When you file an injury claim, the claims adjuster will do their best to
save their insurance company’s money by limiting your compensation
as much as possible. They will attempt to break any rules necessary if
they believe they can get away with it in this regard and you should be
aware of some of the improper negotiating tactics they may use and how
“Waiting too long to file”
Adjusters can try and intimidate you if any time elapsed between your accident
and when you notified the insurance company. In third-party claims, there
is no time limit to file apart from the statute of limitations, typically
three years in Massachusetts, so if the adjuster for a third-party asks
why you have waited you are within your rights to tell the adjuster that
that issue is immaterial to the claim and to proceed to settlement negotiations.
Regarding your own insurance company, unless you have filed so late that
it affects their ability to investigate your claim, they must otherwise
honor it. Be honest with the claims adjuster as to the delay, only do
not admit that the delay was unreasonable. The adjuster may try and coerce
you into accepting a smaller offer by suggesting your claim may be too late.
Going out of pocket
If you lost time from work due to your injury, whether this was covered
by sick leave or vacation pay is none of the adjuster’s business.
Neither is whether your medical bills were paid by your health or other
insurance. The “collateral source rule” makes it improper
for an adjuster to consider other sources of compensation when determining
a fair settlement. They should not even be asking about such matters.
You need an aggressive injury lawyer when you are injured who can take
on claims adjusters to protect your right to damages. Look to the Law
Office of Steven R. Whitman to handle your claim and recover the compensation