After a serious accident, it’s difficult enough to come to terms with the injuries, time off work, and medical bills. Having to deal with insurance adjusters who refuse to offer you adequate compensation can make the situation worse, raising stress levels and delaying payouts. Some insurance companies in Illinois play the “long game”, hoping that you simply give in and accept a low-ball offer. It’s important not to do this. With the right advice and a little resolve, you can get the compensation you deserve for car accidents or other injuries. Here’s what you need to know.
When should you dispute an insurance adjuster’s offer?
Claims adjusters assess damage, determine fault, and decide payouts after a car accident. They serve the interests of the insurance company, trying to minimize costs (i.e., directly opposed to the interests of most accident victims).
This often leads to disputes over liability for the accident, damages caused to property, assessments of the severity of injuries, and the impact of injuries on victims’ lives.
The most common reasons to dispute an insurance adjuster’s offer are:
- Disputing liability: Insurance adjusters frequently try to shift part of the blame onto the claimant. Under the modified comparative negligence laws in Illinois, this can substantially reduce payouts.
- Undervaluing damage: In vehicle accidents, the adjuster may use formulas that don’t adequately cover the market value or amount of damage caused to cars, vans, motorcycles, etc.
- Denial of coverage: Sometimes, insurance adjusters claim that an accident victim’s policy doesn’t cover the full cost of lost wages, hire cars, or other accident-related expenses.
- Unfairly low offers for injuries: Downplaying the severity and impact of injuries to reduce both economic and non-economic losses is another common strategy of insurance companies—and a common reason for disputes.
- Unreasonable delays: When a claimant pushes for fair compensation rather than an initial low-ball offer from the insurance company, adjusters often cause delays in the hope that the claimant gives in.
What to do if your insurance adjuster is acting unfairly
If your insurance company attempts any of the above strategies, don’t give in and accept the offer.
Politely refuse, start gathering the evidence you need, seek legal assistance, and be patient. In the long run, provided your claim is valid, you should get the settlement you deserve.
Experienced personal injury lawyers understand the tactics that insurance adjusters use and will not be swayed or tricked by these strategies, even in complex cases.
One of your first moves if the insurance company is lowballing you, delaying, or contesting liability is to seek the help of an experienced personal injury attorney. Many personal injury law offices, including Dodds Law Office, PC, offer free consultations and no-win/no-fee arrangements. So, there is nothing to lose for claimants.
Appointing legal counsel allows accident victims to focus on recovery from injuries, while a lawyer handles the necessary interactions with the insurance company, including:
- Gathering evidence to support claims: your lawyer will thoroughly investigate the accident scene, gathering evidence, checking CCTV footage, taking photos/video, and interviewing witnesses. Everything must be documented, so obtaining copies of the police report and medical records is also essential. Accident victims should keep all receipts and even maintain journals to document how the injuries have impacted their lives.
- Negotiating with the insurance company: Most personal injury cases in Illinois involve some negotiation and back and forth between the claimant and the insurance company. Lawyers are respectful but firm in dealing with the insurance adjusters, and will not settle for less than clients are legally entitled to.
- Disputing decisions and filing a lawsuit: If the insurance company continues making unreasonable offers or demands, your lawyer can usually contest the decision through arbitration or, as a last resort, file a lawsuit and ask the Illinois courts to decide (you have two years from the date of the accident to file the suit).
Even if your lawyer files a lawsuit, there will usually be plenty of opportunities to settle the case before trial.
What can you do if the insurance adjuster acts in bad faith?
Insurance adjusters who act in bad faith towards accident victims can be held accountable by the Illinois legal system (215 ILCS 5/154.6).
Insurance companies have a legal obligation to act in good faith when handling claims. If an adjuster is using underhanded strategies to purposely try to low-ball or be unfair to a claimant, this can strengthen the claim and increase the payout beyond standard policy limits.
The best way to bolster the claim is to discuss the circumstances with a qualified personal injury attorney, who will devise a strategy based on experience with similar cases.
The types of bad faith behavior to be aware of and to flag to your personal injury lawyer include:
- Failing to reasonably investigate a valid claim.
- Denying a valid claim without a reasonable explanation.
- Unreasonably delaying payments.
- Misrepresenting facts or misleading claimants on policy provisions.
- Offering substantially less than the claim is worth.
- Employing intimidatory tactics against the victim.
What to avoid saying to insurance adjusters during car accident claims
If you need to deal directly with the insurance company and have not yet approached a personal injury attorney, it’s important to know what not to say, as well as what you should say.
- It’s best not to provide recorded statements without first seeking legal advice.
- Do not discuss details of the car accident or your medical condition before you fully understand the extent of your injuries and legal rights.
- Share only basic facts, such as the date, time, and location of the accident.
- Do not discuss fault until you have taken initial legal advice.
- If the adjuster requests documents or medical records, seek advice from an attorney before doing so.
To avoid the risk of saying something out of place that could damage your claim, instruct a personal injury lawyer to handle all aspects of your claim.
Can you increase the settlement by negotiating with the insurance company?
A qualified personal injury attorney can often maximize settlements by gathering strong evidence and using well-developed negotiation skills. The first offer from the insurance adjuster is often low and unacceptable. The negotiation process can significantly increase the payout.
If a demand letter is sent and a lawsuit is filed, this increases pressure on the insurance company. Most insurance companies want to avoid going to trial and will be keen to negotiate an acceptable payout.
What should you do next?
If you’re struggling to claim the compensation due, speak to an experienced personal injury attorney during an initial case evaluation.
We help car accident victims hold at-fault parties and their insurance companies accountable, and maximize claims. Call a personal injury lawyer at Dodds Law Office, PC as soon as possible at (309) 829-9300, and let’s get started with your recovery. No upfront attorney fees.
