When you are injured in an accident, it’s understandable to expect fair treatment from your insurance company. However, the reality is that insurance adjusters, employees hired by the insurance company, often work diligently to minimize the payout for your injury claims. This practice is common in New York, where insurance companies often employ various strategies to reduce the amount they owe to injured individuals. Knowing how insurance adjusters work and understanding what evidence can stop them is essential in ensuring that your claim is handled properly and that you receive the compensation you deserve.
At Andrews, Bernstein & Maranto, PLLC, we know how frustrating it can be to face an insurance company that is more concerned with protecting its own profits than with helping you recover from an injury. This article will guide you through the typical tactics insurance adjusters use to minimize injury claims and provide a breakdown of the types of evidence you need to ensure that your claim is not unfairly reduced or denied.
The Role of Insurance Adjusters in Personal Injury Claims 
Insurance adjusters are professionals who investigate and evaluate claims made by policyholders. They are responsible for determining the payout amount, if any, that the insurance company should make for your injury claim. Unfortunately, their goal is often to minimize the financial exposure of the insurance company, which may involve downplaying your injuries, questioning their severity, or finding any reason to reduce the payout. While some adjusters are fair and work according to the law, many will use tactics to reduce your settlement as much as possible.
Tactics Used by Insurance Adjusters to Minimize Claims
Insurance adjusters are trained to protect the interests of the insurance company, not the claimant. As a result, they use a variety of tactics to minimize your compensation. These can include:
1. Disputing the Severity of Your Injury
One of the most common tactics adjusters use is disputing the severity of your injuries. They may argue that your injury is not as serious as you claim, or that it is not related to the accident in question. In some cases, they may bring in their own medical experts or request an independent medical examination (IME), which can be biased in favor of the insurance company. Adjusters will try to diminish the impact of your injury, suggesting that you are exaggerating your symptoms or that your condition is not as bad as it truly is.
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2. Delaying Your Claim
Delaying a claim is another common tactic used by insurance adjusters. They may drag out the process, requesting excessive documentation or repeatedly delaying your medical evaluations. This puts immense pressure on the injured party, who may feel forced to accept a lower settlement just to move forward. Prolonging the claims process can cause you to lose hope and settle for less than your case is worth.
3. Offering a Quick and Low Settlement
Insurance adjusters are often quick to offer a low settlement right after the injury occurs, before you have fully assessed the extent of your injuries or the long-term impacts on your health. The settlement offer may seem reasonable at first, but in many cases, it’s a fraction of what you’re actually entitled to. They count on the fact that many injured individuals will accept the first offer due to financial strain or lack of legal knowledge.
4. Blaming You for the Accident
In many cases, insurance adjusters will try to shift the blame for the accident onto you, even if the other party is clearly at fault. They may claim that your actions or negligence contributed to the accident, thus reducing the amount the insurance company is responsible for paying. In New York, where comparative negligence is applied, any percentage of fault assigned to you can significantly reduce your compensation. Adjusters will look for any opportunity to assign blame, even if it’s unwarranted.
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5. Misleading You About Your Legal Rights
Some adjusters will try to mislead you into believing that you are not entitled to full compensation, or that you cannot recover for certain types of damages, such as pain and suffering, emotional distress, or future medical expenses. This tactic is designed to limit your claim to medical expenses and lost wages, which are often much lower than the full extent of your losses. Adjusters may also downplay your legal options, such as the ability to take your case to court, in an attempt to get you to settle quickly and cheaply.
What Evidence Stops Insurance Adjusters from Minimizing Your Claim?
While insurance adjusters may employ various tactics to minimize your claim, you have the right to contest their findings and fight for fair compensation. One of the most important ways to protect your claim is by gathering the right evidence. Proper documentation can help refute the adjuster’s claims, establish the full extent of your injuries, and ensure that your case is treated fairly.
Here are the types of evidence that can stop insurance adjusters from minimizing your claim:
1. Medical Records and Reports
One of the most crucial pieces of evidence in any personal injury claim is your medical records. This includes everything from initial emergency room visits to ongoing treatment and rehabilitation. Medical records provide an official, documented account of your injuries, their severity, and the treatment you have received. Comprehensive documentation of your medical care, including doctor’s notes, diagnostic tests, prescriptions, and treatment plans, will help demonstrate that your injuries are genuine and have caused you significant harm.
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2. Accident Reports
Accident reports, including police reports and incident reports from the scene of the accident, are vital in proving fault. In many cases, the insurance adjuster may try to downplay the liability of the party responsible for the accident. Having a well-documented accident report that outlines the details of the incident, including witness statements, traffic citations, and officer conclusions, can support your claim and counter the adjuster’s argument.
3. Witness Statements
Eyewitness accounts can be invaluable in supporting your version of events. Insurance adjusters may try to cast doubt on your story, but witness statements can help confirm the details of the accident and provide an independent perspective. Whether from people who were at the scene or experts who have reviewed the facts, witness testimony can provide significant support for your claim.
4. Photographs and Video Evidence
Photographs of the accident scene, your injuries, and any property damage caused can be powerful evidence. Images can capture the severity of the damage and the extent of your injuries. If there are surveillance cameras or dash cams that recorded the accident, this video evidence can be crucial in proving the facts of the case. Adjusters will often try to downplay the severity of the accident, but photographs and videos can serve as irrefutable evidence.
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5. Expert Testimonies
Doctors, accident reconstruction specialists, and other professionals can provide expert testimony that bolsters your case. Doctors can explain the extent of your injuries, while accident reconstruction experts can provide analysis on the cause and impact of the accident. Expert testimonies lend credibility to your claim and can effectively counter the tactics used by insurance adjusters.
6. Surveillance Footage
In some cases, surveillance footage from nearby cameras or traffic cameras can show critical details about the accident that were not captured by witnesses. For instance, video footage can show the actions of the at-fault party, the conditions of the road, or the manner in which the accident occurred. This footage can be invaluable in proving fault and refuting any claims made by the insurance adjuster.
The Importance of Legal Assistance
In New York, insurance adjusters often rely on tactics to reduce the value of your claim, but having the right evidence can make a huge difference. Working with a knowledgeable personal injury attorney can help you navigate the complexities of your claim, ensuring that your evidence is properly organized and presented. At Andrews, Bernstein & Maranto, PLLC, we have extensive experience fighting against insurance companies to secure fair compensation for our clients.
If you’ve been injured in an accident, don’t let insurance adjusters minimize your claim. Contact Andrews, Bernstein & Maranto, PLLC today to discuss your case and learn how we can help you get the compensation you deserve.