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Insurance adjusters are not without “Outside Pressures” they must deal
with every day. If understood, that will absolutely put money into your bank.
The first of these
is your State Department Of Insurance. Every state has a Department, Commissioner,
or Bureau of Insurance that overseas the antics of Adjusters in that particular
state - - usually identified as a Consumer Complaint Division. If the adjuster
you’ve been dealing with has refused to make any offer at all, has engaged
in what you consider to be unethical conduct, or made what you believe is
a ridiculously low offer, you have justification for a complaint.
The mere mention
of a complaint to the State Department of Insurance may bring the adjuster
around to making a better offer. Adjusters would rather not have to deal with
a complaint. PLUS: They don’t want copies of them ending up in their
personnel file!
Your
complaint to the State Insurance Department will accomplish several things.
First, the adjusters boss will become aware there’s a claimant (you) who intends
to do whatever it takes to obtain some fair settlement dollars. That will
often inspire him or her to take a closer look at your case and come up with
a better offer. Also, it could evolve into what’s a costly effort because
a complaint with the State Insurance Department will add an additional layer
of work, supervised by an extra contingent of personnel. When it’s realized
this will come to pass they’ll try harder to settle your claim.
All
insurance adjusters dream of one day being promoted to a higher position within
the company they work for. They’re aware of the fact if their personnel file
has correspondence flowing into it from claimants they’ve handled (plus copies
of the letters which have been sent to the insurance commissioner) those will
surely be read by one of the company executives. More often than not this
will be an individual who doesn’t want a “Problem Employee” like that adjuster
spluttering, splashing and crashing about their office area causing headaches
and extra work, within the framework of that particular executive’s command.
Adjuster’s are fully aware such complaints will keep them, on the road
forever, and prevent them from moving up the corporate ladder.
OTHER CRUCIAL ISSUES THAT
ADJUSTERS ARE AWARE OF
When it comes to the reality of the way things work in
the actual, daily, experience of personal injury claim negotiations and settlement,
it’s vastly different from the stipulations found in the “Formal law”. That
is, legal theory, as it’s written and supposed to work. What that means is:
Most adjuster’s can settle a case whether their decision to do so is based
on “The Law” or not.
In the real world of Personal Injury settlements
a “Compromise” (which often has nothing to do with the law) is the order of
the day. It’s commonly accepted among those is the business (because that’s
what makes their work life so much easier) that in any given case there’s
a likelihood of negligence on both sides. What this boils down to in practical
terms, is this: Irregardless of the law practically no claim is without merit
or totally lacking in a value of some sort, especially if that “Value” is
simply to “Get rid of it”. I know this to be true because, “I’ve been there
and done that”.
Although it’s never expressed
to them “Officially” adjusters quickly learn, should your case go to trail,
compromise will be the order of the day, even in cases of questionable
liability! This fact alone gives them plenty of room to make a Compromise
Settlement before your case ends up in their Defense Attorney’s hands where
such a compromise will usually take place anyways .Why will this come to pass?
Because the costs of preparing for (and proceeding into) a courtroom battle
will skyrocket!
Being aware of all of this is always bubbling
and boiling in that gray matter between every adjuster’s ears. If there’s
any question whatsoever don’t ever give up. Keep pounding away!
When faced with a determined claimant (you) who’s willing to wait, haggle
(and wont go away) the chances are the adjuster will eventually make an offer.
This comes to pass because every adjuster knows (especially
if your claim has some value) doesn’t want it to end up as a complaint at
the State Department Of Insurance. PLUS: They know you’ll be made,
a settlement offer (somewhere down the line) anyway. So, better they settle
it now, before the cost of defending it gets blown out of proportion, later!
In order to continue to look good (especially to those who watch their
progress and the way they handle the outside pressure’s that haunt every claims
adjuster) each and every one of them wants to stay out of trouble (as they
climb that slippery ladder to "Success"). And, to do so, they must be a very
"Cagey", wheeling and dealing, individual. For you to understand, and be aware
of this, when used correctly, can be to your financial advantage.
By: Dan
Baldyga
Email: dbpaw@comcast.net.
Copyright (c) 2004 By Daniel G. Baldyga. All Rights Reserved. Reprinted with
permission. Dan Baldyga has a lifetime of experience in motor vehicle accidents,
personal injury and compensation. Over the years Dan has written several "How
To" books on this subject matter. Dan's latest book AUTO ACCIDENT PERSONAL
INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found
on the internet at http://www.caraccidentclaims.com
or http://www.autoaccidentcaims.com
DISCLAIMER:
This article,OUTSIDE PRESSURES ON THE TYPICAL INSURANCE
ADJUSTER, is intended for background information. Its purpose is to help
people understand the motor vehicle accident claim process. Neither Dan Baldyga,
EXPERTPAGES.COM nor FREEADVICE.COM make any guarantee of any
kind whatsoever; NOR purport to engage in rendering any professional
legal service, NOR to substitute for a lawyer, an insurance adjuster,
or claims consultant, or the like. Where such professional help is desired
it is the INDIVIDUAL’S RESPONSIBILITY to obtain said services.
