AUTOMOBILE WRECKS

 

Dealing with the Adjuster:

First thing is first. Get their name, who they represent, and why they are calling. All adjusters represent their employer first and that is the insurance company. Their job is to pay as little as possible and get a settlement. your insurance company has a fiduciary duty to represent you and make a fair settlement. When they fail, they are subject to penalties and attorney fees.


Statutes provide penalties for failure to pay on homeowner damage claims, collision claims, and uninsured motorist claims. To avoid penalties and attorney fees, they must make a fair tender within 30 days of the Proof of Loss being received.


Adjusters will call after a wreck to control the case and set reserves for the claim. Be careful in recorded statements, often claimants minimize their injuries to please the adjuster. It’s better to limit this interview, it is best to have your attorney prepare for this interview. However, often this is before an attorney has been retained. Be truthful, don’t exaggerate anything...but now is NOT the time to put on a happy face.


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