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Bad Faith: Insurance Adjusters

Insurance adjusters: No matter how friendly or accommodating they may seem, their job is not to act in your best interest. On the contrary, their job is to make a case to their employer - the insurance company - for paying you as little as legally possible.

The same is true for the insurance adjuster or investigator from the other party’s insurance company. Again: No matter how friendly or concerned he/she is, be on your guard at all times. The other party’s insurer is also seeking a way to pay you as little as possible (or, pay you nothing at all).

Insurance adjusters are psychological experts of sorts, particularly if they have a background in professional investigation. In short, they are experts at controlling the claimant (you), by using conversational tactics designed to make you:
  • Minimize the nature and extent of your pain or injury
  • Accept partial or full responsibility
  • Feel warmly towards them and “guilty” for making your claim
  • Feel intimidated, and back down from your claims
Intimidate you? Yes, it’s true: Insurance adjusters may not always appear warm and friendly. Sometimes, if they think you will respond to it better, they use fear tactics and intimidation.

Finally, they may also discourage you from hiring a Texas insurance lawyer. Beware of this common insurance adjuster tactic: "It’s going to be tough for you to go after any more. If I were you, I’d accept this offer. The courts are backed up as it is, so it could take years. Plus, you’ll end up losing most of it in legal fees."

Sounds convincing, doesn’t it? But remember: Insurance adjusters are not legal experts! They have no way of knowing whether or not a judge will rule in your favor, and they certainly don’t know how much of the damages you recover will go to legal fees. They merely want you to believe that they do, because if you believe it, they move closer to their ultimate goal…convincing you to stop pursuing your claim.

The following are some additional references an adjuster may make to attempt to deny or reduce your claim:
  • "Are you sure you were wearing your seatbelt?"
  • "Well, your car is pretty old…"
  • "Why did you wait so long to receive medical treatment?"
  • "These medical records sound a little exaggerated."
  • "These medical records show that you already had this condition."
  • "There was no police report…there were no witnesses…"
  • "Why didn’t you request medical treatment at the scene?"
  • "I’m told you took some time off work before the accident."
  • "Your vehicle is only slightly damaged."
  • "The witnesses say you didn’t complain of pain at the scene."
  • "It sounds like you should have been more careful."
When this happens, how will you respond to these inquiries? Only a skilled legal expert can help you get prepared. Before you receive a call from an insurance adjuster, consult with a Texas insurance lawyer who can explain your rights, options, and best course of action.

If you do receive a call, politely decline to talk. There is nothing illegal about saying, "Thanks for calling, but I’m in the middle of something. I need to get back to you later in the week." What’s your next move? You guessed it: Call our Texas law firm to schedule a consultation.

In all automobile accident cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of an automobile accident, call The Law Offices of Regis Mullen & Shane Mullen, Inc. now at (214) 747-5240 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries.
The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law.
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Monday 6th of February 2012
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