Improper Settlement Tactics to Watch Out For
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 to respond.
“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 you deserve.