Suspicious Arguments Adjuster Might Make During Negotiations

All insurance adjusters have 2 goals: get the claimant to agree to a low payout, and avoid a possible lawsuit. In an effort to achieve those goals, some adjusters try to convince the claimant to go along with a low offer.

The adjuster might make confusing suggestions

The adjuster’s experience has allowed for development of an understanding of each claimant’s rights. Still, not all claimants appreciate their rights. Hence adjusters’ arguments could reflect that fact. For instance, a claimant might be told that another insurance company must be contacted, because their policyholder appears to be the party at-fault. Personal injury lawyer in Sudbury knows that claimants are free to contact whatever insurance company they choose, until some party has admitted fault. That fact highlights the confusing and incorrect nature of the presented argument.

Claim made too late

This is a suspicious argument, because there is no deadline for the submission of a 3rdparty claim. A delayed 1stparty claim could not be denied unless that delay had managed to prejudice the company’s ability to investigate the same claim.

Claimant has already been reimbursed for his or her damages.

Adjusters tend to make this argument in one of 2 different situations. If the claimant had requested money for lost income, the adjuster might counter that the claimant’s employer had already paid either sick leave of vacation pay.

Alternatively, if the claimant’s health insurance provider had covered the cost of the medical expenses, then the adjuster might use that fact as a reason for questioning the fairness of the submitted claim. Yet according to the legal system, insurance adjusters are not supposed to make any inquiries, with respect to money that could have come from other providers.

How claimants can counter such arguments?

There should be a personal injury lawyer at the claimant’s side. That member of the legal profession has learned what the law allows and what it forbids, as the pre-settlement negotiations, or the possible trial get underway. Consequently, a personal injury attorney would not hesitate to object, if the attorney’s client were to become the recipient of a suspicious argument.

Personal injury lawyers stand ready to help their clients at every stage of the claim process. That includes the negotiations, the discovery process and the trial, if held. While adjusters do not take part in the discovery or the trial, unless called as witnesses, the insurance company provides the defendant with legal counsel.

That legal counsel could repeat some of the arguments that had come from the adjuster. Alternately, they might introduce a new argument. In either case, the personal injury lawyer would be there to refute the soundness of the defense team’s argument. So, the client’s attorney would not be fooled by suspicious allegations.