Should I talk to the trucking company’s insurance adjuster? If you find yourself asking this question after a trucking accident, you should refrain from communicating with the insurance adjuster or the trucking company without having legal representation on your side. Issues can arise that may not be immediately obvious to you. You need to safeguard your rights, and your attorney will protect you in these circumstances.
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For assistance handling your trucking accident case in Illinois, contact Ankin Law at (312) 600-0000.
What Is the Role of the Insurance Adjuster After an Accident?
Insurance companies employ auto insurance claim adjusters who are responsible for handling claimants. If you’ve been involved in an accident and plan to file an insurance claim, you’ll probably interact with a claim adjuster. They will serve as your primary liaison with the insurance provider, examine the claim’s specifics, and negotiate a resolution with you. According to the National Safety Council (NSC), the number of commercial truck accidents has risen nearly 50% in the last ten years. As accidents continue to increase, the chances of encountering a truck accident claim also rise. Understanding the role of a claim adjuster can assist you in managing the claims process.
What Is an Auto Insurance Claim Adjuster?
An auto insurance claim adjuster is the individual responsible for managing your insurance claim. This person might hold various titles, such as claims specialist, claims representative, loss adjuster, or independent claims analyst. When you submit an insurance claim, a claims adjuster is assigned to oversee it.
If you’re filing a claim due to a car accident, the insurance company will designate a claims adjuster to investigate your case. Their role is to assess whether the insurance should cover any damages or injuries you have incurred and, if so, to determine the appropriate amount.
Typically, you will file a claim with the insurance company of the party at fault or with your insurer, possibly through uninsured motorist coverage or your collision coverage. In such situations, you’ll collaborate with an insurance company’s claims adjuster.
What Role Does the Insurance Adjuster Play in an Accident Claim?
What does an auto insurance adjuster do? Insurance claim adjusters are mainly responsible for investigating claims. They thoroughly verify every detail of a claim to establish fault in a car accident, assess the degree of liability, and deter fraudulent claims. Additionally, they evaluate your policy limits to understand the scope of covered losses and damages and negotiate a settlement amount with you. The responsibilities of an insurance claim adjuster can be grouped into three primary categories:
Investigate Your Claim
An insurance adjuster is tasked with examining the claim. Their role involves figuring out what occurred, how it occurred, and who is responsible for it. To accomplish this, the adjuster gathers information and evidence, which includes:
- Trucking accident report filed by law enforcement regarding the vehicle incident
- Testimonies from witnesses
- Visual evidence, including photos and videos of the accident scene
- Statements from the drivers who were part of the accident
During this investigation phase, the claims adjuster focuses on determining liability. If the policyholder is found liable, the next step involves assessing your injuries. Adjusters usually request a signed medical release to access your medical records, medical bills, property damage details, and proof of lost wages. They may also ask for an independent medical examination to evaluate the extent of your injuries and damages, ensuring they are related to the accident. Additionally, the adjuster will check if your specific claim falls under your policy coverage.
Calculate the Value of Your Claim
At the end of the investigation, the auto insurance claim adjuster will determine if you’re eligible for compensation. If so, they’ll calculate the damages based on various factors, such as verifiable expenses, injury severity, how your injuries affect your life, the strength of your case, and policy limits. Medical bills and lost income due to an inability to work are considerations in this calculation.
Attempt to Settle
After the insurance adjuster assesses your claim, they will present an initial compensation offer on behalf of the insurance company. This first offer is typically lower than your claim is worth, so you are not obligated to accept it. If you reject it, the adjuster may counter with a new offer. A car accident lawyer assisting you during insurance settlement negotiations can help maximize your settlement.
If the final offer isn’t satisfactory, you can send a formal personal injury demand letter. This letter should outline the accident details, establish fault, describe your injuries and medical treatment, and explain the impact on your life and the settlement amount you seek. If a resolution isn’t reached, you may then consider filing a lawsuit to pursue compensation for your losses.
Talking to the Insurance Adjuster
Should you communicate with the insurance adjuster? It’s best to have an attorney present during insurance adjuster communication. An insurance adjuster works for the insurance company and determines whether the policy covers a claim. They assess how much claimants should be paid, or if they should receive anything.
The adjuster’s role is not to ensure you receive fair compensation but to prioritize protecting the financial interests of their employer, which may include persuading you to accept a low settlement.
Insurance companies often attempt to encourage you to accept a quick settlement, which is typically insufficient. Usually, they won’t offer adequate compensation unless you have an attorney advocating for you.
Hiring an attorney increases your chances of obtaining a higher settlement. An experienced attorney can thoroughly investigate the incident and provide a more accurate evaluation of the accident and any injuries you may have sustained.
Benefits of Seeking Legal Counsel
Lawyers build a strong case when negotiating with a trucking company’s insurance adjuster. They understand how truck accident investigations work and may present evidence related to liability, damages, and relevant laws and regulations. They thoroughly evaluate accident settlement offers, determining whether they sufficiently address the client’s losses and future requirements. If an offer is inadequate, they negotiate a higher settlement representing the client’s damages. There are several benefits to hiring legal counsel when negotiating with a claims adjuster:
Protecting Your Interests
Navigating insurance companies can be challenging as a truck accident victim, especially when those companies try to downplay the seriousness of your injuries and propose insufficient settlement offers. Your truck accident lawyer is your advocate, safeguarding your rights and interests throughout the claims process. They manage all interactions with insurance adjusters and advise whether insurance companies can deny coverage, ensuring you are not exploited during settlement discussions.
Your lawyer may possess an understanding of the strategies used by insurance companies to diminish claims. He or she is equipped to combat these tactics and negotiate on your behalf. By utilizing experience in truck accident claims, your lawyer’s familiarity with the insurance policies, and experience with similar past cases, he or she may obtain fair and adequate compensation for you.
Assessing the Value of Your Claim
Your truck accident lawyer should understand insurance companies’ tactics to undervalue claims. He or she may have the knowledge and experience to accurately assess the total value of your accident claim, considering all damages. By conducting an evaluation, your lawyer can present a strong case to insurance firms and demand a fair settlement on your behalf.
During the evaluation process, your lawyer will consider medical expenses you have already incurred, the anticipated future medical costs, the extent of property damage, the impact on your ability to work and earn a living, and any intangible losses you have suffered. Your lawyer may consult with medical professionals, economists, and other relevant professionals to ensure a complete evaluation that captures the full scope of your damages.
Building a Strong Case
Attorneys collect and organize evidence to construct a strong case for their clients. Your attorney may gather essential materials such as medical records, accident reports, witness testimonies, and other relevant information to support your truck accident claim. Your car accident lawyer will enhance your chances of securing a favorable settlement by delivering a thoroughly prepared case.
Compelling evidence is crucial when negotiating with insurance companies. Your lawyer may collaborate with accident reconstruction specialists to examine physical evidence and ascertain the accident’s cause. He or she may gather medical documentation, consult with healthcare professionals, and acquire professional opinions to illustrate the severity of your injuries and their effects on your life. By effectively presenting this evidence, your lawyer will strengthen your case and improve the likelihood of a fair settlement.
Litigation
If negotiations don’t lead to a satisfactory settlement, your lawyer is ready to take the case to court. He or she should possess the skills to present a strong argument to a judge and jury, navigate complex legal procedures, gather persuasive evidence, and present your case effectively to secure fair compensation.
Contact us at Ankin Law following your truck accident for help communicating with insurance adjusters, securing favorable settlement terms, and fair compensation for your accident.
