How to Handle Insurance Adjusters After a Personal Injury in Ohio

Most personal injury claims are settled out of court, and most of the time it is an insurance company that pays the claim. Insurance companies, however, are businesses rather than charities. That means all that “good neighbor” talk goes out the window the moment you file a claim.

Once you file a claim, an adversarial dynamic sets in – the more you win, the more the insurance company loses, and vice versa. That is why you need to know how to handle insurance adjusters.

Mistakes to avoid

Following is a top 10 list of mistakes to avoid when dealing with an insurance adjuster concerning your personal injury claim.

Don’t leave the scene of a traffic accident

Ohio law requires you to remain at the scene of the accident until the police arrive, even if there was no injury and even if property damage is minimal. An insurance company might try to spin leaving the scene of an accident as hit-and-run even if the accident was the other driver’s fault.

Don’t discuss your case on social media

Never, ever discuss a pending personal injury case on social media. The contents of your public-facing social media accounts are generally admissible as evidence.

Don’t admit fault or say “I’m sorry” just to be polite

The insurance company will seize on any apology as a “confession.” Some cultures may encourage “polite apologies.” This is not a good idea after an accident.

Don’t accept the insurance company’s first settlement offer

In almost all cases, the insurance company’s initial settlement offer is ridiculously inadequate. The insurance company might issue a fair first offer if your claim is small, however, just to get rid of you.

Don’t give a recorded statement

The insurance company will probably ask you for a recorded statement. Don’t consent, unless your personal injury attorney says it’s OK.

Don’t sign over access to your entire medical history

If you sign over unrestricted access to your medical history, the insurance company is likely to “go fishing” looking for pre-existing conditions that they can blame your current injuries on.

Don’t get emotional

Emotional people tend to say things they don’t mean and to make critical strategic errors. Keep a cool head.

Don’t bluff

Insurance adjusters deal with bluffing every day. This tactic is unlikely to succeed and could impact your credibility.

Don’t communicate with the insurance company without speaking to your personal injury attorney first

You might have to report your accident to your own insurance company under the terms of your policy. Stick to basic facts, however, until you get a lawyer.

Don’t sign any document without showing it to your lawyer first

This is universal advice that is not limited to personal injury claims.

Tactics to watch out for

Below is another top 10 list of competitive tactics that the insurance adjuster will likely try on you, at least if you don’t have a lawyer.

Infiltrating your social media accounts

Beware of friend requests from strangers. These strangers might be affiliated with the insurance company, although gathering evidence in this way is a gray area under Ohio law. If they get away with this tactic, they can gather evidence you only share with friends.

Lowballing you

Lowballing you means issuing a settlement offer that is far, far less than the value of your claim. This is routine for the first offer. If it continues indefinitely, however, you might qualify for an insurance bad faith claim.

Lulling you into missing the statute of limitations deadline

In most cases, the Ohio personal injury statute of limitations deadline to file a lawsuit is two years after the accident. Certain exceptions exist, such as if you were a minor at the time of the accident. An insurance adjuster might seek to lull you to sleep with a hundred small delays until you’ve missed the statute of limitations deadline.

Misinterpreting insurance policy language

Some insurance adjusters engage in the tactic of deliberately misrepresenting the meaning or implications of evasively worded policy language. This is a serious misstep that might qualify you to file an insurance bad faith lawsuit, which is a separate claim altogether.

Asking you trick questions

Following are just two examples of trick questions that an insurance adjuster might pull out of their sleeve.

• “How are you today?” “I’m fine” “Oh you’re fine? But didn’t you say you were seriously injured?”
• “Can you tell me the EXACT time of the accident?” “OK, OK, the accident happened at EXACTLY 6:44 a.m.” “Oh, so you were checking the time instead of watching the road?”

Anything you say can and will be used against you.

Excessive documentation demands

It is normal and appropriate for an insurance company to ask you to document your claim. It becomes abusive when they overdo it. An experienced personal injury attorney will know when the insurance adjuster has crossed the line.

Accusing you of comparative negligence

The insurance adjuster might, for example, accuse you of violating the motorcycle helmet law or speeding. Under Ohio law, you could lose some of the value of your claim even if, for example, you were driving 5 mph over the speed limit. You can be sure that they will try something like this.

Downplaying your noneconomic damages

For most personal injury claims, noneconomic damages, such as pain and suffering, are worth a lot more than economic damages such as medical bills. You might not know that, and the insurance company might exploit your lack of knowledge to drastically undervalue your claim.

If you qualify for punitive damages (and most claimants don’t), the insurance adjuster might completely ignore your eligibility.

Arbitrarily denying your claim

The insurance company might deny your claim without giving any reason at all. Alternatively, they might ignore your claim altogether. Under circumstances like these, you might have to file a lawsuit just to force a settlement.

Convincing you not to hire a lawyer

This is the most effective insurance adjuster strategy of all — at least if it works. That’s because a good personal injury attorney can steer you away from any other mistake you might make.

Let your personal injury attorney do the negotiating for you

There is no reason why you can’t ask your personal injury attorney to handle negotiations for you from start to finish. A seasoned Ohio personal injury lawyer is in a far better position than you to effectively negotiate your claim. Don’t worry – your lawyer cannot settle your claim without your permission. Once you tell the insurance company to deal only with your lawyer, they cannot contact you.

Soroka & Associates is a Columbus, Ohio personal injury law firm that will not charge you a dime in attorney’s fees unless they win your claim. Even then, our fees add up to a pre-agreed percentage of your claim, which puts us on the same side. We don’t win unless you win too. Contact us today to schedule a consultation.