Dealing with an insurance adjuster after a car accident can be challenging. Adjusters are trained to protect the insurance company's interests and minimize what they pay out. If you want to make sure you get a fair settlement, here are some important tips for how to deal with insurance adjusters and get a fair settlement.

Before You Start, Are You Really Qualified?

Before you start talking to a car insurance claims adjuster, it's important to consult an attorney about your case. We've seen self-represented individuals struggle when trying to handle their own cases for many reasons. Think of it this way; you don't do this for a living. Perhaps you've had some experience in the past, and you personally believe you did well. What did you compare your results with? How do you know you did well? Or perhaps this is your first case, and you want to avoid paying attorney fees. As the saying goes…penny wise, dollar foolish. Or as Abraham Lincoln put it, a person who represents himself has a fool for a client. Adjusters handle claims for a living, hundreds at a time. You've had? Personal injury attorneys have had years of specialized education, training, and experience in areas of liability, causation, and damages. And you've had? You can see how this will play out. Even if you think you did a great job on your last claim, chances are you have not compared your result to a truly great result.

Car Accident Settlement Negotiation

What Steps Should You Take to Prepare for Car Accident Settlement Negotiation?

Do you still want to go at it on your own? Ok, here are some points, none of which are to be construed as legal advice.

1. Collect All Accident-Related Evidence
   Create a file with the names and addresses of adverse parties and their insurance carriers. Include the names and addresses of witnesses.

Create a file of written statements already given by any of the parties or witnesses. Obtain a copy of all police accident reports.

Photographs of the accident scene and vehicles or objects involved should be included in the file. Protect and preserve all physical evidence of the accident.

Create a file of all medical and hospital reports along with bills.

Obtain repair estimates or bills related to your property damage. If you've lost earnings, you want to include documentation.

Document all other out-of-pocket expenses. Create a contact file of all related automobile, homeowner's, medical, and/or disability insurance policies. If a job-related injury, names and addresses of the employer, workers' compensation carrier, general contractor, etc.

Helpful Resource: Maximize Your Car Accident Settlement in California | Don’t Settle for Less

2. Know the Value of Your Claim
   Research how much similar cases settle for in California, specifically for car accidents. Having a clear idea of your claim's worth helps you recognize if the adjuster's offer is too low.

This makes you more confident when negotiating for a fair amount. If you don't have a personal injury law background, determining the value of your case will be difficult. This often requires analysis of law and facts as well as reviewing settlements and verdicts of similar cases.

You will also want to have a complete understanding of your medical bills, property damage, loss of earnings, and other out-of-pocket losses.

3. Working With Adjusters
   There are so many reasons why you shouldn't proceed without first consulting with an attorney, but if you don't care about damaging your case, and you think you have what it takes, here are some very basic points.

Don't make any statements about fault, liability, etc., unless you are a qualified legal expert and understand the law. Statements against your interest will likely be used against you. While it may be frustrating dealing with an insurance adjuster, always maintain a polite and professional attitude. Remaining calm allows you to stay in control, which improves the outcome of your negotiation. Adjusters will want to know what your damages are.

Again, unless you are trained as a legal expert in this area, it is unlikely that you will cover everything you need to, but you should at least be able to provide all your medical bills and out-of-pocket expenses. You will also be relying heavily on your medical reports to reflect your injury, pain, suffering, diagnosis, treatment plan, and the like.

I've heard self-represented individuals damage their own case here by making unqualified statements about liability, injuries, and medical treatment and would never recommend a self-represented individual proceed without at least obtaining a consultation from 3 separate lawyers. They are typically free. So, you are trading your time for valuable insights from a trained professional.

4. Wait Until All Damages Are Known
   Avoid settling too early, especially before you fully understand the extent of your injuries. Many injuries take time to show up, and settling early could mean missing out on compensation for future medical costs.

At the same time, you must keep track of the statute of limitations. A statute of limitations is a law that sets a deadline for filing a lawsuit. This means that if you don't file your lawsuit within the specified time period, you may lose your right to sue.

car insurance claims adjuster

What Tactics Do Car Insurance Adjusters Use to Lower Personal Injury Settlements?

Insurance adjusters often use tactics to reduce the amount they pay out. Understanding these strategies can help you avoid falling into their traps.

1. Offering a Low Initial Settlement
   It's common for adjusters to start with a low offer, hoping you'll accept quickly without negotiation. The first offer is rarely the best, so don't feel pressured to accept it. We heard some adjusters make an early offer to resolve a bodily injury claim before the injured party is even done treatment.
2. Delaying the Process
   Adjusters may delay their responses or drag out the settlement process. You may become frustrated and agree to a lower amount because it is difficult to get a hold of the adjuster, you don't have the time, or the adjuster is busy with other claims.
3. Asking for Too Much Information
   The adjuster may request unnecessary documentation. This can slow down the process and add to your frustration. Be sure to only provide what is needed to support your claim.

By recognizing these tactics, you can better protect yourself when dealing with insurance adjusters.

What Documents Do You Need to Strengthen Your Auto Accident Claim?

Having the right documentation is key to securing a fair settlement. The more organized and detailed you are, the stronger your case will be.

1. Photographs & Video
   Prepare a file of all photographs and videos depicting the property damage, scene, and anything reflecting how the accident happened.
2. Medical Records
   Gather all medical bills and records related to your injury. This includes doctor visits, therapy, medication, and any future medical treatment that may be needed. Detailed medical records show the severity of your injuries and help justify the amount of compensation you're seeking.
3. Police Reports & Witness Statements
   A police report is often helpful for self-represented parties. It provides an account of what happened, witnesses, and a statement about the cause. However, they are not always accurate and are not always available. You will also want a file of all witness statements reflecting the incident and how it happened.

Helpful Resource: How to File a Police Report for a Car Accident & Handling Police Interaction

1. Estimates for Car Repairs
   Be sure to get estimates from trusted mechanics to show how much it will cost to fix your car. Detailed estimates can help you recover full compensation for vehicle damage.
2. Proof of Lost Wages
   If you were unable to work due to the accident, you can claim lost wages. Provide documentation from your employer to show how much income you've lost because of your injuries.

Having all of these documents ready strengthens your position when negotiating with an insurance claims adjuster.

How Should You Respond to a Low Car Accident Settlement Offer?

Before you accept an offer, figure out if it is enough to cover medical costs, property damage, out-of-pocket expenses, loss of earnings, future medical expenses, and compensation for your pain and suffering. Remember, this is not a full account of, or analysis of, your damages and should not be construed as legal advice. The offer probably isn't high enough if it doesn't address everything. You should then prepare a counteroffer. Use evidence such as medical records and repair estimates to back up your settlement demands. Clearly explain why the offer isn't enough and provide details about your damages. Stay patient, as negotiations can take time. If the adjuster won't budge, consider contacting a personal injury lawyer for help.

1. Evaluate the Offer Carefully
   Compare the offer to the total value of your claim, which includes medical expenses, repair costs, and lost wages. Make sure it covers everything.
2. Counteroffer with Evidence
   If the offer is too low, respond by presenting your evidence. Explain why you believe your claim is worth more and provide documentation to back up your request. Keep the conversation respectful but firm.
3. Negotiate with Patience
   Negotiating takes time, and it's not uncommon for offers and counteroffers to go back and forth several times. Be patient and continue to provide evidence for why your claim is worth more.
4. Consider Legal Help
   If the adjuster won't offer a fair settlement, consider reaching out to a personal injury lawyer. Having an experienced car accident lawyer by your side can make a big difference in securing fair compensation. Fassonaki Law Firm, P.C. is ready to help you if negotiations don't seem to be working.

By negotiating calmly and confidently, you can often improve the offer from the auto claims adjuster.

Low Car Accident Settlement Offer

When Should You Involve a Car Accident Lawyer?

The answer is simple: IMMEDIATELY. The passage of time can prejudice your claim. Insurance companies rarely take self-represented parties seriously. A car accident lawyer in Los Angeles can help determine the best court of action on your claim.

1. The Adjuster Isn't Acting Fairly
   If the adjuster is using unfair tactics, stalling, or refusing to negotiate in good faith, having a lawyer can help level the playing field.
2. Severe or Complicated Injuries
   If you've suffered serious injuries, a lawyer can help ensure you get compensation for medical expenses, long-term care, and lost wages.
3. Lowball Settlement Offers
   If the adjuster won't budge from an unfairly low offer, a personal injury lawyer can take over negotiations and fight for what you deserve.

Having a lawyer by your side can make all the difference when seeking fair compensation. Fassonaki Law Firm, P.C. is here to help you if negotiations with your insurance claim adjuster aren't going as they should.