Filed A Personal Injury Claim? Tips To Help When Dealing With An Insurance Adjuster
If you have recently filed a claim against an insurance company for injuries you received due to someone's negligence, it is important that you understand the process that will take place and how to deal with the insurance adjuster. One of the roles an insurance adjuster has is to determine how much the insurance company—their employer—should pay.
Obviously, they'll have their employer's best interests in mind, not yours, so they may try to trick you into doing or saying something wrong. If you say or do the wrong thing, it could limit the compensation you could receive. Here are the next steps for you to take and what you should avoid doing at all costs.
Hire a personal injury lawyer
Instead of waiting to hire a lawyer until you run into a problem, hire one now. It's better to start your claim off with a lawyer than to hire one later. That way, you'll have your lawyer's representation and guidance through the claims process. You'll also be more informed about what to say and what not to say to the insurance adjuster while you go through the formalities of the process.
Submit a demand letter
The insurance company will send you a reservation of rights letter after they receive your claim. This letter does not indicate that the insurance company admits any liability. It simply is a method used to inform you that they have received the claim and will investigate it. You will need to respond to this letter by sending a demand letter. You should wait until you have undergone treatments for your injuries before submitting your demand letter, because your medical bills should be itemized in the letter. If you send the demand letter before you've received all of your medical billing, you may not receive the compensation you deserve to cover those costs.
Do not sign a full medical records release
Do not sign a medical records release to give the insurance company the authority to investigate your medical records until after your lawyer instructs you to. Also, do not sign a full medical release, as this will allow the insurance adjuster to delve into your past medical history to look for signs that your injuries were preexisting conditions. The only medical records that should be released are the ones relating to the injuries sustained during the case in question. Additionally, do not discuss preexisting conditions when you speak with the insurance adjuster. At the same time, do not lie. Simply defer the question to your lawyer.
Do not agree to having your statements recorded
When you speak with the insurance adjuster, he or she will likely ask you to agree to have the session recorded. Do not do this. You are not legally obligated to have the conversation recorded. They are trained to ask trick questions that could cost you in compensation, and it may be impossible to clear the record later, so to speak. If the insurance adjuster insists, tell them to contact your lawyer.
Keep your answers limited when speaking with an insurance adjuster
When speaking with the insurance adjuster, he or she will ask what may seem to be an endless amount of questions. It is important to limit your answers to only what your lawyer tells you to say, which may just be the date and location of when and where you sustained the injuries. Everything else should instead be in the demand letter written by you and your lawyer. You can then refer the insurance adjuster to the demand letter. Doing this will help you avoid discrepancies and inadvertently saying something different.
Contact a lawyer like Jack W Hanemann, P.S. for more information.
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