needed them. I WILL NEVER CALL ABOUT ATTORNEY EVER. If I ever find myself in a situation like this again my first call after 911 will be to Bowers Law.” – Jessi R.
We Know How to Handle Insurance Adjusters
The knowledgeable Maryland car accident attorneys at Bowers Law know how to handle the aggressive behavior of insurance adjusters. Our law firm is prepared to provide full legal representation and go toe-to-toe with an adjuster who is not looking out for your interests.
Bowers Law proudly serves its clients from Elkton and Baltimore, along with other areas throughout Maryland. Call or text us today at (410) 885-6200 to schedule a free consultation with our Maryland car accident lawyers. You can also reach us through our convenient online contact form.
Frequent Answered Questions
When assessing damage and determining the value of a claim, adjusters must look at a variety of factors. Items they will look at include damages that are calculable, including property damage, medical bills, lost wages, future medical treatment, and missed days of work.
Adjusters will also consider other not easily calculable factors, such as pain and suffering. To do this, the adjuster uses multipliers. This is complex and looks at numerous specifics pertaining to your situation, such as doctor visits, hospital stays, therapies, etc.
You must provide basic information to an insurance claims adjuster, such as:
- Your name and address;
- Your policy number, and
- The date of the accident.
Beyond this, you should be cautious about sharing personal information, particularly regarding your medical history. The adjuster is looking for reasons to deny or minimize your claim. Giving them extra personal information can only help them do this.
While it does not always happen, if you file a claim after a car accident, always assume you are under surveillance. Insurance companies often hire someone to follow you if they suspect you are not being truthful or to try to “catch” you doing something that counters a claim of serious injury. Surveillance typically occurs in three-day periods of time, during the day and during standard business hours.
After an initial surveillance, there is a good possibility it will occur again. This is legal if the individual watching you remains on public property.
Insurance companies cannot tap your phone, but they can request to see your phone records. They may ask you directly, or they may go through court channels.
Your insurance company cannot invade your privacy. However, like with phone calls, they can request to see records. They may be trying to prove you were making a call or sending a text before the accident.
Written By Jobeth Bowers
Maryland Attorney Jobeth Bowers is the founder of Bowers Law and a graduate of the University of Baltimore School of Law
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