An insurance adjuster is an individual who works for the insurance company and processes an insurance claim. They serve as the individual responsible for the actions of the insurance company and act as the point of contact for the injured person to process the claim through the at-fault party’s insurance company.
The insurance adjuster’s investigation is as in-depth as possible. They seek as much information as they can to investigate the claim and determine if there are any defenses available to the insurance company and/or its insured, the at-fault party.
Typically, after an injured person initiates the claim with the insurance company, an insurance adjuster contacts the injured person and attempts to take or record a statement, in order to investigate fully. He or she will ask all questions necessary to understand how the incident occurred, the nature and extent of the injuries, and any defenses that may be available to either the insurance company and/or its insured.
The investigation process is very similar for both parties. The insurance adjuster collects all the pertinent information that a personal injury attorney collects during the initial consultation process.
With that said, the manner in which the insurance company uses the information is very different from the way an attorney for the injured person uses it. The insurance adjuster uses this information to work towards not paying the claim; whereas, the personal injury attorney uses this information to maximize the recovery on behalf of the injured person.
People should understand that insurance adjusters work for the insurance company which means the adjusters work towards minimizing or denying payments to the injured person. People should also understand that the insurance company usually records any information conveyed by the injured person and uses that information against them throughout the course of that claim and even in litigation.
An insurance company always keeps its interests first. This means that any settlement offers made within the interest of the insurance company are not necessarily in the interest of the injured party.
If the injured person makes a statement against their own interests or provides documentation that diminishes or minimizes their injuries, this information can be used against them throughout the entire course of that claim, including at trial.
Additionally, people should understand that attorneys have experience handling claims such as theirs and deal with insurance companies on a daily basis. Therefore, a lawyer can assist the injured person in processing the claim to maximize their recovery.
A person should always keep in mind the bias of the parties involved. When conducting the investigation, the insurance company’s interests are at odds with the interests of the injured person. Therefore, throughout the investigation process, a person should be mindful of the manner in which information is provided and keep in mind that this information can be used against them throughout the entire course of the insurance claim and even later at trial.
Whether or not a person is required to make a statement to an insurance company depends on the parties involved, the insurance company requesting the information, and a number of other factors. Whenever a person is involved in a motor vehicle collision, they should consult with an attorney to evaluate their rights in conjunction with the requirements of the insurance policy, regardless of whether they were at fault or not.
It is not necessary for an injured person to retain the services of an attorney, however, it is always advisable. If the injured party does not have an attorney, they are at a disadvantage when dealing with an insurance company and will most likely not receive a fair settlement from the insurance.
An attorney can draw upon his or her knowledge, training, and experience to assist the injured person in processing the claim to maximize the recovery.
